Irina Bekish, lawyer
Pursuant to the Decree No. 217 of the President of the Republic of Belarus dated 05.06.2019, the Council of Ministers of the Republic of Belarus in resolution No. 517 dated 07.08.2019 determined construction standards and regulations, its approval and use (hereinafter – Rules No. 517). Let us consider this resolution in more detail.
Pursuant to Rules No. 517 development of construction standards and regulations is carried out on the basis of annually determined by the Ministry of architecture and construction of the Republic of Belarus (hereinafter - Ministry) the list of works in the field of architectural, town – planning and construction activity (hereinafter - in the field of construction) with indication of performers of works and terms of performance. Construction standards and regulations will be developed in accordance with the structure of the National complex of technical normative legal acts in the field of construction and will consist of the following parts:
- organizational and methodological support of construction;
- basic safety provisions of buildings and structures;
- urban planning, buildings and structures;
- engineering support of buildings and structures, external supply line;
- building structures and products;
- building materials and products;
- mobile buildings and structures, equipment, inventory and building implements;
- buildings and structures. Thermal protection. Energy characteristic;
- construction economics.
Each of these parts will be divided into groups. For each group of homogeneous objects, a block of interconnected technical normative legal acts with similar goals and objectives is formed (paragraph 4 of the Rules No. 517).
Decree No. 217 specified that construction standards are safety requirements for buildings and structures intended for mandatory application. Construction regulations are the ways to achieve construction standards. They will be used on a voluntary basis. National complex of technical normative legal acts in the field of construction is a set of technical normative legal acts establishing requirements and rules in the field of architectural, urban planning and construction activities (Rules No. 517).
According to Rules No. 517, the Ministry shall approve rules for the presentation, execution and registration of construction standards and regulations. The requirements of construction regulations are mandatory to use from the date of its entry into force. By decision of the client and the investor, when developing project documentation, it is allowed to use newly developed (revised) construction standards after their official publication (Rules No. 517).
Rules No. 517 determined that the development of the project construction standards, construction regulatioms will be drawn up a technical specification and approved it will be the Ministry of architecture. Simultaneous with the drafting must prepare an explanatory note to this draft and notification. Then these documents are forwarded to the Ministry of architecture, which places the notification, construction regulations, construction standards, the explanatory note to the project on its official website in the Internet within 15 calendar days from the date of receipt of such documents and sends them to the state authorities (organizations). The term of consideration of these documents is not less than 60 and not more than 90 calendar days.
Comments and suggestions on the draft construction standards and regulations in electronic form or on paper are sent to the developer (paragraph 13 of the Rules No. 517).
After the completing consideration of the draft, should be prepared a notice about completing consideration which is published on the official website of the Ministry. The Ministry receive and consider comments and proposals and then prepare the final version of the draft construction standards and regulations.
The final version of the draft construction standards and regulations are sent to the Ministry with explanatory note and comments got during consideration. Before approval, should be done:
- consideration by the relevant technical Committee, the scope of which it affects;
- coordination with relevant state bodies (organizations), if such coordination is mandatory in accordance with legislative acts, as well as if the draft version contains requirements related to relevant state bodies (organizations) or affecting their competence;
- metrological and regulatory technical expertise;
- legal expertise (paragraph 19 of the Rules No. 517).
Draft version, as well as amendments to it, should be approved by the Interdepartmental Council on Architecture, Urban Planning and Construction. After approval by the Interdepartmental Council on Architecture, Urban Planning and Construction, the final decision on approval of the draft construction standards, regulations and amendments is made by the board of the Ministry (paragraph 22 of the Rules No. 517).
Construction standards and regulations should be approved by the Ministry of Architecture. When approving, the date of their entry into force is established. The deadline for construction standards is not earlier than 60 calendar days after their official publication, for construction regulations is not earlier than 60 calendar days from the date of their approval. Construction standards and regulations should be registered within 5 calendar days from the date of their approval (Rules No. 517).
Rules No. 517 also provide for the procedure for the examination of draft construction standards and regulations, the procedure for checking, revising, amending, invalidating construction standards and regulations.
We remind, earlier it was reported that the aim of development and approval of new construction standards and regulations is to establish progressive system of technical regulation, transition to a flexible and simplified design standards, allowing use modern technologies, solutions, materials in the construction.
Regulation No. 517 came into force on 18 August 2019.