SERVICES

URBAN PLANNING AND CONSTRUCTION CODE OF THE REPUBLIC OF AZERBAIJAN

(This Code was approved by the Law of the Republic of Azerbaijan No. 392-IVQ dated June 29, 2012)

SECTION I

General Provisions

Chapter 1

Urban Planning and Construction Legislation

Article 1. Purpose of Urban Planning and Construction Legislation

The urban planning and construction legislation of the Republic of Azerbaijan determines the legal foundations and principles of urban planning and construction activities, as well as the rights and obligations of the state, municipalities, individuals or legal entities in the field of urban planning and construction activities.

Article 2. Urban Planning and Construction Legislation of the Republic of Azerbaijan

2.1. The urban planning and construction legislation of the Republic of Azerbaijan consists of the Constitution of the Republic of Azerbaijan, international treaties to which the Republic of Azerbaijan is a party, this Code and other normative legal acts.

2.2. Relations arising in the field of urban planning and construction activities in the Alat Free Economic Zone are regulated in accordance with the requirements of the Law of the Republic of Azerbaijan “On the Alat Free Economic Zone”.[1]

Article 3. Basic concepts used in this Code

3.0. The following basic concepts are used in this Code:

3.0.1. urban planning activities – activities carried out to determine the general spatial concept of the development of the territory or parts of the territory of the Republic of Azerbaijan and the main directions of land use, planning, construction and improvement of territories, formation and development of the settlement system, regulation of population employment, protection of the environment, historical landscape and historical and cultural monuments;

3.0.2. settlement system – spatial organization of cities and other settlements in order to provide people with healthy and safe living, working and recreational conditions, as well as to protect and restore the environment;

3.0.3. zoning – the division of territories into zones with the determination of the functional purpose of the territory, as well as the requirements for their landscape organization and construction;

3.0.4. territorial zones – territories whose borders, type and conditions of land use, scale of construction, as well as restrictions on land use are determined by territorial planning documents;

3.0.5. territorial zones used under special conditions – protection, sanitary and sanitary-protection zones;

3.0.6. red lines – boundaries determined by urban planning documents and separating the territories of microdistricts, neighborhoods, as well as other planning structures from streets and squares;

3.0.7. construction coefficient of the territory – the ratio of the construction area to the total area of the planned territory;

3.0.8. construction density coefficient of the territory – the ratio of the total area of the ground floors of buildings and structures to the total area of the planned territory;

3.0.9. construction activity – activity carried out for the purpose of construction (construction, current and major repairs, reconstruction, restoration) or demolition of construction objects;

3.0.10. construction objects – buildings or structures created or created in the process of construction activities;

3.0.11. building – a construction object with a closed volume-spatial structure intended for the residence, activity of people, protection from natural influences, provision of social, cultural and household services to them, as well as for the placement of production areas or storage of material values;

3.0.12. facility – other construction object with a specific functional purpose and not considered a building (roads, bridges, pedestrian crossings, tunnels, hydrotechnical facilities, dams, support structures, engineering and communication support systems, etc.);

3.0.13. complex technical construction objects – buildings or structures whose design and construction require special solutions;

3.0.14. potentially hazardous construction objects – buildings or structures that are considered a potential source of danger due to their functional purpose, the nature of technological production processes and operational characteristics;

3.0.15. attic floor – an area located in the attic of a building, intended for residential and non-residential purposes;

3.0.16. temporary building – a building placed on the ground, intended for use in a short time, including during construction, constructed of lightweight construction structures and easily assembled and dismantled;

3.0.17. construction and installation works – construction or repair, reconstruction or restoration of an object as a result of the implementation of works provided for in the construction project, including completion and improvement works;

3.0.18. current repair of a construction object – periodic repair and construction work without making changes to the structures, engineering and communication support system or lines in order to maintain the operational quality of the object;

3.0.19. Major renovation of a construction site – extending the service life of the facility

and (or) replacement and (or) restoration of non-load-bearing structures, engineering and communication support systems and lines based on the relevant project in order to improve the quality of operation, as well as, if necessary, replacement and (or) restoration of certain elements of load-bearing structures with appropriate ones;

3.0.20. reconstruction (reconstruction) of a construction object - implementation of construction, installation and commissioning works related to the application of new technologies or the construction of new buildings or structures, including the installation of engineering and communication support lines, based on the relevant project in order to change the existing purpose of the object or modernize the quality of operation;

3.0.21. restoration of a construction object - return of an object that has become unusable to its original state by performing construction and installation works based on the relevant project;

3.0.22. commissioning works - bringing technological equipment or engineering and communication support lines installed in the objects into a ready state for operation;

3.0.23. construction area – a plot of land allocated and marked for construction;

3.0.24. construction site – a plot of land necessary for construction in a construction area;

3.0.25. construction area – a plot of land under construction objects in a construction area;

3.0.26. normative documents on urban planning and construction – rules on urban planning and construction activities, as well as standards, conditions, technical norms and other technical regulatory legal acts regulating urban planning and construction;

3.0.27. construction project – a set of technical documents determined by urban planning and construction normative documents and prepared in connection with the construction (construction, repair, reconstruction, restoration or demolition) of a specific object;

3.0.28. estimate – documents reflecting the financial costs to be spent on construction;

3.0.29. state control over construction – activities carried out to ensure that construction work is carried out in accordance with the project, the reliability of construction facilities, compliance with the requirements of urban planning and construction regulatory documents related to the production of construction materials and products, construction structures;

3.0.30. construction materials – construction products, materials directly used in the preparation of construction products or construction structures;

3.0.31. construction products – finished products manufactured by industrial methods and used in construction;

3.0.32. construction structures – parts of buildings or structures that perform certain load-bearing, protective and (or) aesthetic functions;

3.0.33. close neighbors – owners or users of land plots bordering the construction site or located up to 20 meters from the construction site;

3.0.34. neighbors - persons who own, lease or use land plots near the construction site and whose interests protected by law are affected as a result of construction;

3.0.35. adjacent walls - walls built separately on the border of adjacent land plots;

3.0.36. common wall - a wall built on the border of two neighboring land plots;

3.0.37. engineering and communication support system - means and devices for the provision of gas, heat, communication, electricity, water and sewage necessary for the operation of facilities;

3.0.38. infrastructure - a complex of road and transport, social, cultural and household services, engineering and communication support facilities;

3.0.39. load-bearing structures - a structural system that ensures the reliability (durability and strength) of construction facilities;

3.0.40. engineering survey works – activities carried out to study natural (geological) conditions and technogenic impacts for the purpose of efficient and safe use of land within the boundaries of the construction area, as well as to collect information necessary for planning the territory, preparation and justification of projects of construction facilities;

3.0.41. expertise of construction projects – verification of compliance of construction projects with the requirements of regulatory documents on urban planning and construction;

3.0.42. customer – state bodies, municipalities, as well as legal or physical persons ordering the construction (construction, current and major repairs, reconstruction, restoration) or demolition of construction facilities, the performance of engineering survey works and the design of construction facilities;

3.0.43. designer – a legal or physical person preparing a project of territorial planning documents, construction facilities or their individual parts in accordance with a contract concluded with the customer;

3.0.44. contractor – a legal entity or individual performing construction and engineering survey works under a contract concluded with the customer;

3.0.45. reliability – ensuring the safety of the facility and its load-bearing structures in terms of durability and strength

i;

3.0.46. state funds – funds of the state budget, funds of extra-budgetary state funds, loans, grants, foreign aid received under state guarantees or international agreements concluded by the state, as well as funds of extra-budgetary funds of organizations financed from the budget and other funds classified as state funds;

3.0.47. feasibility study of a construction facility – a set of comparative technical and economic calculations carried out to determine technical solutions, estimates and expected results related to the construction of the facility, as well as other indicators;

3.0.48. span – the distance between the central axes of adjacent load-bearing structures.[2]

Chapter 2

State policy in the field of urban planning and construction activities

Article 4. Purpose and directions of state policy in the field of urban planning and construction activities

4.1. The purpose of state policy in the field of urban planning and construction activities is to ensure the socio-economic development of territories and settlements, protect individual interests, prevent threats to or damage to people's lives, health, property, as well as property interests of the state, ensure ecological safety and environmental protection, and protect historical and cultural monuments (hereinafter referred to as cultural heritage sites).[3]

4.2. The main directions of state policy in the field of urban planning and construction activities are as follows:

4.2.1. Determining the development directions of territories through planning of the territory and territorial parts of the Republic of Azerbaijan, ensuring efficient use of territories and sustainable development of territories;

4.2.2. Reducing and gradually eliminating differences in terms of creating a favorable and healthy living, working and recreational environment for people in the territory of the Republic of Azerbaijan;

4.2.3. determining the development strategy of the housing stock;

4.2.4. determination of the development strategy of the construction complex, ensuring the efficient use of natural construction resources;

4.2.5. legal and economic regulation of urban planning and construction activities;

4.2.6. creation and improvement of a system of normative documents on urban planning and construction (including approval of technical regulations for construction);

4.2.7. ensuring environmental protection and ecological safety.

4.3. State policy in the field of urban planning and construction activities is implemented by the relevant executive authority.

Article 5. Powers of the state in the field of urban planning and construction activities

5.1. The powers of the state in the field of urban planning and construction activities are as follows:

5.1.1. preparation and approval of territorial planning documents;

5.1.2. implementation of control over the preparation of territorial planning documents and compliance with the requirements of these documents;

5.1.3. creation of a unified information support system for urban planning and construction activities and determination of the procedure for its application;

5.1.4. issuing construction permits;

5.1.5. licensing urban planning and construction activities;

5.1.6. organizing certification of professional areas of construction activities, construction materials and products, construction equipment, machines and mechanisms;[4]

5.1.7. implementing construction control;

5.1.8. conducting expert examination of construction projects;

5.1.9. preparing and adopting regulatory documents on urban planning and construction;

5.1.10. issuing permits for the operation of construction facilities;

5.1.11. ensuring the implementation of international agreements in the field of urban planning and construction to which the Republic of Azerbaijan is a party;

5.1.12. determining the criteria and rules for assessing the impact of construction activities on the environment.

5.2. The state's powers in the field of urban planning and construction activities are exercised by the relevant executive authority.

Article 6. Powers of municipalities in the field of urban planning and construction activities

6.0. The powers of municipalities in the field of urban planning and construction activities include the following:

6.0.1. to organize territorial planning in the territory of the municipality, to participate in the creation and development of the social, engineering and communication provision system and infrastructure of these territories;

6.0.2. to organize the implementation of construction projects commissioned by the municipality in the territory of the municipality;

6.0.3. to determine and allocate the financial resources required for the development of local infrastructure in connection with the implementation of construction work in the territories of the municipality;

6.0.4. to create a database of constructions carried out in the territories of the municipality.

Chapter 3

Basic principles of urban planning and construction activities

Article 7. Basic principles of urban planning and construction activities

7.0. Azerbaijan Resp

Urban planning and construction activities in the Republic of Azerbaijan are carried out on the basis of the following principles:

7.0.1. ensuring social minimums related to healthy and safe living, working and recreational conditions;

7.0.2. ensuring safety;

7.0.3. ensuring ecological safety and environmental protection;

7.0.4. ensuring compliance with urban planning documents;

7.0.5. protection of historical landscapes and cultural heritage sites;

7.0.6. informing the public.

Article 8. Ensuring social minimums

In urban planning and construction activities, in particular in construction sites intended for human habitation or use, social minimums established by this Code and other regulatory legal acts related to healthy and safe living, working and recreational conditions must be ensured.

Article 9. Ensuring safety

9.1. The safety of the construction site and construction facility shall be ensured in terms of compliance with the requirements for protection from fire, natural or man-made hazardous effects.

9.2. Based on the requirements established in this Code and other regulatory legal acts, regulatory documents on urban planning and construction shall provide for safety measures for the protection of construction sites and facilities from fire, natural or man-made hazardous effects.

Article 10. Ensuring ecological safety and environmental protection

10.1. Within the framework of urban planning and construction activities, ecological safety and environmental protection shall be ensured.

10.2. Construction activities shall be assessed in accordance with the procedure established by law in terms of their impact on the environment. The results of the assessment shall be taken into account when determining measures to ensure ecological safety and environmental protection during construction activities.

Article 11. Ensuring compliance with urban planning documents

11.1. Construction projects shall comply with the requirements established by urban planning documents, including the detailed plan. In the absence of such a plan or when its term expires, construction projects are allowed if they comply with the planning documents of the territory where they will be implemented (master plans and (or) general plans), as well as the requirements taken into account during the preparation of the detailed plan, and if the following conditions are met:

11.1.1. when the designed facility is intended to be built within the boundaries of the territories where constructions are present;

11.1.2. when the facility intended to be built corresponds to the existing constructions in terms of type and scale of use.

11.2. Construction of a construction facility outside the scope of application of the detailed plan and the boundaries of the territories where constructions are present within the meaning of Article 11.1 of this Code is allowed only in cases where it is possible (the possibility of which is sufficiently justified) to provide infrastructure and engineering communications in the relevant territory and if this construction facility is intended for the following purposes:[5]

11.2.1. for the implementation of activities related to agriculture and forestry;

11.2.2. for the use of employees of an agricultural enterprise;

11.2.3. for the provision of communications, electricity, gas, water, heating, sewage or for the implementation of entrepreneurial activities related to the relevant territory;

11.2.4. for the production of renewable energy sources.[6]

11.3. Except for those provided for in Articles 11.1 and 11.2 of this Code, the implementation of other construction intentions is not allowed in the following cases:

11.3.1. if the facility to be constructed is in conflict with the master plan;

11.3.2. if the facility to be constructed is likely to have a harmful impact on the environment or is at risk of being exposed to such an impact;

11.3.3. if the facility to be constructed requires inefficient use of state or municipal funds in connection with the creation of infrastructure, ensuring safety or health;

11.3.4. if the object to be constructed violates the interests of the environment, land, cultural heritage protection, or the natural features of the landscape;

11.3.5. if the object to be constructed poses a threat to water management or protection from natural phenomena (floods).

11.4. The position of municipalities regarding construction projects and intentions provided for in Articles 11.2 and 11.3 of this Code shall be studied.

11.5. A fee shall be paid for checking the compliance of construction projects with urban planning documents, as well as for other services provided by relevant bodies in the field of construction activities, the list, amount and application of which are determined by the relevant executive authority.[7]

Article 12. Protection of historical landscapes and cultural heritage sites

Within the framework of urban planning and construction activities, the territories with historical landscapes and cultural heritage sites, specially protected natural areas or sites

protection of the structures shall be ensured.

Article 13. Public information

The relevant executive authority, or the body established by the relevant executive authority, or the relevant municipality shall be obliged to provide the public with detailed information on all stages and content of territorial planning, as well as on important construction intentions for the population.[8]

Chapter 4

System of normative documents on urban planning and construction.

Information support system for urban planning and construction activities

Article 14. Purpose of the system of normative documents on urban planning and construction

14.1. The system of normative documents on urban planning and construction serves the purpose of creating a healthy and safe living, working and recreational environment (conditions) for the population.

14.2. The list of normative documents on urban planning and construction shall be published by the relevant executive authority annually.

14.3. The requirements of normative documents on urban planning and construction shall be complied with during the implementation of urban planning and construction activities.

Article 15. System of normative documents on urban planning and construction

15.1. The system of normative documents on urban planning and construction includes the following:

15.1.1. territorial planning documents, norms and rules, as well as technical regulatory legal acts related to the justification of urban planning;

15.1.2. technical regulatory legal acts related to the maintenance of the state urban planning cadastre;

15.1.3. technical regulatory legal acts of an organizational and methodological nature related to the standardization and certification of construction materials and products, the organization of geodesy, engineering survey and construction works, and permits for the exploitation of construction facilities;

15.1.3-1. technical regulatory legal acts related to the level of professionalism of persons operating in such professional fields of construction activity as engineering survey, design, construction and installation, mechanization and transportation, production of building materials and expertise of construction projects;[9]

15.1.4. technical regulatory legal acts determining the reliability indicators of construction facilities, fire and explosion safety, requirements for protection against dangerous (harmful) effects of natural and technogenic nature, quality and conformity of construction materials, products and structures;

15.1.5. technical regulatory legal acts on the design and construction of construction facilities, including main pipelines (water, sewage, gas, oil pipelines, etc.) and communications (electricity, communication lines, etc.);

15.1.6. technical regulatory legal acts on the engineering and communication provision of settlements or their parts, individual construction facilities;

15.1.7. technical regulatory legal acts on ensuring safety during construction;

15.1.8. technical regulatory legal acts on pricing and estimates for construction facilities financed by state funds;

15.1.9. technical regulatory legal acts on ensuring civil protection requirements in the design and construction of construction facilities;

15.1.10. regulatory legal acts on the implementation of control over urban planning, architecture and construction activities.

15.2. The legal basis of regulatory documents on urban planning and construction is this Code and other regulatory legal acts.

15.3. In cases provided for by international treaties to which the Republic of Azerbaijan is a party, the norms and standards of foreign states or international organizations related to urban planning and construction shall be applied on the territory of the Republic of Azerbaijan.

Article 16. Unified information support system for urban planning and construction activities

16.1. A unified information support system for urban planning and construction activities shall be organized in order to ensure a comprehensive assessment of the territory and the adoption of relevant decisions in the field of urban planning and construction activities.

16.2. The regulations of the unified information support system for urban planning and construction activities shall be determined by the relevant executive authority.[10]

SECTION II

Urban planning activity

Chapter 5

Territorial planning

Article 17. Purpose of territorial planning

17.1. The provisions of this Code on territorial planning regulate the planning of the entire territory of the Republic of Azerbaijan, including territorial parts (regions, administrative territorial units), cities and other settlements, and the relations related to the use of lands in these territories for construction or other purposes.

17.2. Territorial planning is carried out in terms of state needs or the goals of urban planning.

17.3. Territorial planning must ensure the orderly development of urban planning and socially fair use of lands, be consistent with the well-being of the public, contribute to the formation of a favorable and healthy environment for humans, and the protection of natural resources necessary for life.

and development.

17.4. Subsoil and land should be used economically and efficiently. Areas used for agricultural, forestry and residential purposes should be designated and used for other purposes only to the extent justified and necessary.

17.5. When preparing territorial planning documents, public and individual interests should be fairly balanced.

Article 18. Types of territorial planning

18.0. There are the following types of territorial planning:

18.0.1. general territorial planning;

18.0.2. planning of land use;

18.0.3. detailed territorial planning.

Article 19. Objectives of territorial planning

19.1. The objectives of general territorial planning are as follows:

19.1.1. Creation and development of balanced social, economic, ecological and cultural conditions in the territory and territorial parts of the Republic of Azerbaijan;

19.1.2. ensuring general requirements for the creation of a favorable, healthy and safe living, working and recreational environment for humans;

19.1.3. Preservation of the specific features (historical, cultural, ecological, etc.) of individual territories of the Republic of Azerbaijan;

19.1.4. Creation and development of appropriate infrastructure in the territory and settlements of the Republic of Azerbaijan, ensuring that infrastructure facilities are accessible to all;

19.1.5. Creation of long-term competitive and spatially balanced economic infrastructure, sufficient jobs and education places in the territorial parts of the Republic of Azerbaijan;

19.1.6. Protection and development of the historical and natural landscape.

19.2. The objectives of land use and detailed territorial planning are as follows:

19.2.1. Use of territories (or parts of territories) taking into account the requirements of environmental protection and ecological safety;

19.2.2. ensuring the requirements for the protection of cultural heritage sites, the efficient use of national (local) architectural and construction traditions, landscape or spatial appearance;

19.2.3. ensuring the requirements (aspects) related to environmental protection, in particular, interests related to the impact on fauna and flora, soil, water, air, climate, as well as the population and cultural heritage sites;

19.2.4. ensuring the economic interests related to agriculture and forestry, energy and water supply, sewage and waste disposal, post and telecommunications, as well as mineral deposits;

19.2.5. ensuring the requirements for the transportation of people and goods (including public transport carrying out short-distance transportation), including the mobility of people;

19.2.6. ensuring the requirements for protection against natural disasters;

19.2.7. ensuring the requirements for defense and civil defense.

Article 20. Territorial planning documents

20.1. Territorial planning documents are the following:

20.1.1. General plans (hereinafter referred to as general plans) prepared within the framework of general territorial planning of the territory or territorial parts (regions, district territorial units) of the Republic of Azerbaijan;

20.1.2. Master plans of cities and other settlements prepared within the framework of land use planning;

20.1.3. Detailed plans prepared within the framework of detailed territorial planning of territories or territorial parts of settlements.

20.2. Master plans are prepared on the basis of general plans, and detailed plans are prepared on the basis of master plans. Territorial planning documents of neighboring administrative territorial units must be prepared in coordination with each other. The rules for coordination are determined by the relevant executive authority.

20.3. Territorial planning documents have binding legal force. Depending on the strategic or precise design of territorial planning documents, a strategic environmental assessment (SEA) or environmental impact assessment (EIA) document is prepared for these documents in accordance with the procedure stipulated in the Law of the Republic of Azerbaijan “On Environmental Impact Assessment” and a state ecological examination of this document is carried out.[11]

20.4. Territorial planning documents are open to the public. The relevant executive authority, or an institution or municipality established by the relevant executive authority, is obliged to provide legal entities or individuals with the opportunity to familiarize themselves with territorial planning documents and provide copies of these documents upon request.

Article 21. General plans

21.1. General plans are prepared at the level of the territory and (or) territorial parts (regions and district territorial units) of the Republic of Azerbaijan. General plans may provide for the following:

21.1.1. settlement system (cities and transport routes connecting these cities, roadside, riverside areas - development axes, as well as prospective development of the settlement system, network of other settlements, etc.);

2

1.1.2. areas not covered by the settlement system (forests, agricultural lands, mineral deposits, specially protected natural areas, etc.);

21.1.3. improvement and change of functional designation of areas;

21.1.4. areas intended to provide protection from natural phenomena such as floods and inundations (for example, on river banks, etc.);

21.1.5. areas and lanes (corridors) for types of infrastructure (transport, engineering communications, supply, waste transportation and recycling, etc.);

21.1.6. areas intended to perform certain functions of importance for any territory (space) (airports, seaports, etc.).

21.2. General plans have unlimited legal force and may be amended accordingly.

Article 22. General plan

22.1. The master plan is prepared at the level of cities or other settlements. The master plan should describe in general terms the type of use of the lands intended for the territory of a city or other settlement for urban development purposes, based on foreseeable needs.

22.2. The master plan may provide for the following:

22.2.1. areas intended for construction, depending on the type and scale of use of the territory for construction purposes;

22.2.2. areas for relevant facilities and enterprises, as well as areas for sports and playgrounds, in order to provide the population with goods and services, in particular their social and cultural-domestic needs;

22.2.3. parks and other green areas, beaches, cemeteries;

22.2.4. areas for road and transport infrastructure;

22.2.5. areas for engineering and communication provision, as well as areas for waste (construction areas without a central sewage system should be marked);

22.2.6. areas whose use is restricted or where special rules are applied in accordance with the legislation on environmental protection, areas to be cleaned and improved;

22.2.7. water areas, ports and areas intended for water management, as well as areas to be kept vacant for flood protection and water flow regulation;

22.2.8. areas where engineering preparation, including the design organization of the relief, is to be carried out (areas to be filled, excavated) or areas for the extraction of stone, soil or other excavations;

22.2.9. agricultural areas;

22.2.10. forests;

22.2.11. areas for the protection, care and development of the natural environment and landscape.

22.3. The following must be specifically noted in the master plan:

22.3.1. areas necessary for special construction measures or special safety measures against natural phenomena during construction;

22.3.2. areas under mining industry or intended for mineral processing;

22.3.3. areas intended for use for construction purposes and loaded with a large amount of materials that pose a threat to the environment;

22.3.4. strategic environmental assessment (SEA) document and the opinion of the state ecological expertise of this document.[12]

22.4. An explanatory note must be attached to the master plan. The explanatory note must describe the objectives and significant impacts of the master plan.

22.5. The type of land use for construction purposes is determined on the basis of the established territorial zones. Zoning of territories is carried out taking into account the following requirements:

22.5.1. taking into account previously adopted decisions on the planning of the relevant territory;

22.5.2. identification of zones where urban development activities are allowed to be carried out to a limited extent;

22.5.3. indication of existing constructions, engineering and communication provision and transport infrastructure, as well as the main elements of the planning structure of the territory;