Amendments To The Construction Law

Original Language Title: Grozījumi Būvniecības likumā

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The Saeima has adopted and the President promulgated the following laws: the law of construction done during construction Act (Latvian journal, 13, 146. No; 2014, 21, 84 no) the following amendments: 1. Express article 1 paragraph 6 by the following: "6) preservation of construction — construction, carried out the design and construction of strengthening the protection against adverse external effects, as well as built the inženiertīkl off to the shipbuilding structures come into human life, health or the environment hazardous position;". 2. Supplement article 4 a new paragraph 4 by the following: "4) the public participation principle according to which in the cases specified in this Act is to ensure construction plans public consultation;" consider the previous points 4 and 5 respectively for 5 and 6 point. 3. in article 5: turn off the first part of paragraph 1, "a" above the words "rankings and"; turn off paragraph 1 first subparagraph "b" section; make the first part of paragraph 1 "d" paragraph by the following: "(d)) where the necessary shipbuilding expertise, as well as construction and construction expertise the expertise in the composition, procedure and scope"; make the first part of paragraph 1 of the section "f" by the following: "(f)) control of construction procedure and conditions, rights and obligations of the building, as well as offices, institutions, exercising the functions of būvvald and the municipality building of workers ' cooperation procedure '; Add to the first paragraph of part 1 with the new "g" section as follows: "(g)), būvspeciālist"; consider the current paragraph 1 first subparagraph "g" section on the "h" point; Add to paragraph 2, the first subparagraph of point "c" after the word "building" with the words "receipt card and the explanatory memorandum; Add to the first part of paragraph 2 with a new "d" paragraph by the following: "(d)) where the required information for the public about the construction plan, and such outreach procedures"; consider the current paragraph 2 of the first paragraph "d", "e", "f", "g" and "h" point on the "e", "f", "g", "h" and "i" section; consider the current paragraph 2 of the first paragraph of the "i" section on the "j" section and replace the word "transfer" with the word "making"; make the first part of paragraph 10 by the following: ' 10) determines the order in which you perform market surveillance of construction products, construction products, but that were not subject to European Parliament and Council Regulation (EU) No 305/2011 laying down harmonised conditions for the marketing of the construction products and repealing Council Directive 89/106/EEC requirements, also the order in which their demands the compliance of construction products requires and receives samples of the products, carried out in laboratory or other expertise and where the cost of carrying out the examination shall be borne by the producer or distributor of construction products; "; to supplement the first part of paragraph 13 by the following: ' 13) determines the construction plans public consultation procedure. "; turn off the second part of paragraph 2, the words "(State and local)"; replace the second part of paragraph 10, the word "structures" with the words "engineering structures". 4. in article 6: express the following fourth subparagraph: "(4) sectoral ministries or institutions subordinated to the Ministry according to the rules laid down in the laws and competence for taking decisions in the cases of construction intentions in the performance of this law article 12 of part 1, 3, 4, 5, 5.1, 5.2, 6, 7, 9 and 10 set out in paragraph būvvald, the functions of the statutory decision-making and dispute settlement deadlines as well as this law provides in article 14 of the construction plans and consultation procedures of notification and access to information the construction information system. "; replace the words "the fifth part of the standards or technical regulations of the operating characteristics and declared the laws and requirements of" with the words "legislation and technical regulations and requirements for construction products for declared operating characteristics"; Add to sixth with paragraph 5 by the following: "5) inform būvvald, Office or institution, which carries out the functions of the būvvald, on the site of the construction products in non-compliance with the requirements of the law."; off the seventh part of the second and third sentence. 5. in article 6.1: make the second paragraph as follows: "(2) as regards the first part of this article referred to in paragraph 1, the Office buildings of this law article 12 1, third paragraph 5.1 and point 7 in būvvald functions, as well as provide in article 18 of this law certain. Public building operational control Office shall be this law, the procedures specified in article 21. '; to supplement the article with third, fourth and fifth paragraph as follows: "(3) the construction of State control, the Office is entitled to request and receive free of charge information and documents (including the construction permit based projects). (4) the order in which the Office granted an independent practice rights in this law article 13 paragraph 5 of part three in a specialty, as well as independent monitoring of practice, determined by the Cabinet of Ministers regulations on the assessment of competence būvspeciālist and independent practice. (5) the Office shall apply the rules laid down in the decision making and dispute settlement. Decisions of the Office may be appealed to the Court of Justice of the administrative procedure law. Appeal shall not suspend the decision. " 6. in article 7: (1) the expression "a" section as follows: "(a)) creating a in your territory or būvvald in agreement with other Governments on the establishment of a joint būvvald and providing the necessary activities of būvvald resources, as well as delegating other authorities to separate the tasks of public administration facilities, in accordance with the procedure prescribed by law"; to supplement the article with the second part as follows: "(2) in the first subparagraph of this article, these obligations do not in respect of the municipal public works control and operational processes, which, according to article 6.1 of the Act is set out in the Office's competence. Būvvald and cooperation arrangements of the Office lays down general provisions. "; believe the current text of article about the first part. 7. in article 8: supplement article with a new first paragraph as follows: "(1) the Council of the Latvian construction shall consist of the public authorities, non-governmental organizations and professional organizations in representatives."; consider past the first and second respectively in the second and third. 8. Express article 11, the second sentence by the following: "building and a more detailed breakdown of civil groups establish the General …." 9. in article 12: to supplement the first sentence with the following: "Būvvald's functions can be implemented in a number of local government units, each of which has its own set of this law, the resulting competence. '; Supplement point 4 of part a with the words "as well as the decisions contained in the test conditions and the content of the documents submitted to the laws prescribed amount"; Supplement third with 5.1 and 5.2 as follows: "51) designate the building construction of the control object and determines the mandatory site visit schedule. In cases where the need for the construction of the building, said the timing of the determination of the assessment of the building plan of the main set of the works; 52) received information on the construction site of the non-compliance with construction laws, shall decide on the need to ask the construction conception for the applicant to assess the impact of non-compliance to the essential construction requirements; "; Supplement third with 13 as follows: "the General būvnoteikumo for 13) properly cooperate with the Office and the institutions, which perform the functions of the būvvald."; Add to fourth with 2.1 as follows: "21) within 14 days, of this law, article 16 and article 17 in part 2.2 2.1 part of that question, as well as of the changes in the building where the recipient of a building changes, public works Director, būvuzraug or autoruzraug;"; to make a fifth by the following: "(5) is made to mark Būvvald the construction permit for the design conditions covered within 15 working days from the date of the documents submitted to the būvvald, which shows all the relevant conditions are met. Mark on the start of the work conditions in the explanatory memorandum, receipt of building permits in the map or būvvald shall be five working days from the date of the būvvald submitted to all the documents certifying the fulfilment of the conditions concerned. "; to supplement the article with the sixth part as follows: "(6) in the third paragraph of this article 1, 5.1 and 7 the obligation referred to in paragraph būvvald is not made for those public works control processes, which according to article 6.1 of the Act is set out in the Office's competence. Law and order in which the būvvald is entitled to participate in the third paragraph of this article 1 and 7 in the processes in those cases where it is referred to in this law, other institutions, establish the General …. " 10. Article 13: replace the first paragraph, the words "or the construction of" with the words "building or electricity"; Add to the introductory part of the third paragraph after the word "civil" by the words "or a related engineering"; Add to the introductory part of the fourth paragraph, after the word "civil" by the words "or a related engineering"; adding to the fifth subparagraph of the introductory paragraph, after the word "civil" by the words "or a related engineering"; Add to article 9.1 of the part as follows: "(91) competence of the inspection authority independent practice under the supervision of the cabinet order not less frequently than once every five years, check: 1) būvspeciālist the substantive practice; 2) būvspeciālist the information provided on education and professional development program stems or other competence-enhancing measures specified in the certificate; 3) complaint and submissions, as well as on other ways the authority as firms for possible violations of the būvspeciālist. "; adding to the thirteenth part with the word and figure "except for article 6 of this law in the seventh part of the event". 11. in article 14: make the third paragraph (1) of the following: "1) construction permit issuance, refusal to issue building permits or construction plans public consultation;" turn off the third part in paragraph 2, the words "simplified procedure"; Add to the article with a new fifth subparagraph by the following: "(5) if living or a public building is proposed for the construction of the object, which can lead to significant impact (smell, noise, vibration or other contamination), but which has not been applied to the environmental impact assessment, būvvald provides construction plans public consultation before a decision on the proposed construction of the object. The municipality of binding rules may also provide for other instances do the construction plans public consultation. Public consultation does not hold if the territory provides for building, is a detailed plan in force. If, in accordance with the territorial development planning regulatory laws, finding specific mentioned in this paragraph, may be a decision on the development of a detailed plan, priority shall be given to the development of a detailed plan. The results of the public consultation can be used to cover the construction permit additional terms related to the above construction effects on the environment. If a building permit was issued in violation of the provisions of this part, a higher authority or the Court, in deciding the question of whether the contested judgment permits the rule of law, whether the violation is of such significance that a building permit must be canceled, and, in particular, verify whether or not in violation of public rights of participation in decision making. " consider the fifth of sixth and supplement it with 4, 5 and 6 of the following paragraph: "the decision on building 4) issue or refusal to issue building permit number and date; 5) day, when checked for design conditions when building permits issued this law article 15, second paragraph in that case; 6) the date of entry into force of the amendments to the conditions of the building permit, in article 16 of this law 2.3 or article 17, in the case referred to in 2.2. "; to supplement the article with 6.1 and 6.2 part as follows: "(61) publication of information system Construction adds the būvvald submitted to the construction conception Visual solution, if the intended building construction. (62) The third part of this article, paragraph 1 of the decision taken with respect to public consultation, the Housing Society announces Cabinet. "; consider the current sixth seventh and express it as follows: "(7) the customer is obliged the Cabinet in the cases provided for in the rules on planning permission received to inform the public, placing the būvtāfel plot in which permitted construction. Būvtāfel-deployable within five days from the date of entry into force of the construction permit. This event is informational in nature. " consider the seventh part of the eighth and turn off at the word "(possessor)"; consider the current eighth for the ninth part and replace the word "five" with the word "the" and part of the sixth Supplement to the word and figure "but this law article 15, second subparagraph, in the case referred to in the from date of the check mark on the design conditions"; to supplement the article with the tenth, eleventh, twelfth and thirteenth part as follows: "(10) a decision taken under article 16 of this law 2.3 or article 17, in the case referred to in 2.2, can be a challenge or appeal a month from the sixth part of this article 6 referred to the date of publication of the information. Appeal shall not suspend the decision action. (11) the total time during which the construction process of the administrative act issued in the opposition application is considered, the institution must not be longer than two months from the date of receipt of the application. (12) a Person has a duty to act in the application of administrative challenge or the application for administrative acts justify appeals against administrative acts of illegality. (13) the higher authority or court may renew procedural time challenge and appeal of the building permit, if it finds that public information on building permits issued had obviously not sufficient. " 12. in article 15: replace the introductory part of the first subparagraph, the word "issue" with the word "issue"; make the first part of paragraph 1 by the following: "1) construction scheme meets local government planning, lokālplānojum (if there is) and a detailed (if necessary in accordance with the laws and regulations), except where the construction of the concept refers to the object of national interests;" turn off the first part of paragraph 2, the words "or legal possessor"; to supplement the article with a new second subparagraph by the following: "(2) in special cases provided for būvnoteikumo of civil engineering construction building permits issued before the first part of this article referred to in paragraph 2 and include the compliance requirements of building design conditions."; consider the second part of the third part and replace the introductory phrase, the words ' do not issue "with the word" fail "; consider the current third and fourth respectively on the fourth and fifth; consider the fifth of sixth and replace the word "issuing" with the word "Publisher", as well as to exclude the word "holder"; consider the current sixth seventh part. 13. Supplement article 16 to 2.1, 2.2 and 2.3 in part as follows: "(21) construction plan design changes be prohibited construction uses, but changes to the building facade solutions, building location and the būvapjom permitted, subject to paragraph 2.2. (22) the Person to whom the permit has been issued, may be asked to allow changes to the construction plan for the construction of the position: 1) if they are reasonable, the institution issued technical or special terms and does not affect the rights of third parties; 2) būvapjom if the building does not affect the rights of third parties and the changes are related to the construction of construction specifications, building construction, insulating and finishing materials or engineering solutions and does not smell, noise, vibration or other forms of pollution; 3) building façade solution, if the changes do not affect the rights of third parties. (23) the Person to whom the permit is issued, this article 2.2 case referred laws to būvvald submitted certain documents, but būvvald or other body which performs the functions of the būvvald, evaluate the need to amend the construction permit conditions. " 14. in article 17: replace the first paragraph, the words "the sixth" with the words "seventh"; to supplement the article with 2.1 and 2.2 the part as follows: "(21) during the works prohibited to make changes to shipbuilding in the form of a human, but changes to the building facade solutions, building location and būvapjom, within the limits of article 2.2 of this likuma16 part. (22) the Person to whom the permit is issued, article 16 of this law, in the case referred to in paragraph 2.2 shall be submitted to the būvvald legislation in certain documents, but būvvald or other body which performs the functions of the būvvald, evaluate the need to amend the construction permit conditions. "; to make the fourth subparagraph by the following: "(4) the works that requires a receipt card or explanatory memorandum, may start after būvvald in the documents that made a mark on the conditions and special regulations for registered būvvald in the cases provided for in the start of construction work necessary documents." 15. Article 18: make the first part as follows: "(1) the control of the works under the statutory competence take būvvald, the institution shall perform the functions of the būvvald, and office building, the authorities employed persons who have acquired the right of independent practice of architecture or in the field of construction and building registered in the registry. Cooperation of būvvald building has the right to look at the works during construction and the construction site where the monitoring or other institutions that perform būvvald functions, competence, and provide information about the relevant authorities for further action. "; make the second paragraph, the second sentence by the following: "arbitrary construction is also building or part of a service does not adequately designed for the use or construction, which launched the project without the appropriate documentation, if required in accordance with the regulations."; to make the third and fourth subparagraph by the following: "(3) the Building, taking control of the building, have the right to view and check the construction and building works. If natural or legal the person does not provide the right building view and examine the construction and building works, the following projects and construction site can enter via aizvietotājizpild and physical strength, according to the district (municipal) Court judges decision, adopted on the basis of būvvald, Office or other body that carries out the functions of the būvvald, the application and accompanying materials. Natural and legal persons which impede the exercise of the right of the building, called to the statutory liability. (4) the control of building works under the competence of the bodies which they employed: 1) the commencement of the construction works in compliance with legislative requirements; 2) checks the conformity of the construction works and legislative requirements; 3 make sure the compliance of construction) of the supporting documentation of the construction site and the deficiencies identified, inform the central authority of construction market; 4) make sure that the environmental protection requirements on the construction site and on deficiencies identified inform the institution carrying out the environmental State control; 5) make sure that the autoruzraudzīb is carried out or a building where the monitoring need determined by law, and that the building plan is respected. " make the fifth part of the introductory paragraph as follows: "(5) where a building in accordance with the fourth paragraph of this article paragraph 1 establishes an arbitrary construction, he stopped the work and write the opinion, but the authority shall take one of the following decisions:"; adding to the fifth subparagraph of paragraph 1, the words "or the construction works started in the building before markup for design conditions, regardless of the circumstances why the action had not been taken"; adding to the fifth subparagraph of paragraph 2 with the following sentence: "If the decision on the authorisation to carry out the construction of the būvvald's deadline is not met, the būvvald may decide to restore the previous situation."; express the sixth part as follows: "(6) where, in accordance with the fourth paragraph of this article (2) of the building establishes a derogation from the projects submitted to the būvvald, he stopped the works and writes the opinion. Būvvald can take a decision on the authorisation to continue the works and the ability to change the conditions of the building, where it is found in article 17 of this law in the circumstances referred to in part 2.1. "; Add to article 6.1 of the part as follows: "(61) if the building construction site finds the fourth paragraph of this article 3 above, he shall be entitled to suspend the construction work and writing the opinion. Būvvald can take a decision on the authorisation to continue the works from institutions that carry out the construction market supervision and control, the information on the deficiencies, but when asked to assess the construction of the būvvald the impact of non-compliance with essential requirements, construction, assessment. '; to make the seventh subparagraph by the following: "(7) where, in accordance with the fourth paragraph of this article, paragraph 4 of the building construction site detects deviations from the requirements of the environment that caused or may cause danger to any person or substantial damage, he shall be entitled to suspend the construction work and writing the opinion. Būvvald can take a decision on the authorisation to continue the works from institutions that take environmental State control, get information about the detected deficiencies. " to supplement the article with the 7.1 part as follows: "If the building owner (71) does not comply with the decision referred to in the fifth subparagraph, the authority shall take a decision in the enforcement of the administrative procedure law. Enforceable decisions, if entry into force since their last no more than five years, including the period in accordance with the administrative procedure law. "; to make an eighth of the following: "(8) the Būvvald shall decide on the revocation of a permit, if the changes affect the use, construction or location and is not found in article 17 of this law in the circumstances referred to in part 2.1."; turn off the ninth and tenth; make the eleventh subparagraph by the following: "(11) the decision on the suspension of the works included in the building's opinion, the decision on the suspension of the work or the decision on planning permission, its recognition of unenforceable enforceable immediately. The challenge to this decision or appeal shall not suspend its activity. If the decision on the suspension of the works is not filled, so collectors can provide this decision by applying the aizvietotājizpild (including exclusion in respect of the object or area in which the object is located) and other administrative proceedings laid down in the Act on coercive means of enforcement, as well as decide on the building and restoration of the previous state. In addition to the administrative procedure law in the cases laid down by decision related costs shall be borne by the addressee of the decision, the costs associated with the restoration of the previous state, shall be borne by the owner of the building. " 16. Article 19: to supplement the first sentence with the following: "within the meaning of this Act, a land owner is also public people the legal possessor of land, but the owner of the building — a public person or other buildings belonging to the legal possessor."; make the second paragraph as follows: "(2) where the land is located or is built on land belonging to the owner of the building, the initiation or conduct of the works without planning permission or building permits, before receipt or memorandum checked on the conditions, if the appropriate decisions to initiate the construction of the necessary response land owner. The land owner is also responsible for regulations under the building project developer, būvekspert, būvuzraug for the works and choices. " Add to the second sentence of the third paragraph after the words "construction of the developer" with the word "būvekspert"; express the sixth part as follows: "(6) the Būvuzraug is responsible for the entire construction process monitoring in General and any specific building plans in phase control on the construction site, which are provided for in the plan concerned, as well as on how to structure or part thereof, during the construction of which he performed his duties, comply with the construction and the principals, this law and other legislative requirements."; to supplement the article with the 7.1 part as follows: "(71) the landowner or the owner of the building shall not be entitled to authorise the other members of the construction process to designate the būvekspert or būvuzraug and enter into a contract for the būvekspert or the būvuzraug provision of the landowner or the owner of the construction task."; to make the ninth and tenth by the following: "(9) if the execution of the construction permit is required, explanatory note or receipt card, between members of the construction, except for relatives in the first, second and third degree of relationship, and other family members who can prove affiliation with the family, on the job or the provision of services concluded in writing in a business or enterprise agreements. (10) If the works does not require planning permission, explanatory note or receipt card, construction duties and rights of members with regard to the form of the conclusion of the contract shall determine the civil law, labor law and other laws. " 17. Article 21 of the expression as follows: "article 21. The shipbuilding operation (1) completion of the construction works agent supports the position of the uzmērījum structures and adopt a structure. (2) it is prohibited to use the building until its adoption, except that this article is referred to in the third subparagraph. The construction operation is only used according to the use of design. (3) Operation of buildings adopted in rebuilding, recovery or restoration, as well as inženiertīkl and būvnoteikumo in special cases provided for civil construction, conversion or restoration during their use prior to acceptance into operation is allowed if the construction plan includes the assessment of the admissibility of the use of the construction works of the time, terms of use, but also in respect of buildings — calculation of the permissible weight of building materials and assembly load on the load-bearing structures in construction work in the Organization's project. (4) the owner of the Construction of the building and its elements ensure maintenance during operation to this law, article 9, second paragraph, the construction of the essential requirements laid down. (5) the Building, indicating the certificate and higher officials of the authority, have the right to visit the natural and legal persons owned or in use in existing structures and separate space to control the operation of the compliance with laws and regulations, including the existence of an arbitrary construction and building safety. If the person does not provide the right building to view and inspect premises and separate rooms, the following projects and separate premises can penetrate through aizvietotājizpild and physical strength, according to the district (municipal) Court judges decision, adopted on the basis of būvvald, Office or other body that carries out the functions of the būvvald, the application and accompanying materials. Where such structures and facilities needed to tap into by using physical force, it shall be carried out in accordance with the procedure prescribed by law. Physical and legal persons, which impedes the exercise of the right of the building, called to the statutory liability. (6) building, the construction adopted by the safety operation, perform a general Visual inspection, during which captures and evaluates the visible damage and prepares opinion. Viewing results can be based on the construction, or the built-in construction products for detailed technical studies. Public buildings shall be made and shall be employed in the Office building. (7) operation of supervisory Structures, taking into account the opinion of the findings of būvvald or Office within the limits of their respective competences, may take the following decisions: 1) ordering the construction, or the built-in construction products technical research; 2) ask to eliminate hazards found, having informed the local government; 3) if the danger of constructing, operating, prohibit to hazard prevention; 4) If construction or a separate room is not used according to the use, design, construction or separate, to prohibit the operation of the space and ask to restore the previous situation. (8) in addition to the seventh paragraph of this article, those decisions, on the basis of the building, the opinion prepared by a competent authority in the cases specified by law, shall adopt a decision on administrative penalty. (9) if the building is completely or partially sagruvus or come in a technical condition that is dangerous or damaging the landscape, the owner of the building, according to decision of the municipality must be arranged or demolished. This decision provides the administrative procedure law. (10) this article is the ninth in the seventh and part of these decisions (except decisions relating to shipbuilding, which died in a landscape) enforceable immediately. This decision to challenge and appeal shall not suspend their operation. If any of the relevant decisions are not met, the authority may provide its performance by applying aizvietotājizpild and other administrative procedure laid down by law enforcement. In addition to the administrative procedure law in the cases laid down by decision related costs shall be borne by the addressee of the decision, the costs associated with the restoration of the previous state, shall be borne by the owner of the building. " 18. the express article 22, first paragraph as follows: "(1) to conduct business in one or more areas of construction, as well as the architecture or in the field of electricity, a trader register būvkomersant register, submitting information about all the work contract workers būvspeciālist." 19. Supplement article 23, second subparagraph, after the words "economic indicators" with the words "(including būvkomersant entered in the register of merchant raksturojošo data)". 20. The transitional provisions: replace paragraph 2 of the introductory part numbers and the words "2014 1 December" with numbers and the words "1 July 2015"; replace paragraphs 3 and 4, the word "five" with the word "six" and the number "4437." — with "2020". transitional provisions be supplemented by the following point 4.1: "4.1 of this law article 18, in the first part of the claim that the municipality of employed building requires at least a first-level university degree, architect or civil engineer obtained in courses, and the requirement for the certificate of būvspeciālist need not apply to the building of the working relationship with būvvald launched in 2014 November 1."; make paragraph 5 by the following: "5. The construction process that started up this law into force, will be finalised in General būvnoteikumo."; Replace paragraph 8, the words "the third paragraph with the words" and the first part of the number "12" and the number "2015." — with the number "2016."; make paragraph 10 by the following: "this law 6.1 article 10, first paragraph, point 2 shall enter into force on January 1, 2015, paragraph 1 — 1 July 2015, but the fourth part of article 6.1, 2016 January 1." adding to the transitional provisions in paragraph 11 and 12 with the following: "11 to 2016 January 1 inspection rights are natural persons, if they have received the relevant certificate of design or construction, as well as the construction of laws and regulations governing registered legal persons employing certified specialists in the field concerned. 12. Article 14 of this law shall apply to the part of 6.1 days, when the construction of the information system provides the construction of electronic documents circulation, but not earlier than 1 October 2015. " The law will enter into force simultaneously with the 9 July 2013 adopted in construction law. The Parliament adopted the law in 2014 on July 3. The President a. Smith in Riga 2014 July 18.


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