Who in Tajikistan accepts new buildings and sets their service life?

Questions about the acceptance of construction projects, the terms of their operation, the procedure for demolishing buildings and structures, as well as liability for violations of the legislation in this sphere are commented on by the lawyers of the PO «Independent Human Rights Protection Center». 

Who accepts new developments for commissioning?

The certificate of the state acceptance commission on the acceptance of a completed property for commissioning is the basis for the state registration of the right of ownership of this property. The certificate of the state commission on the commissioning of a completed property is subject to approval by the body that appointed the state acceptance commission within the following terms:

- for properties of industrial purpose - within no more than 5 working days from the day of signing the certificate;

- for properties of residential-civil purpose - within no more than 3 working days from the day of signing the certificate.

Important: The date of commissioning of a property accepted by the state acceptance commission is considered to be the date of approval of the certificate of acceptance of the property by the body that appointed the commission.

 

In what case can the owner accept the property for commissioning themselves?

The owner (client, investor or developer) has the right to independently carry out the acceptance for commissioning of the following completed construction properties:

- reconstruction (re-planning, re-equipping) of residential or non-residential premises, with the exception of multi-apartment buildings, not involving changes to load-bearing and enclosing structures, engineering systems and equipment, as well as the repurposing (change of functional designation) of premises;

- temporary structures (buildings);

- household and utility buildings on the territory of individual house plots, private houses, buildings on the plots of gardening and horticultural societies, landscaping elements on adjoining house territories or house (dacha) plots;

- re-planning (re-equipping) of premises of non-industrial purpose carried out in existing buildings and not requiring changes to load-bearing structures;

- small architectural forms, open sports grounds, sidewalks, landscaping, paving of the territory around buildings (structures) and fencing of territories on the basis of documents confirming the right to ownership.

Note: Depending on the significance or cost of construction of the property being accepted for commissioning, the state acceptance commission is appointed by:

- the Government of the Republic of Tajikistan upon the recommendation of the central executive bodies of state power or the executive bodies of state power of the Gorno-Badakhshan Autonomous Region, the regions, the city of Dushanbe, and the cities and districts;

- the central executive body of state power;

- the executive bodies of state power of the Gorno-Badakhshan Autonomous Region, the regions, the city of Dushanbe, and the cities and districts.

The procedure for the work of the state acceptance commission, its rights and obligations, are determined by the Government of the Republic of Tajikistan.

 

Who establishes the operating terms of new developments?

Erected construction properties must comply with the requirements of safety for the life and health of citizens, the safekeeping of the property of natural and legal persons, and environmental safety throughout the standard term of their operation.

The standard operating terms of construction properties are established by the authorized state body in the field of architecture and urban planning.

The standard operating term of a construction property is provided for in the design documentation for construction. The developer of the design documentation and the contractor guarantee the safety of the construction property throughout the standard term of its operation.

 

Is there a warranty period for the operation of a property?

The contractor guarantees the possibility of operating the construction property throughout the established warranty period, unless otherwise provided by the construction contract.

The client, the owner of the construction property, before the expiration of the warranty period, is obliged to carry out a technical inspection of the construction property in stages within the established terms, but no less than once every three years, to draw up a certificate and reflect in the certificate its technical condition and the identified defects.

If necessary, the client, the owner of the construction property, has the right to engage representatives of the contractor, the authorized state body for urban-planning supervision, and the local executive body of state power to participate in its inspection.

During the transfer of ownership (the right of use) at the initiative of the new owner (user), an early technical inspection may be carried out. Demands for the elimination of defects are presented by the client, the owner of the construction property, to the contractor during the warranty period. The elimination of defects by the contractor is carried out within the term agreed with the client, the owner of the construction property.

Important: If the contractor refuses to eliminate the defects or postpones the term for their elimination, the client has the right to eliminate it independently by transferring funds for the expenses at the contractor’s account. The amount of the funds spent in connection with the elimination of defects is determined on the basis of the prices that were in effect at the time the relevant construction work was carried out.

 

What are the obligations of owners and users in operating construction properties?

Owners and users of construction properties are obliged to operate the property in accordance with the requirements of the legislation of the Republic of Tajikistan, as well as its intended and functional designation. Unless a different procedure is established by the legislation of the Republic of Tajikistan, owners and users of a construction property, when operating it, are obliged to:

- preserve the architectural appearance of the construction property;

- carry out inspections of the technical condition of the construction property;

- maintain the construction property in a proper technical, sanitary-hygienic, fire-safety, environmental and architectural-aesthetic condition;

- comply with the requirements in the field of environmental protection;

- keep the design documentation throughout the entire warranty period of operation of the construction property.

Important: Unless a different procedure is established by the legislation of the Republic of Tajikistan, the owner and user of a construction property are obliged to periodically repair the operated construction property, to fulfill the requirements of the local architecture and urban-planning bodies and other state bodies exercising supervision over the operation of construction properties during the warranty periods. The frequency of repairs of construction properties is determined by the rules for their operation.

Source: Asia-Plus