3)design documentation of the renovation (modernization) of a building – for the renovation (modernization) of a building; such design documentation may be prepared in compliance with the typical design documentations approved by the Ministry of Environment or an institution authorised by it, tailored to particular buildings which are being renovated (modernized), or in compliance with design documentations prepared by using typical structural members approved by the Ministry of Environment or an institution authorised by it;
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4)design documentation of the overhaul – for the overhaul of a construction works of exceptional significance or a construction works of non-exceptional significance;
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5)design documentation of simple repairs – for simple repairs of a construction works of exceptional significance and a construction works of non-exceptional significance in the cases set out by the Ministry of Environment or the Ministry of Culture;
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6)simplified design documentation of the construction – for the construction of a simple construction works in the cases set out by the Ministry of Environment;
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7)simplified design documentation of the reconstruction – for the reconstruction of a simple construction works in the cases set out by the Ministry of Environment;
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8)an overhaul description – for the overhaul of a simple construction works in the cases set out by the Ministry of Environment;
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9)simple repairs description – for simple repairs of a construction works only in the cases set out by the Ministry of Environment or the Ministry of Culture;
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10)design documentation of the demolition – for the demolition of a construction works of exceptional significance;
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11)a demolition description – for the demolition of a construction works of non-exceptional significance;
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12)a simplified description of the demolition – for the demolition of a simple construction works in the cases set out by the Ministry of Environment;
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13)design documentation of the change of the purpose of a building (room, rooms) - when changing the purpose of a building (premise, premises), where only simple repairs of a construction works are carried out or where no construction operations are carried out;
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14)the design documentation of maintenance operations – for works carried out in order to preserve a cultural heritage property in adherence to the requirements of the Law on Protection of Immovable Cultural Heritage.
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2.If it is planned to carry out construction operations attributed to different construction types, a single design documentation of a construction works, uniting different construction types, may be prepared.
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3.Design documentation of a construction works shall be prepared in compliance with territorial planning documents, documents of construction investigations of a land plot (territory) (if such investigations are mandatory), research data of a cultural heritage property, legal acts in force, conditions for connecting and:
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1)special architectural requirements laid down by the municipal administration, provided that they are in compliance with the requirements referred to in subparagraphs 2 and 3 of this paragraph;
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2)special heritage protection requirements issued by the Department of Cultural Heritage, which apply to a cultural heritage property or its territory, a particular structure of cultural heritage, a construction works located within the territory of an object of cultural heritage or the site of cultural heritage;
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3)special protected areas‘ management and protection requirements issued by the directorate of a protected area, which apply to a particular construction works, plot or territory, which is being designed, in the area of conservational protection priority or complex protected area.
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4.A builder (client) shall be entitled to choose a provider of services – an owner or user of engineering and utility networks and traffic infrastructure.
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5.A builder (client) shall be entitled to choose whether he will use public engineering and utility networks or will lay local engineering and utility networks, if it is possible to choose according to territorial planning documents or if solutions of territorial planning documents, that provide for the laying of public engineering and utility networks, have not been implemented.
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6.It shall be prohibited to include in the connecting conditions a requirement that the builder (client) carry out repair or reconstruction works of existing engineering and utility networks and traffic infrastructure. Such works must be carried out by the owner or user of these networks or infrastructure.
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7.New engineering and utility networks or traffic infrastructure shall be laid pursuant to contracts between the builder (client) and the owner or user of engineering and utility networks or traffic infrastructure.
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8.The owner or user of engineering and utility networks and traffic infrastructure shall issue conditions for connecting within 15 working days from the receipt of the request of the builder (client) to be issued with the said conditions. Where the conditions for connecting have not been issued within the set time limit, the builder (client) shall be entitled to apply to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment which shall, in accordance with the procedure established in the Code of Administrative Offences, draw up reports of administrative offences to those responsible for issuing the said conditions and shall forward these reports to the court. The builder (client) may appeal in the manner prescribed by legal acts to the court against the illegality of the issued conditions for connecting or the refusal to issue such conditions.
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9.Persons who have prepared the conditions for connecting and the special requirements shall, within their remit, be responsible in the manner prescribed by legal acts for the compliance of the said conditions and requirements with laws and other legal acts.
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10.The design documentation of a construction works shall be signed by the designer of the construction works or a person authorised by him, the head of the design documentation of the construction works, the heads of the parts of the design documentation of the construction works and the preparator of the design documentation of the construction works.
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11.The procedure for preparing the design documentation of a construction works and the components of the design documentation of the construction works, the specific features of the assigning of construction operations to different construction types, the list of simple construction works as well as the specific features of the assigning of construction works to the type of simple construction works shall be laid down by an institution authorised by the Government.
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12.Persons who have signed the design documentation of the construction works shall be responsible in the manner prescribed by legal acts for the compliance of the concepts of the design documentation of the construction works with the set requirements.
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Article 21Architectural solutions of the design documentation of a construction works. Architect of a Construction Works
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1.Apart from other established parts of the design documentation of a construction works, an architectural part of the design documentation of a construction works shall be mandatory for all overground construction works and those underground (underwater) construction works which are intended for living, working of individuals or for meeting their other needs (except underground construction works in which individuals do not live and work and are present only for the purpose of the maintenance of such construction works (engineering and utility networks, technical tunnels, etc.).
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2.An architect of a construction works, if he satisfies the requirements of Article 10 of this Law, shall be the head of an architectural part of the design documentation of the construction works, he may concurrently be the head of the design documentation of the construction works.
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3.When carrying out an expert examination of the design documentation of a construction works, only those architectural solutions shall be checked which are regulated by normative technical construction documents and required documents related to the preparation of the design documentation.
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4.When preparing an architectural part of the design documentation of a construction works, an architect of the construction works must act in compliance with Article 5 of this Law.
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Article 22Approval of the design documentation of a construction works of exceptional significance and a construction works entered in the State Investment Programme
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1.Design documentation of a construction works of exceptional significance or a construction works included in the State Investment Programme must be approved by the builder (client) (only if there is an act on the expert examination of the design documentation allowing to approve the design documentation) prior to obtaining a construction permit.
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2.The procedure for approving the design documentations specified in paragraph 1 of this Article shall be established by an institution authorised by the Government.
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CHAPTER SIX DOCUMENTS PERMITTING THE CONSTRUCTION.
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COMPLETION OF THE CONSTRUCTION
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Article 23Documents permitting the construction
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1.Documents permitting the construction shall be as follows:
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1)in the case of the construction of a construction works of exceptional significance and a construction works of non-exceptional significance – a permit to construct a new construction works;
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2)in the case of the reconstruction of a construction works of exceptional significance and a construction works of non-exceptional significance – a permit to reconstruct a construction works;
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3)in the case of the renovation (modernization) of a building – a permit to renovate (modernize) a building;
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4)in the cases other than those referred to in subparagraphs 1, 2 and 3 of this paragraph – a written approval of the authorised civil servant with respect to the design documentation of the construction works specified in subparagraphs 4-13 of paragraph 1 of Article 20 of this Law (if such a consent is mandatory);
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5)in the cases where the documents permitting the construction referred to in subparagraphs 1-4 of this paragraph, however it is mandatory pursuant to the provisions of legal acts to obtain consents of owners or managers of a plot of land or adjacent plots of land – written consents of the owners or managers of these plots of land;
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6)in order to continue the suspended construction - a permit to continue the suspended construction.
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2.A permit to construct a new construction works, a permit to reconstruct a construction works and a permit to renovate (modernize) a building shall be issued by the director of the municipal administration or a civil servant of the municipal administration, authorised by the director. When issuing a permit to construct a temporary construction works, the time limit of use of such a construction works shall be specified in the said permit.
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3.A permit to construct a new construction works and a permit to reconstruct a construction works in the territorial waters of the Republic of Lithuania and its continental shelf which is located in the international waters and in which the Republic of Lithuania has the exclusive rights shall be issued by the Government or an institution authorised by it.
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4.If a construction works is constructed within the territory of several municipalities, the director of the respective municipal administration or a civil servant of the respective municipal administration, authorised by the director, shall issue a document permitting the construction with respect to that part of the construction works which is located in the respective administration.
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5.Civil servants authorised by the institutions referred to in paragraph 17 of this Article shall give a written consent to the design documentation. When issuing a written approval with respect to the construction of a temporary construction works, the time limit of use of such a construction works shall be specified in the said permit. Written approvals shall not be required with respect to the design documentations referred to in subparagraphs 10, 11 and 12 of paragraph 1 of Article 20 of this Law, if by the court decision the demolition of construction works is organised by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment.
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6.A permit to continue the suspended construction shall be issued by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment. *7. The following documents shall be submitted for obtaining a permit to construct a new construction works:
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1)an application;
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2)design documentation and a computer medium with the design documentation recorded, or only a computer medium with the design documentation recorded, if the persons who must sign this design documentation have signed it with electronic signatures;
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3)an act on the expert examination of the design documentation (in the case when such expert examination is obligatory according to paragraph 1 of Article 29 of this Law);
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4)the consent of the co-owners of the plot of land if the plot of land belongs to them by the right of joint ownership;
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5)a decision of a competent institution on the admissibility of proposed economic activities in a chosen locality from the point of view of environmental impact, when this is obligatory in accordance with the Law on Environmental Impact Assessment of the Proposed Economic Activity;
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6)if engineering and utility networks or traffic infrastructure are planned to be laid in another plot of land (territory), also if another plot of land (territory) is planned to be temporarily used during the construction – an agreement with the owner, manager or user of this plot of land (territory);
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7)a document confirming the payment of a fee for the legalisation of the unauthorised construction, specified in annex 1 to this Law, as well as documents substantiating the amount of calculation of the said fee – in the case of unauthorised construction in respect of which an act on the unauthorised construction is drawn up; *8. The following documents shall be submitted for obtaining a permit to reconstruct a construction works:
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1)an application;
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2)the design documentation of the reconstruction and a computer medium with the recording of the design documentation of the reconstruction, or only a computer medium with the recording of the design documentation of the reconstruction, if the persons who must sign the said design documentation have signed it with electronic signatures;
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3)an act on the expert examination of the design documentation of the reconstruction (in the case when such expert examination is obligatory according to paragraph 1 of Article 29 of this Law);
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4)a file of the cadastre data of the construction works;
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5)the consent of the co-owners of the construction works;
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6)the consent of the co-owners of the plot of land if the plot of land belongs to them by the right of joint ownership;
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7)if engineering and utility networks or traffic infrastructure are planned to be laid in another plot of land (territory), also if another plot of land (territory) is planned to be temporarily used during the construction – an agreement with the owner, manager or user of this plot of land (territory);
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8)a document confirming the payment of a fee for the legalisation of the unauthorised construction, specified in annex 1 to this Law, as well as documents substantiating the amount of calculation of the said fee – in the case of unauthorised construction in respect of which an act on the unauthorised construction is drawn up;
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9.The following documents shall be submitted for obtaining a permit to renovate (modernize) a new construction works:
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1)an application;
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2)the design documentation of the renovation (modernization) and a computer medium with the recording of the said documentation, or only a computer medium with the recording of the design documentation, if the persons who must sign this design documentation have signed it with electronic signatures;
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3)a file of the cadastre data of the building;
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4)the consent of the co-owners of the building regarding the renovation (modernization) of the building, taken in accordance with the procedure for taking decisions as laid down by Article 4.75 or 4.85 of the Civil Code;
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5)the consent of the co-owners of the plot of land if the plot of land belongs to them by the right of joint ownership;
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6)if engineering and utility networks or traffic infrastructure are planned to be laid in another plot of land (territory), also if another plot of land (territory) is planned to be temporarily used during the construction – an agreement with the owner, manager or user of this plot of land (territory). *10. The following documents shall be submitted for obtaining written approvals of the design documentation of a construction works:
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1)an application;
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2)the design documentation referred to in subparagraphs 4-13 of paragraph 1 of Article 20 of this Law;
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3)a file of the cadastre data of the construction works – in the cases specified in subparagraphs 4, 7, 10, 11, 13 of paragraph 1 of Article 20 of this Law;
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4)the consent of the co-owners of the construction works;
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5)the consent of the co-owners of the plot of land, if the plot of land belongs to them by the right of joint ownership; it is not obligatory to submit the said document in the cases of the overhaul, simple repairs and demolition of the construction works;
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6)if engineering and utility networks or traffic infrastructure are planned to be laid in another plot of land (territory), also if another plot of land (territory) is planned to be temporarily used during the construction – an agreement with the owner, manager or user of this plot of land (territory);
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7)a document confirming the payment of a fee for the legalisation of the unauthorised construction, specified in annex 1 to this Law, as well as documents substantiating the amount of calculation of the said fee.
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11.Documents confirming the elimination of the causes of the suspension of the construction shall be submitted in order to obtain a permit to continue the suspended construction.
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12.Upon having registered an application for the issuing of a document permitting the construction, it shall be verified:
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1)whether or not all the documents required according to the set requirements have been submitted;
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2)whether or not a person requesting a document permitting the construction has the right to be a builder according to the requirements laid down in subparagraphs 1 and 3 of paragraph 2 of Article 3 of this Law.
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13.If not all the documents required for the issuing of a document permitting the construction have been submitted, a person who filed the application shall be informed about this not later than within three working days. Procedures relating to the issuing of a document permitting the construction shall be continued only upon the submitting of all the required documents.
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14.Once all required documents are received, the application for the issuing of a document permitting the construction, referred to in subparagraphs 1, 2, 3 of paragraph 1 of this Article, as well as all the submitted documents shall be, within two working days, published according to the procedure laid down by the Ministry of Environment in the digital form in the Republic of Lithuania information system of construction permits and the state supervision of the construction Infostatyba by a civil servant authorised by the institution issuing a document permitting the construction. During the same time limit a civil servant authorised by the institution issuing a document permitting the construction shall present in writing the information about the received application for a document permitting the construction and the received design-related documents to the directorate of the protected area (where the object gets into a state park, a strict biosphere reserve or a reserve) and to the Department of Cultural Heritage (where the object is an immovable cultural heritage property or is situated within its territory). The Ministry of Environment together with the Ministry of Culture shall laid down the procedure and cases when and to which design documentation verifying institutions the design documentation on paper is submitted.
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15.The following institutions and entities (their branches) shall, within their remit, verify in accordance with the procedure laid down by the Ministry of Environment the compliance of solutions of design documentations of the construction or reconstruction with the set requirements:
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1)the municipal administration;
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2)the Fire and Rescue Department under the Ministry of the Interior:
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3)directorates of protected areas;
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4)regional environmental protection departments;
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5)the Department of Cultural Heritage under the Ministry of Culture;
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6)the State Public Health Service under the Ministry of Health;
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7)the State Labour Inspectorate of the Republic of Lithuania;
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8)the Department for the Affairs of Disabled under the Ministry of Social Security and Labour;
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9)the Radiation Protection Centre;
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10)the State Food and Veterinary Service of the Republic of Lithuania;
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11)Customs Department under the Ministry of Finance;
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12)the Lithuanian Police Traffic Service;
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13)the State Border Guard Service under the Ministry of the Interior;
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14)the State Energy Inspectorate under the Ministry of Energy;
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15)the State Railway Inspectorate under the Ministry of Transport and Communications;
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16)an institution responsible for the maintenance of potentially dangerous equipment;
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17)owners, managers or users of engineering and utility networks and traffic infrastructure to which the engineering and utility networks or traffic infrastructure of the plot of land are connected.
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16.The conformity of solutions of the design documentation of the renovation (modernization) of a construction works to the set requirements shall be verified, within their remit, by the following:
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1)a civil servant authorised by the director of the municipal administration, performing the functions of chief municipal architect – in all cases;
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2)a civil servant authorised by the directorate of the protected area – in the case of the construction carried out in the protected area in which the directorate of the protected area is located;
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3)a representative authorised by the regional environmental protection directorate – in the case of the construction carried out in the protected area in which the directorate of the protected area is not located;
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4)a civil servant authorised by the Department of Cultural Heritage under the Ministry of Culture – if the building is a structure of cultural heritage, is located within the territory of an object of cultural heritage, within the site of cultural heritage or within the protection zones of an object of cultural heritage.
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17.The following shall give a written approval of the design documentation of a construction works:
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1)a civil servant authorised by the director of the municipal administration – in all cases;
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2)a civil servant authorised by the directorate of the protected area – in the case of the construction carried out in the protected area in which the directorate of the protected area is located;
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3)a representative authorised by the regional environmental protection directorate – in the case of the construction carried out in the protected area in which the directorate of the protected area is not located;
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4)a civil servant authorised by the Department of Cultural Heritage under the Ministry of Culture – in the case of the construction in a structure of cultural heritage, within the territory of an object of cultural heritage, within the site of cultural heritage or within their protection zones.
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18.The following time limit shall be allotted for verification of the design documentation of a construction works, calculating from the date of the publication of the design documentation in the Republic of Lithuania information system of construction permits and the state supervision of the construction Infostatyba:
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1)35 working days – to verify the design documentation of the construction and reconstruction of a construction works of exceptional significance;
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2)20 working days – to verify the design documentation of the construction or reconstruction of a construction works of non-exceptional significance;
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3)10 working days – to verify the design documentation of the renovation (modernization) of a building.
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19.The following time limit shall be allotted for .written approvals of the design documentation of a construction works, calculating from the date of submission of the design documentation for a written approval:
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1)20 working days – for the design documentation of the overhaul of a construction works of exceptional significance;
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2)10 working days – for the design documentation of the overhaul of a construction works of non-exceptional significance;
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3)5 working days – in the cases other than those specified in subparagraphs 1 and 2 of this paragraph.
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20.Documents permitting the construction, referred to in subparagraphs 1, 2 and 3 of paragraph 1 of this Article shall be issued only after the expiration of the time limit allotted for the verification of the design documentation of a construction works, provided that no disapprovals of the design documentation of the construction works have been received from by the institutions or entities (their branches) specified in paragraphs 15 and 16 of this Article within the time limit allotted for the verification of the construction works. Upon the receipt of the disapproval (disapprovals), a document permitting the construction shall not be issued, the submitted documents shall be returned to the builder (client), informing him of the reasons for refusal to issue the abovementioned document and presenting the specific comments on the design documentation of the construction works.
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Upon the re-submission in accordance with the procedure laid down by this Article the design documentation of the construction works altered pursuant to the received comments, its verification procedures shall be carried out by institutions or entities that disapproved of the design documentation of the construction works, as well as the institutions or entities within the remit of which falls the verification of other solutions of the design documentation of the construction works, which are influenced by the solutions of the altered design documentation of the construction works; in this case the procedures of verification and issuing of a document permitting the construction shall be performed within the time limits twice shorter than the ones indicated in this Article.
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21.A document permitting the construction shall be issued not later than:
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1)45 working days – for a construction works of exceptional significance in the cases specified in subparagraphs 1 and 2 of paragraph 1 of this Article;
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2)30 working days – for a construction works of non-exceptional significance in the cases specified in subparagraphs 1 and 2 of paragraph 1 of this Article;
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3)20 working days – in the case specified in subparagraph 3 of paragraph 1 of this Article;
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4)15 working days – in the case specified in subparagraph 4 of paragraph 1 of this Article;
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5)10 working days – in the cases specified in subparagraph 6 of paragraph 1 of this Article.
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22.The time limit for issuing a document permitting the construction shall be calculated from the date of the receipt of all the required documents.
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23.Procedures for issuing the document permitting the construction, referred to in subparagraph 5 of paragraph 1 of this Article, shall not be carried out and the document permitting the construction shall not be issued if:
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1)the information is received from the State Territorial Planning and Construction Inspectorate under the Ministry of Environment that fact the fact of unauthorised construction is established in the plot of land (or part of the plot of land where several persons manage the plot of land by the right of ownership or another right) in respect of which the document permitting the construction is sought, and that the consequences of the unauthorised construction have not been eliminated in accordance with the procedure laid down by legal acts. In this case only the document permitting the construction to carry out construction operations pertaining to the elimination of the consequences of the unauthorised construction may be issued;
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2)a person requesting a document permitting the construction does not have the right to be a builder according to the requirements laid down in subparagraphs 1 and 3 of paragraph 2 of Article 3 of this Law.
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24.If the document permitting the construction referred to in subparagraph 1, 2, 3 or 4 of paragraph 1 of this Article has not been issued within the set time limit and the builder (client) has not been notified about the reasons for refusal within five working days from the end of the time limit for issuing the document permitting the construction, the builder (client) has the right to apply to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment which will, in accordance with the procedure laid down by the Code of Administrative Offences, draw up reports of administrative offences in respect of the persons responsible for issuing the document permitting the construction and will send such reports to the court.
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25.Written consents referred to in subparagraph 5 of paragraph 1 of this Article shall not be mandatory if no representations in respect of the earlier constructed construction works have been made the within one year from the start of the construction to the builder or the owner of the construction works by the persons who had to issue the said consents.
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26.The content of applications requesting a document permitting the construction, the scope of the design documentation of the construction works submitted for obtaining the document permitting the construction as well as the content of documents permitting the construction shall be set out by the Ministry of Environment.
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27.Accounting and statistical reports regarding documents permitting the construction shall be handled by the institutions which issue these documents. Accounting and the list of permits to construct, reconstruct, overhaul or demolish nuclear facilities shall be handled in accordance with the procedure laid down by an institution authorised by the Government.
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28.Construction without a valid document permitting the construction, if such a document is mandatory, shall be prohibited.
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29.The document permitting the construction shall be revoked by the court’s decision:
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1)if it has been issued illegally;
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2)if a person, to whom the document permitting the construction has been issued, no longer meets the requirements referred to in paragraph 2 of Article 3 of this Law.
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30.The right to appeal to the court regarding revocation of the document permitting the construction shall be enjoyed by the persons whose rights and legitimate interests are violated, as well as, within the respective remit, by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment or institutions of the state supervision of the safety and purpose of a construction works on the grounds of complaints or reports of the said persons or on their own initiative; if the public interest has been violated, the abovementioned institutions shall have the right to apply to a prosecutor’s office for the safeguarding of the public interest. The persons who have illegally approved of the issuing of the documents permitting the construction shall be named respondents in the lawsuits pertaining to the revocation of the illegally issued documents permitting the construction.
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31.Builders (clients) shall have the right to file applications requesting the documents permitting the construction specified in subparagraphs 1, 2, 3, 4 and 6 of paragraph 1 of this Article, by using the Republic of Lithuania information system of construction permits and the state supervision of the construction Infostatyba“.
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32.Persons who must verify the design documentation of a construction works (to give a written approval) and who are authorised to issue a document permitting the construction shall be held liable for violations of the procedure for issuing documents permitting the construction. The damage caused because of the illegally issued document permitting the construction shall be compensated in accordance with the procedure laid down by the law.
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33.The builder (client) shall have the right to appeal against the refusal to issue a document permitting the construction. Subjects whose representatives disapproved of the issuing of a document permitting the construction shall be named as respondents in such lawsuits.
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34.A permit to construct, reconstruct, overhaul or demolish nuclear facilities shall be issued in accordance with the procedure laid down by the Government or an institution authorized by it.
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Version of paragraph 34 as of 1 January 2011:
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34.A permit to construct, reconstruct, overhaul or demolish construction works of a nuclear facility shall be issued in accordance with the procedure laid down by the Law on Nuclear Energy.
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35.The construction of a structure of cultural heritage, a construction works in the territory of an object of cultural heritage, on the site of cultural heritage, in the area of conservational protection priority, in the complex protected area or the coastal strip shall be carried out in compliance with the Law on Protection of Immovable Cultural Heritage, the Law on Protected Areas, the Law on Coastal Strip.
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36.A document permitting the construction for the performance of maintenance operations in respect of a cultural heritage property, taking into consideration the type of construction, shall be issued in accordance with the procedure laid down by this Law. If construction operations related to the maintenance are not provided for in the design documentation of maintenance operations, a permit to carry out maintenance operations of a cultural heritage property shall be issued in accordance with the procedure laid down by the Law on Protection of Immovable Cultural Property. *Note. The provisions of paragraphs 7, 8 and 10 of Article 23 concerning the fees specified in Annex 1 to the Law of the Republic of Lithuania on Construction shall enter into force as of 1 January 2013.
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Article 231Repealed as of 1 October 2010
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Article 24Completion of the Construction
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1.Upon the completion of the construction of a new construction works, reconstruction of a construction works, renovation (modernization) of an apartment house or a non-residential building, a construction completion act shall be drawn up in accordance with the procedure laid down by the Ministry of Environment. In the case of the construction of a house of one or two apartments or a simple construction works as well as in the cases of the reconstruction of these construction works, a construction completion act shall not be drawn up.
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Revision of paragraph 1 as of 1 October 2011 1. Upon the completion of the construction of a new construction works, reconstruction of a construction works, renovation (modernization) of an apartment house or a non-residential building, a construction completion act shall be drawn up in accordance with the procedure laid down by the Ministry of Environment. In the case of the construction of a house of one or two apartments or a simple construction works as well as in the cases of the reconstruction of these construction works, a construction completion act shall not be drawn up. The procedure of and requirements for the completion of the construction of construction works of nuclear facilities shall be laid down by the institution authorised by the Government after consultation with the State Nuclear Power Safety Inspectorate.
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2.Upon the completion of the overhaul of a construction works, changing of the purpose of a construction works (rooms) or renovation (modernization) of a house of one or two apartments, the State Territorial Planning and Construction Inspectorate under the Ministry of Environment shall be presented with a construction completion declaration of the builder (client) the content of which is set out by the Ministry of Environment. In the cases of the construction of a new house of one or two apartments or a simple construction works as well as the reconstruction of these construction works, a construction completion declaration shall, in accordance with the procedure laid down by the Ministry of Environment, be approved by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment, and in the area of conservational protection priority, in the complex protected areas and in their protection zones the declaration shall be approved also by an institution which, within its remit, is responsible for the protection of the said areas.
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3.The requirements of paragraph 2 of this Article shall not be obligatory in the case of the construction of simple construction works as well as in the case of simple repairs of a construction works and may be fulfilled if the builder (client) wishes so.
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4.Until the entering of a construction works on the Real Property Register, the validity of a construction completion declaration may be revoked by the builder or the court; after the entering of the construction works on the Real Property Register - by the court.
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5.The validity of an illegally issued construction completion act shall be revoked by the court. The validity of a construction completion act in which only technical-type errors, specified in the Law on Public Administration, are made shall be revoked by the State territorial Planning and Construction Inspectorate under the Ministry of Environment until the entering of the construction works on the Real Property Register; the abovementioned validity shall be revoked only by the court after the entering of the construction works on the Real Property Register.
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6.The right to appeal to the court regarding the revocation of the validity of a construction completion act or a construction completion declaration shall be enjoyed by the persons concerned; on the grounds of complaints or reports of the said persons or on its own initiative – by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment, the Department of Cultural Heritage under the Ministry of Culture, directorates of protected areas or institutions of the state supervision of the safety and purpose of a construction works within the respective remit.
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CHAPTER SEVEN AN ACCIDENT OF A CONSTRUCTION WORKS
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Article 25An accident of a construction works
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1.An accident of a construction works (hereinafter referred to as an “accident”) shall be uncontrollable collapse of a construction works or part thereof, elements of structures, partitions or supports, as well as land slips in slopes, construction excavations or earthworks limiting the foundations of the construction works. The definition of accidents related to equipment shall be formulated by institutions authorised by the Government which establish requirements for concrete equipment.
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2.When an accident takes place during the construction, reconstruction, repair or demolition of a construction works, the construction contractor (in the case of self-dependent construction - the builder (client)), and when an accident related to a construction works which is being used takes place – a user of this construction works and (or) a technical supervisor of this construction works must forthwith:
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1)organise and render aid to the victims;
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2)resort to urgent preventive measures to avoid any further consequences of the accident;
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3)if there are the victims, inform a law-enforcement body about the accident;
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4)ensure the protection of the area of the accident from impacts that may interfere with investigation of the causes of such accident;
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5)notify about the accident the director of the municipal administration (a civil servant of the municipal administration authorised by him), the State Territorial Planning and Construction Directorate under the Ministry of Environment, a public administration entity which carries out the supervision of the use of a construction works; if the accident occurred during the construction – also notify the builder (client), the manager of the technical supervision of the construction of a construction works and the designer of a construction works. If an accident occurs in a structure of cultural heritage, within the territory of an object of cultural heritage, an institution responsible for the protection of immovable cultural heritage must also be notified about such accident; and should an accident due to which the environment is polluted (or may be polluted), takes place – an institution responsible for the environmental protection;
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6)if an accident occurred due to the accident of energy or potentially dangerous equipment or if because of the accident of the construction works such equipment have been broken, appropriate State supervision and control institutions must also be notified about this, and in the event of the accident of nuclear facilities – also the State Nuclear Safety Inspectorate;
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7)describe the status of a construction works after the accident, the changes in the construction works and location of occurrence of such changes.
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3.The procedure for investigation and management of an accident shall be established by an institution authorised by the Government (regarding accidents related to the equipment - state supervisory bodies within their remit).
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CHAPTER EIGHT STATE REGULATION OF CONSTRUCTION. SUPERVISION OF CONSTRUCTION
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Article 26State regulation of construction
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The state regulation of construction shall be exercised by the Government.
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Article 27State supervision of construction
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1.State supervision of construction shall be exercised by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment.
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2.State supervision of the construction of nuclear facilities shall be exercised in accordance with the procedure laid down by the Law on Nuclear Energy.
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Version of paragraph 2 as of 1 October 2011:
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2.State supervision of the construction of construction works of nuclear facilities shall be exercised in accordance with the procedure laid down by the Law on Nuclear Energy.
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3.The State Territorial Planning and Construction Inspectorate under the Ministry of Environment shall:
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1)check whether or not documents permitting the construction are issued legally;
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2)check the legality of the construction of all construction works of exceptional significance which are newly constructed and reconstructed; in other cases it shall check the legality of the construction for choice;
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3)suspend the construction in the cases provided for in this Law;
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4)carry out the prevention of unauthorised construction as well as the elimination of consequences;
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5)in the cases specified by the Code of Administrative Offences, draw up reports of administrative offences, consider cases of administrative offences or present these cases to the court;
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6)apply in regard to the revocation of administrative decisions concerning the construction process to the entities that have taken such decisions, or appeal to the court;
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7)if the construction is not unauthorised or is not carried out in accordance with the illegally issued document permitting the construction, obligate the builder (client) to change within the set time limit pursuant to the requirements the design documentation of the construction works or to address other shortcomings with regard to the design-related documents, or to carry out necessary construction operations so that the construction works (its parts) would be in compliance with the solutions of the design documentation; if the builder (client) fails to fulfil this obligation, the Inspectorate shall appeal to the court regarding the fulfilment thereof;
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8)set up investigation commissions of accidents in construction works which are being constructed;
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9)issue certificates indicating that a construction works is being constructed without essential deviations from the design documentation;
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10)within its remit, draw up construction completion acts;
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11)issue certificates to continue suspended construction;
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12)issue certificates to carry out conservation operations of a construction works;
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13)issue certificates about the demolition of a construction works;
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14)issue certificates about the legality of the change of the purpose of a construction works or rooms;
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15)within its remit, issue copies of archival documents;
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16)perform other functions specified by legal acts.
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4.Officials exercising the state supervision of construction shall have the right:
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1)to enter unhindered construction sites, construction works which are being constructed;
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2)to request from construction participants so that they produce all construction-related documents, written or oral explanations;
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3)to apply to the police when participants of construction prevent officials of the state supervision of construction from performing their official functions;
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4)wear a uniform of the established model.
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5.Officials of the State Territorial Planning and Construction Inspectorate under the Ministry of Environment, who exercise the state supervision of construction, must undergo certification in accordance with the procedure laid down by the Ministry of Environment. The validity of the issued certificates may be cancelled in accordance with the procedure laid down by the Ministry of Environment upon establishing that:
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1)for the purpose of obtaining a certificate, incorrect or false data have been provided;
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2)the certificate has been issued illegally;
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3)the qualification of the official does not longer satisfy the qualification requirements;
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4)the administrative decision conferring an individual right adopted by the official has been repealed by the court decision as being unlawful.
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6.Administrative decisions taken illegally by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment or its administrative units shall, in the administrative manner, be repealed by the chief of the State Planning and Construction Inspectorate under the Ministry of Environment or by the court, while administrative decisions conferring an individual right shall be repealed only by the court.
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7.The State Territorial Planning and Construction Inspectorate under the Ministry of Environment within its remit shall not consider complaints and reports, if the matters contained in the complaint or report are considered at the court or a court decision has been taken on these matters. Complaints and reports concerning administrative decisions related to the construction process, which are taken illegally by administrative entities, shall not be considered by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment within its remit, if more than one year has elapsed from the taking of these decisions.
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8.In the case specified in subparagraph 7 of paragraph 3 of this Article or in the case of appealing to the court by the persons whose rights and legitimate interests are being violated, the court decides to obligate the builder (customer) to perform the required construction operations within the set time limit so that a construction works (or part thereof) complies with the solutions of the design documentation of the construction works.
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9.The procedure of the state supervision of construction shall be established by the law.
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10.Officials who exercise the state supervision of construction shall be held liable in accordance with the procedure laid down by legal acts for violations of this supervision.
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Article 28Elimination of consequences of unauthorised construction
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1.An official of the State Territorial Planning and Construction Inspectorate under the Ministry of Environment who performs the state supervision of construction within the remit assigned to him under this Law, upon finding that a construction works has been constructed or under construction without authorisation shall:
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1)immediately draw up an act on the unauthorised construction by which he demands from the builder (client) or in his absence – from the owner, manager, user of the construction works or its part, from the owner, manager or user of a plot of land or part thereof on which the construction works (its part) has been constructed or is being constructed without authorisation to discontinue construction operations other than the construction operations to be carried out to eliminate the consequences of unauthorised construction and to protect the construction site and the environment, and shall, by a registered letter or in any other appropriate manner in accordance with the procedure laid down by legal acts, communicate to the builder (client) or to any other person referred to in this subparagraph the unauthorised construction report against the signature;
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2)draw up a report of administrative offences in accordance with the procedure laid down by the Code on Administrative Offences and examine an administrative offence case regarding the imposition of an administrative fine, or send this report to the court;
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3)not later than within three working days from the drawing-up of an act on the unauthorised construction, submit it to the chief of the State Territorial Planning and Construction Inspectorate under the Ministry of Environment or the head of an administrative unit authorised by him.
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2.The State Territorial Planning and Construction Inspectorate under the Ministry of Environment shall, within the remit assigned to it under this Law, consider the fact of unauthorised construction and shall, not later than within a month of the drawing-up of an act on the unauthorised construction, demand from the builder (client) or any other person referred to in subparagraph 1 of paragraph 1 of this Article to eliminate with his own funds the consequences of unauthorised construction:
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1)to demolish the construction works and to clear the construction site;
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2)to disassemble those parts of the construction works which were reconstructed or rearranged without authorisation and, if necessary, to clear the construction site;
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3)to rebuild (to restore) the demolished structure of cultural heritage (part thereof) or the construction works (part thereof) demolition of which has violated the public interest and, if necessary, to clear the construction site.
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3.For fulfilment of the requirements specified in paragraph 2 of this Article a-six-month time limit shall be set out, indicating in the requirement that in the cases referred to in subparagraphs 1 and 2 of paragraph 2 of this Article a person shall have the right to apply to the entities issuing documents permitting the construction, referred to in Article 23 of this Law, with regard to the issuing of a document permitting the construction in accordance with the procedure laid down by this Law and other legal acts. The State Territorial Planning and Construction Inspectorate under the Ministry of Environment may, in the presence of valid reasons, extend at the person’s request the abovementioned time limit by three months. A person may appeal to the court with regard to the extension of the time limit for the fulfilment of the requirement or with regard to the refusal to extend the said time limit. Valid reasons shall be the reasons relating to the procedures (performed in order to legitimize the unauthorised construction in accordance with the provisions of paragraph 4 of this Article – the change of the design-related documents and the receipt or rearrangement of other required documents) the duration of which cannot by influenced by the person. *4. The person to whom the requirements specified in subparagraphs 1 or 2 of paragraph 2 of this Article have been presented shall enjoy the right to prepare design-related documents in accordance with the procedure laid down by legal acts and, upon the payment of the fee, fixed in Annex 1 to this Law, for the legalisation of the unauthorised construction, to receive a document permitting the construction in the cases where in the plot of land (territory) in which the unauthorised construction is established the construction of a new construction works of that purpose are possible or where such reconstruction or repair operations of the construction works are possible pursuant to the valid detailed territorial planning documents or other territorial planning documents equated to them by laws (if such documents are mandatory) as well as to general or special territorial planning documents and where such construction is in compliance with the peremptory requirements of legal acts related to environmental protection, heritage protection, protection of protected areas. A fee for the legalisation of unauthorised construction shall not be paid in the case of the receipt of the document permitting the construction as specified in subparagraph 5 of paragraph 1 of Article 23 of this Law.
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5.If a person receives a document permitting the construction within the time limit set for the fulfilment of the requirement, he shall submit a copy of this document, certified in accordance with the procedure laid down by legal acts to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment which will not alter than within three working days revoke the requirement presented to the person.
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6.If within the time limit set for the fulfilment of the requirement a person fails to fulfil the requirement indicated in paragraph 2 of this Article or fails to obtain a document permitting the construction, the State Territorial Planning and Construction Inspectorate under the Ministry of Environment appeal to the court with regard to the obligation to fulfil the requirement not later than within one month from the expiry of the time limit. Persons whose rights and legitimate interests are violated because of the unauthorised construction shall be entitled to appeal to the court with regard to the demolition or disassembly of the construction works which has been constructed or is being constructed without authorisation. *7. The court may, by its decision, obligate the builder (client) or any other person specified in subparagraph 1 of paragraph 1 of this Article to do the following at his own expense and within the set time limit:
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1)to permit to prepare design-related documents in accordance with the procedure laid down by legal acts and within the set time limit and, upon the payment of the fee, fixed in Annex 1 to this Law, for the legalization of the unauthorised construction, with the exception of the document permitting the construction referred to in subparagraph 5 of paragraph 1 of Article 23 of this Law, to receive a document permitting the construction in the cases where in the plot of land (territory) in which the unauthorised construction is established the construction of a new construction works of that purpose are possible or where such reconstruction or overhaul operations of the construction works are possible pursuant to the valid detailed territorial planning documents or other territorial planning documents equated to them by laws (if such documents are mandatory) as well as to general or special territorial planning documents and where such construction is in compliance with the peremptory requirements of legal acts related to environmental protection, heritage protection, protection of protected areas; or
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2)to demolish the construction works and to clear the construction site;
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3)to disassemble those parts of the construction works which were reconstructed or rearranged without authorisation and, if necessary, to clear the construction site;
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4)to rebuild (to restore) the demolished structure of cultural heritage (part thereof) or the construction works (part thereof) the demolition of which has violated the public interest and, if necessary, to clear the construction site.
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8.The court, in deciding whether to obligate the builder (customer) or any other person referred to in subparagraph 1 of paragraph 1 of this Article to demolish the construction works to not to demolish it, shall take into account the scope of the consequences to the environment and the public interest caused by the unauthorised construction, the outcome of elimination of the consequences of the unauthorised construction and the possibilities to restore to the former state which existed before the unauthorised construction, as well as shall assess the good faith of the persons who have acquired the ownership rights on the basis of administrative acts.
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9.When taking one of the decisions specified in paragraph 7 of this Article, the court shall in its decision indicate that if a court’s requirement is not fulfilled within the set time limit, the construction works or a part of it, which has been constructed without authorisation, will be demolished, dismantled or restored to the former state at the expense of the builder (client) or any other person referred to subparagraph 1 of paragraph 1 of this Article.
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10.The manner of carrying out the procedures related to the elimination of the consequences of the unauthorised construction shall be laid down by the Ministry of Environment.
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11.Construction products and construction waste which are left after the demolition, dismantling of the construction works (parts thereof) which have been constructed or are being constructed without authorisation or upon having rebuilt (restored) them to the former state shall be the property of the builder (client) or any other person referred to in subparagraph 1 of paragraph 1 of this Article. *Note. The provisions of paragraphs 4 and 7 of Article 28 concerning the fees specified in Annex 1 to the Law of the Republic of Lithuania on Construction shall enter into force as of 1 January 2013.
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Article 281Elimination of consequences of construction carried out pursuant to the illegally issued document permitting the construction
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1.Upon establishing that the document permitting the construction has been issued illegally, the State Territorial Planning and Construction Inspectorate under the ministry of Environment or other persons whose rights and legitimate interests are violated shall appeal to:
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1)a court of general competence - for the recognition of the document permitting the construction as invalid or the elimination of consequences of the construction if the construction has been started;
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2)to an administrative court if the construction has not been started and only the document permitting the construction is contested in the court;
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2.If by its decision the court recognises the document permitting the construction as invalid, it shall by its decision:
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1)to obligate the builder (client) or any other person referred to in subparagraph 1 of paragraph 1 of Article 28 of this Law to demolish the construction works and to clean the construction site within the set time limit at the expense of the persons defined by the court as guilty;
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2)to obligate the builder (client) or any other person referred to in subparagraph 1 of paragraph 1 of Article 28 of this Law within the set time limit at the expense of the persons defined by the court as guilty to dismantle the restructured or reconstructed parts of the construction works or to rebuilt (restore) to the former state the structure of cultural heritage (part thereof) or the construction works (part thereof) the demolition of which has violated the public interest;
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3)to permit, if the new document permitting the construction is received within the set time limit pursuant to the properly rearranged design-related documents, to rebuild or reconstruct the construction works or its part where such rebuilding or reconstruction of the construction works is possible pursuant to the valid detailed territorial planning documents or other territorial planning documents equated to them by laws (if such documents are mandatory) as well as to general or special territorial planning documents and where such construction is in compliance with the peremptory requirements of legal acts related to environmental protection, heritage protection, protection of protected areas; if the abovementioned operations are not carried out within the set time limit - to fulfil the requirements specified in subparagraph 1 or 2 of this paragraph;
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4)to obligate the competent authorities, within the set time limit pursuant to the design-related documents properly rearranged (if necessary) by the builder (client) or any other person referred to in subparagraph 1 of paragraph 1 of Article 28 of this Law, provided that the construction of the construction works does not violate the valid detailed territorial planning documents or other territorial planning documents equated to them by laws (if such documents are mandatory) as well as the solutions of general or special territorial planning documents and that such construction is in compliance with the peremptory requirements of legal acts related to environmental protection, heritage protection, protection of protected areas, to issue a new document permitting the construction in the case where the document permitting the construction has been issued illegally due to the procedures performed illegally by the competent authorities.
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3.The court, in deciding whether to obligate the builder (customer) or any other person referred to in subparagraph 1 of paragraph 1 of Article 28 of this Law to demolish the construction works to not to demolish it, shall take into account the scope of the consequences to the environment and the public interest caused by the unauthorised construction, the outcome of elimination of the consequences of the unauthorised construction and the possibilities to restore the former state that existed before the unauthorised construction, as well as shall assess the good faith of the persons who have acquired the ownership rights on the basis of administrative acts.
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4.When taking one of the decisions specified in paragraph 2 of this Article, the court shall in its decision indicate that if the court’s requirement is not fulfilled within the set time limit, the construction works or a part of it, which has been constructed pursuant to illegally issued document permitting the construction, will be demolished, dismantled or restored to the former state at the expense of the builder (client) or any other person referred to subparagraph 1 of paragraph 1 of Article 28 of this Law.
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5.Copies, certified in accordance with the procedure laid down by legal acts, of the documents permitting the construction, referred to in subparagraph 3 of paragraph 2 of this Article, received within the time limit set out by the court’s decision, the persons to who the said documents have been issued shall, not later than within three working days of the receipt of these documents, submit to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment.
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6.Upon establishing that the construction works (part thereof), which is to be demolished or rebuilt to the former state, belongs to the builder (client) who is not guilty in being illegally issued the document permitting the construction or to the honest acquirer, the court shall, at the request of such a person, also consider an issue of indemnification in accordance with the procedure laid down by the law.
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7.Construction products and construction waste which are left after having demolished, dismantled or rebuilt (restored) to the former state the construction works (parts thereof) which have been constructed pursuant to the illegally issued documents permitting the construction shall be the property of the persons referred to in subparagraph 1 of paragraph 1 of Article 28 of this Law.
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8.The manner of carrying out the procedures related to the elimination of the consequences of the construction pursuant to illegally issued documents permitting the construction shall be laid down by the Ministry of Environment.
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Article 29Expert Examination of the Design Documentation of a Construction Works. Expert Examination of a Construction Works
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1.The expert examination of a construction works of exceptional significance or a construction works included in the State Investments Programme shall be obligatory, With the exception of the cases where buildings are renovated (modernized) in compliance with the typical design documentations of construction works approved by the Ministry of Environment or an institution authorised by it, which are tailored to particular buildings which are being renovated (modernized), or in compliance with design documentations prepared by using typical structural members approved by the Ministry of Environment or an institution authorised by it. An institution authorised by the Government in conjunction with the Ministry of Culture shall determine whether or not expert examination of the design documentations of a structure of cultural heritage is mandatory. Other cases of obligation of expert examination of the design documentation or individual parts of the design documentation shall be defined by an institution authorised by the Government.
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2.Expert examination of the design documentation of the construction works specified in paragraph 1 of this Article shall be carried out in the cases of the construction of new construction works, reconstruction and overhaul of construction works.
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3.The following shall have the right to carry out expert examination of the design documentation of a construction works or expert examination of a construction works (to be a contractor of expert examination):
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1)a legal person established in the Republic of Lithuania, a branch of a legal person, a legal person established in a foreign state, except the Member States of the European Union, the Swiss Confederation and the states of the European Economic Area, any other foreign organisation, a branch established in the Republic of Lithuania or a foreign state, except the Member States of the European Union, the Swiss Confederation and the states of the European Economic Area, by a legal person which is established in a foreign state – upon having obtained a certificate for an appropriate activity by an institution authorised by the Government;
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2)a legal person established in a Member State of the European Union, except the Republic of Lithuania, in the Swiss Confederation or a state of the European Economic Area and the branches established by it in the Member States of the European Union, the Swiss Confederation and the states of the European Economic Area, the branches of a legal person established in a foreign state, except in the Member States of the European Union, the Swiss Confederation and the states of the European Economic Area, which are established in the Member States of the European Union, the Swiss Confederation and the states of the European Economic Area – if according to the legal acts of the state of establishment they have the right to carry out an expert examination of the design documentation or a construction works, upon having produced the documents confirming this right, which are recognised in the Republic of Lithuania in the manner prescribed by an institution authorised by the Government.
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Version of paragraph 3 as of 1 January 2012:
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3.The following shall have the right to be a contractor of an expert examination of the design documentation of a construction works or an expert examination of a construction works:
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1)legal persons established in the Republic of Lithuania in the prescribed manner, other foreign organisations and their branches;
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2)legal persons established in a Member State of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, other foreign organisations, branches of the legal person or any other foreign organisation upon the recognition of the right, enjoyed in their home state, to hold this position.
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4.Repealed as of 19 May 2007.
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5.Expert examination shall be made at the request of public administration entities which exercise the state supervision of construction or the supervision of use of construction works, only when:
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1)an accident related to a construction works has occurred or its threat has been identified, or deformations of a construction works have been noticed;
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2)a complaint of the builder (client) or the user of a construction works has been received that the construction works does not meet the essential requirements referred to in paragraph 1 of Article 4 of this Law, or when there are presumptions that the said requirements have been infringed during natural disasters or other emergency situations.
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6.Types of expert examination of the design documentation of a construction works as well as of the construction works itself and the procedure for carrying out it shall be laid down by an institution authorised by the Government, while the procedure of expert examination of the design documentation of construction operations related to maintenance of a structure of cultural heritage – by an institution authorised by the Government in conjunction with the Ministry of Culture.
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Article 29 shall be supplemented with paragraphs 7 and 8 as of 1 January 2012:
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7.Qualification requirements applied to legal persons, other foreign organisations and their branches specified in paragraph 3 of this Article, the procedure for issuing, changing, suspending, revoking the suspension of and withdrawing qualification certificates and documents pertaining to the recognition the right enjoyed in the home state shall be laid down by the institution authorised by the Government in compliance with the requirements set out in Article 181 of this Law. Certification and recognition of the right shall be carried out by the state enterprise Certification Centre of Building Products.
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8.Qualification requirements applied to contractors of an expert examination of the design documentation of construction works of nuclear facilities and contractors of an expert examination of a construction works, the procedure for issuing, changing, suspending, revoking the suspension of and withdrawing qualification certificates and documents pertaining to the recognition the right enjoyed in the home state shall, after consultation with the State Nuclear Power Safety Inspectorate, be laid down by the institution authorised by the Government in compliance with the requirements set out in Article 181 of this Law. Certification and recognition of the right shall be carried out by the institution authorised by the Government.
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Article 30Technical supervision of the construction of a construction works
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1.Technical supervision of construction shall be mandatory for all construction works, except simple construction works. Such requirement shall not apply when carrying out simple repairs of a construction works.
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2.The procedure for carrying out technical supervision of construction shall be established by an institution authorised by the Government.
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Article 31Supervision of the implementation of the design documentation of a construction works
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1.When building, reconstructing, overhauling a construction works of exceptional significance or a construction works in the protected area, the supervision of the implementation of its design documentation shall be mandatory, with the exception of the cases when buildings are renovated (modernized) pursuant to typical design documentations of construction works, approved by the Ministry of Environment or an institution authorised by it, which are tailored to specific buildings which are being renovated (modernized).
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2.The builder (client) shall have the right to task the designer with supervision of the implementation of the design documentation of a construction works and technical supervision of the construction of a construction works.
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3.Supervision of the implementation of the design documentation of a construction works (during the construction) shall, upon the instruction of a designer, be exercised by a preparator of the design documentation of a construction works in accordance with the agreement between the builder (client) and the designer. By a written consent of the designer or in the absence of such designer (the design enterprise which prepared the design documentation of a construction works has ceased its operation, the designer - a natural person does not longer engage in design activities, or he does not have a business certificate for such activities, or a certificate of the head of the design of a construction works, or he is dead), supervision of the implementation of the design documentation may be exercised by another designer of a construction works chosen by the builder (client). If the designer does not carry out or violates the requirements of the supervision of the implementation of the design documentation of a construction works (established by an institution authorised by the Government), the builder (client) shall enjoy the right to terminate an agreement on supervision of the implementation of the design documentation of the construction works or to choose another designer (who has not designed the construction works which is being constructed) for carrying out such supervision.
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4.The head of the supervision of the implementation of the design documentation of a construction works shall be hired (appointed) by the builder (client) or the designer (the very person who has appointed or hired the head of the design of the construction works).
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5.The procedure for supervision of the implementation of the design documentation of a construction works shall be established by an institution authorised by the Government, and when maintenance of a structure of cultural heritage or construction of a construction works is carried out within the territory of the object of cultural heritage - by an institution authorised by the Government in conjunction with the Ministry of Culture.
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Article 32Publicizing the commencement of building of construction works important for the public and consequences of such publicizing
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1.The builder (client) must inform the public about the commencement of the design of construction works important for the public. The list of such construction works (indicating the purpose of construction works) and the procedure of publicizing shall be established by an institution authorised by the Government.
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2.Repealed as of 1 January 2010.
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Article 33Suspension of the construction of a construction works
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1.The State Territorial Planning and Construction Inspectorate under the Ministry of Environment shall have the right to suspend the construction of a construction works on its own initiative or when it is requested by:
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1)the director of the administration of a municipality;
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2)a representative of the Government;
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3)an institution of the state supervision of safety and purpose requirements for a construction works (unless it has been granted by laws and other legal acts the right to suspend construction or demolition of a construction works);
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4)a builder (client);
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5)a designer of a construction works who exercises the supervision of the implementation of the design documentation of a construction works;
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6)a technical supervisor of the construction of a construction works.
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2.The State Territorial Planning and Construction Inspectorate under the Ministry of Environment shall have the right to suspend the construction of a construction works (by indicating a time limit of suspension of construction or demolition) when:
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1)repealed as of 1 October 2010;
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2)it has been established that the builder (client) or the contractor has violated the solutions of the design documentation of the construction works, as well as the requirements of normative technical construction documents and normative construction works safety and purpose documents;
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3)the mistakes of the design documentation of the construction works have come to light, which led to a threat of an accident related to the construction works;
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4)a construction permit becomes invalid.
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3.An official of the State Territorial Planning and Construction Inspectorate under the Ministry of Environment who has suspended the construction of a construction works shall draw up an act indicating the volume of construction operations carried out. The form of an act and the procedure for drawing it up shall be laid down the Ministry of Environment. Upon suspension of the construction, the builder (client) may apply to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment with a request to issue a permit to carry out conservation operations of the construction works by submitting the design documentation of the conservation of the construction works the composition of which is laid down by the Ministry of Environment. A permit to carry out conservation operations of a construction works shall be issued upon checking the compliance of the design documentation of the conservation of the construction works with the set requirements.
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4.The builder (client) must eliminate the violations specified in paragraph 2 of this Article as well as their consequences and obtain a permit to continue the construction of the construction works. If the requirements referred to in this Article are not fulfilled, the State Territorial Planning and Construction Inspectorate under the Ministry of Environment shall appeal to the court.
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5.In the event of unauthorised construction, construction suspension procedures shall be performed in accordance with the procedure laid down by Article 28 of this Law.
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Article 34Transfer of a Construction Works the Construction, Reconstruction or Overhaul of Which Has not Been Completed
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1.An agreement for transfer of a construction works which is not completely constructed, reconstructed or overhauled to any other legal or natural person may be notarised only upon providing a certificate issued by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment to the effect that the said construction works is being constructed, reconstructed or overhauled without any essential deviations from the design documentation of the construction works (in the case of construction works for which approval of the design documentation is mandatory - from the approved design documentation), and where structures of cultural heritage are transferred – a certificate containing the same information and issued by the institution responsible for the protection of immovable cultural heritage.
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2.All the rights and obligations of the builder (client) who has obtained a construction permit shall become vested in any legal or natural person who has acquired the construction works which is not completely constructed, reconstructed or overhauled only upon the re-registration of the said permit in the name of the person who has acquired the construction works.
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3.In order to reregister a construction permit, a legal or natural person who has acquired a construction works must submit to the director of the municipal administration (a civil servant of the municipal administration authorised by him) the documents referred to in subparagraphs 2, 3, 8, 9 of paragraph 6 of Article 23 of this Law (other documents specified in this paragraph must be submitted only in the event when the design documentation of the construction works is revised), and the contract related to the transfer of the construction works specified in paragraph 1 of this Article.
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4.When a part of a construction works which is not completely constructed, reconstructed or overhauled is being transferred, a construction permit shall not be reregistered. The owner of a transferred part shall acquire the builder's (client's) rights and obligations to continue the operations provided for in the design documentation of the construction works in that part of the construction works which has been transferred to him.
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SECTION NINE DEMOLITION OF A CONSTRUCTION WORKS
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Article 35Demolition of a construction works
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1.A completed construction works or a construction works which is not completely constructed (except structures of cultural heritage) shall be demolished in the following cases:
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1)at owner’s will;
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2)when so provided for in territorial planning documents (after the plot of land or part thereof or the construction works has been taken for public needs) - within the time limit set by decision of the municipal council;
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3)upon expiry of a term for the use of a temporary construction works;
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4)when a construction works or a part thereof is physically worn out and pose threat to people and the environment, and such a threat has not been eliminated within the time limit fixed by public administration entities carrying out the supervision of the use of construction works;
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5)when a construction works is constructed or being constructed without authorisation - within the time limit set out by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment;
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6)in other cases provided for in the Civil Code and other laws;
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7)by the court’s decision within the time limit set out in the court's decision.
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2.If in the cases laid down in subparagraphs 2, 3, 4, 5, and 6 of paragraph 1 of this Article, the owner of a construction works has not demolished a construction works within the set time limit, a decision on demolition or non-demolition of it shall be made by the court. The right to appeal to the court shall be enjoyed by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment in the cases specified in subparagraphs 5 and 6 of paragraph 1 of this Article, the director of the municipal administration (a civil servant of the municipal administration authorised by him) in the case specified in subparagraph 2 of paragraph 1 of this Article as well as the public administration entities carrying out the supervision of use of construction works in the cases specified in subparagraphs 3 and 4 of paragraph 1 of this Article.
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SECTION TEN WARRANTY PERIOD OF A CONSTRUCTION WORKS
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Article 36
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Warranty period of a construction works. Obligations of a designer, contractor and technical supervisor of the construction of a construction works during the warranty period 1. The warranty period of a construction works shall be fixed in contracts, contracts related to design and technical supervision of the construction of a construction works. This period may not be shorter (counting from the date of the acceptance of the construction works as fit for use) than five years, for hidden structural members (structures, pipelines, etc.) – ten years, and if defects, which were deliberately hidden in these structures, have been established - twenty years.
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2.The designer, the contractor of a construction works and the technical supervisor of the construction of a construction works shall be liable for collapse of the construction works or the defects established during a warranty period in accordance with the procedure established by the Civil Code.
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3.The warranty period shall be suspended for such length of time during which the construction works cannot be used due to the established defects for which the contractor is liable.
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4.The warranty period of construction products and equipment which are not related to the requirements of paragraph 1 of Article 4 of this Law (except those which are in hidden structures of a construction works) shall be set in documents issued by the supplier.
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SECTION ELEVEN INSURANCE AGAINST CIVIL LIABILITY OF THE DESIGNER AND THE CONTRACTOR OF A construction works
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Article 37Subject matter of insurance and insurance contracts
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1.Civil liability of the designer and the contractor of a construction works shall be insured with compulsory insurance, regardless of the sources of design and construction financing, a type of the ownership of a construction works, and the legal status of the designer, the contractor and the builder (client).
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2.The subject matter of insurance shall be civil liability of the designer and the contractor of a construction works for the damage caused to the builder (client) and the third parties. Insurance of civil liability of the designer and the contractor of a construction works shall comprise the insurance of civil liability of their subcontractors.
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3.When the builder (client) does not conclude a design contract with a designer for the preparation of the design documentation of a construction works of a whole construction works, but concludes contracts with different designers for the preparation of separate parts of the design documentation of a construction works, civil liability of each designer shall be insured separately.
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4.When the builder (client) does not conclude a contract with the contractor for carrying out all construction operations, but concludes contracts with different contractors to carry out separate construction operations, civil liability of each contractor shall be insured separately.
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5.Parties to the insurance contract shall be a police holder (designer or contractor of a construction works) and an insurer (insurance undertaking which holds the authorisation of the Insurance Supervisory Commission of the Republic of Lithuania allowing to perform compulsory insurance against civil liability of the designer and contractor. This authorisation shall be issued in accordance with the procedure laid down by the Insurance Supervisory Commission of the Republic of Lithuania).
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6.When designing and constructing simple construction works and carrying out simple repairs of a construction works, it shall not be obligatory to take out compulsory insurance against civil liability of the designer and the contractor of a construction works. Natural persons, legal persons ought not to take out compulsory insurance in the case of self-dependent construction.
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7.Periods of validity of insurance shall be set in the rules of compulsory insurance against civil liability of a designer of a construction works and the rules of compulsory insurance against civil liability of a contractor, approved by the Insurance Supervisory Commission of the Republic of Lithuania.
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8.Contracts of compulsory insurance against civil liability of the designer and the contractor shall be concluded in accordance with the rules of compulsory insurance against civil liability of the designer and the rules of compulsory insurance against civil liability of the contractor approved by the Government or an institution authorised by it.
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9.If an insurance contract has been terminated or the period of validity thereof has expired prior to the term indicated in an insurance policy, the policyholder must conclude a new insurance contract.
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10.The amount of contributions of compulsory insurance against civil liability of the designer and the contractor shall be established in insurance contracts.
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Article 38Compulsory Insurance against Civil Liability of a Designer of a Construction Works
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1.When the policyholder is a designer of a construction works, the insurer shall, according to compulsory insurance against civil liability, compensate by paying to the builder (client) and the third parties the insurance benefits for the damage caused by the policyholder to person’s health or the damage caused due to deprivation of life as well as the damage caused to property.
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2.Insurance benefits shall be paid only in the case of an insurance event, on the basis of official documents confirming such event.
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3.Insurance events covered and insurance events not covered shall be defined by the rules of compulsory insurance against civil liability of the designer.
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4.The policyholder must take out insurance against civil liability according to each design documentation of a construction works or according to the volume of design works of a design enterprise during one year.
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5.The minimum amount of compulsory insurance against civil liability of the policyholder shall be set in the rules of compulsory insurance against civil liability of the designer.
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Article 39Compulsory Insurance against Civil Liability of a Contractor
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1.When the policyholder is a contractor, the insurer shall, according to compulsory insurance against civil liability, compensate by paying to the builder (client) and the third parties insurance benefits for the damage caused by the policyholder to person’s health or the damage caused due to deprivation of life as well as the damage caused to property. In the event when the policy holder himself compensate for the caused damage, the insurer shall pay insurance benefits to the policyholder.
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2.Insurance benefits shall be paid only in the case of an insurance event, on the basis of official documents confirming such event.
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3.Insurance events covered and insurance events not covered shall be established by the rules of compulsory insurance against civil liability of the contractor.
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4.The policyholder must take out insurance against civil liability on each construction works under construction which is a subject matter of a contract.
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5.The minimum amount of compulsory insurance against civil liability of the policyholder shall be set in the rules of compulsory insurance against civil liability of the contractor.
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CHAPTER TWELVE USE AND MAINTENANCE OF Construction works
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Article 40Duties of users of construction works when carrying out maintenance of a construction works
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Users of construction works must:
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1)use a construction works (its rooms) according to its purpose, with the exception of the cases and the procedure laid down by the Government;
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2)repealed as of 1 October 2010;
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3)meet the requirements for use and maintenance of a construction works laid down in normative technical construction documents or normative construction works safety and purpose documents in order to preserve the characteristics of a construction works (its parts, engineering and utility networks) which correspond to the essential requirements for a construction works under Article 4 of this Law;
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4)in accordance with the procedure laid down by this and other laws, organise and/or carry out technical maintenance of a construction works;
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5)repair, reconstruct or demolish construction works, if their further use poses a threat to public health, life or the environment;
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6)allow officials of public administration entities who carry out supervision of the use of construction works to enter unhindered in the course of performing their functions a construction works which is being used and to inspect it, provide them with the documents related to the use and technical supervision of the construction works. This requirement shall not apply to owners of apartments and other living quarters.
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Version of subparagraph 6 as of 1 September 2011:
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6)allow officials of public administration entities who carry out supervision of the use of construction works to enter, in compliance with the procedure laid down by the law, in the course of performing their functions a construction works, an apartment and other living quarters which are being used and to inspect them; provide the said officials with the documents related to the use and technical supervision of the construction works, apartment and other living quarters.
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Article 41Technical supervision of construction works and technical supervision rules
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1.A user of a construction works shall organise technical maintenance of a construction works by assigning a technical supervisor of a construction works with or without a contract. A technical supervisor of a construction works may be also appointed on other grounds laid down by the law.
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2.Technical supervision of simple construction works, as well as houses containing one or two apartments and their pertinents and construction works located within a rural estate, as well as buildings used for agricultural purposes which are included in the list approved by an institution authorised by the Government may be carried out by the users themselves, without assigning a technical supervisor of a building. Qualification requirements shall not apply to the said users.
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3.When carrying out technical maintenance of a particular construction works, a technical supervisor of the construction works shall carry out organisational and technical measures to maintain a technical condition of the construction works in order to ensure the essential requirements for a construction works, laid down in paragraph 1 of Article 4 of this Law during the economically reasonable working life of a construction works.
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4.Rules of technical supervision of construction works and qualification requirements for a technical supervisor of a construction works shall be laid down by an institution authorised by the Government, taking into consideration the purpose of construction works and complexity of their structure.
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5.Technical maintenance of a construction works shall consist of:
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1)permanent observation of the condition of a construction works the aim of which is to identify visually noticeable changes in the condition of a construction works during the use of the construction works;
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2)periodical and specialised inspections of a construction works, the aim of which is to identify the changes in the condition of the construction works during a certain period of time or in other cases, if such inspections are provided for in the rules referred to in paragraph 4 of Article 41 of this Law;
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3)elimination of the faults of the condition of a construction works noticed;
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4)organisation of repair (simple or major).
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6.If it becomes clear that the condition of a construction works poses a threat to health, life of people who are in the construction works or near it, or to the environment, the user of the construction works and/or technical supervisor of the construction works must, taking into account a type of threat or after the accident related to the construction works, take measures to protect people as well as other measures specified in paragraph 2 of Article 25 of this Law.
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Article 42Supervision of use of construction works;
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1.The following public administration entities shall exercise the supervision of the use of construction works:
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1)repealed as of 1 January 2010;
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2)the Ministry of Transport and Communications and/or an organisation authorised by it (with the exception of the traffic infrastructure which does not belong to the sphere of its management) according to the list approved by the Government or an institution authorised by it – of the traffic infrastructure and other engineering construction works related thereto, as well as construction works of hydrotechnic in the Baltic Sea and bodies of inland water;
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3)municipal administrations – of the construction works not specified in subparagraph 2 of paragraph 1 of this Article;
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4)institutions of the state supervision of safety and purpose requirements for a construction works shall carry out supervision over the implementation of the requirements for equipment and purpose of construction works.
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2.Public administration entities which carry out supervision of the use of construction works shall verify the compliance of users of construction works with the requirements for safety of construction works and for technical supervision of construction works set by this Law and other laws and legal acts.
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3.Public administration entities which carry out supervision of the use of construction works shall enjoy the right:
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1)after it becomes clear that the condition of a construction works poses a threat to health, life of people who reside, work or happen to be for other purposes in the construction works or near it, or to the environment, and taking into account a type of threat, demand that the user of the construction works would take measures to protect people and, if necessary, to demand that evacuation of the people would be organised, use of the construction works would be stopped, any activity in the construction works would be prohibited (when necessary, within the construction site or territory as well);
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2)to set time limits for carrying out all the actions specified in subparagraph 1 and immediately inform the owner of the construction works (when the user is not the owner of the construction works);
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3)to approach the police in order to temporarily restrict the access to the territory or rooms of the construction works, to stop works which are being carried out there, to restrict or prohibit traffic, if the environment, public order, safety of a person or the state is endangered;
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4)in the cases and procedure laid down by the Code of Administrative Offences, to draw up a record of administrative offences, consider cases of administrative offences and impose administrative penalties or to refer cases of administrative offences to the court.
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5)in order to perform its functions, to enter unhindered a construction works which is being used, with the exception of apartments and other living quarters, inspect it, be provided with documents related to the use and technical supervision of the construction works;
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Paragraph 3 shall be supplemented with subparagraphs 6 and 7 as of 1 September 2011:
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6)together with a technical supervisor of a construction works to enter apartments and other living quarters and inspect load-bearing structures of the construction works where inadmissible deformations of load-bearing structures of the construction works were recorded in the act on inspection of the construction works or a reasoned notification of the co-owners of the construction works has been received that because of construction operations in an apartment or other living quarters the mechanical resistance and stability of the construction works may be weakened and therefore a threat of collapse of the construction works may arise. An officer of a public administration entity who carries out supervision of the use of construction works may enter an apartment and other living quarters by consent of their users, and in the event of refusal to let him enter – by producing the court ruling regarding permission to enter an apartment and (or) other living quarters. Users of apartments and other living quarters must be notified at least three working days in advance about a scheduled time of inspection;
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7)appeal to the court for permission to enter an apartment and (or) other living quarters.
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4.Officials of public administration entities which carry out supervision of the use of construction works shall have the right to demand that the user of a construction works would produce mandatory documents pertaining to the maintenance of a construction works, referred to in Article 43 of this Law, and would allow them to perform other functions related to the supervision of the use of a construction works, which are assigned to them.
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5.Entities exercising the supervision of the use of construction works shall, in accordance with the procedure laid down by the Ministry of Environment, furnish information about the exercise of the supervision of the use of construction works to the State Territorial Planning and Construction Inspectorate under the Ministry of Environment.
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6.The procedure for exercising the supervision of the use of construction works shall be established by the Ministry of Environment.
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Article 42 shall be supplemented with paragraph 7 as of 1 September 2011:
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7.Requests of public administration entities, carrying out supervision of the use of construction works, for court permission to enter apartments and (or) other living quarters shall be considered in accordance with the procedure laid down in Chapter XXXIX of the Code of Civil Procedure.
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Article 43Documents of technical maintenance of a construction works
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1.Documents of technical maintenance of a construction works shall comprise the technical passport of the construction works (or the technical accounting card), for heated buildings a total useful floor area of which is over 1000 square meters – the technical-energy passport, the register of technical supervision of the construction works, acts on periodical and special inspections of the construction works and other documents established by institutions authorised by the Government or the user of the construction works.
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2.The technical passport of a construction works (the accounting card) must indicate technical economic and construction characteristics as well as changes thereof after the overhaul or reconstruction of the construction works. The technical-energy passport of a construction works shall additionally specify energy characteristics of the construction works.
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3.The register of technical maintenance of a construction works must record faults or deformations of structures and engineering technical equipment observed during the permanent supervision, provided that the said faults or deformations require construction investigations or repairs; the register must also record the data pertaining to the registration of acts on periodical and special inspections, indicating the date of carrying-of of these inspections as well as managers, observed faults and measures to eliminate them.
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4.The forms of documents specified in paragraph 1 of this Article, the procedure how to fill them in and store shall be laid down by normative construction and special technical documents which are approved by institutions authorised by the Government, taking into consideration the purpose of a construction works and complexity of its constructions.
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Article 431Minimum requirements on the energy performance of buildings and energy certification of buildings
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1.The minimum requirements on the energy performance of buildings shall be mandatory:
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1)for new buildings;
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2)existing buildings that are subject to reconstruction or overhaul and a total useful floor area of which is over 1000 square meters and the price of works done during reconstruction or overhaul in order to upgrade their energy performance makes up to 25 per cent of the value of the building, excluding the value of the plot of land on which the building is situated. The requirements of this subparagraph shall apply in as much as this is technically, functionally and economically feasible.
\n
2.The minimum requirements on the energy performance shall not apply to:
\n
1)buildings which are structures of cultural heritage, where compliance with the requirements would unacceptably alter their character or appearance,
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2)buildings used as houses of worship and for other religious activities;
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3)temporary buildings with a planned time of use of two years or less,
\n
4)industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings,
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5)stand-alone buildings with a total useful floor area of less than 50 square meters,
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6)residential buildings which are intended to be used less than four months of the year;
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7)buildings which are not heated.
\n
3.Energy performance certification of buildings shall be mandatory:
\n
1)when constructing, selling or renting out buildings. The builder (client) or owner of a building shall, at the request of a buyer or tenant, produce an energy performance certificate of a building the validity of which must not exceed 10 years. The provisions of this subparagraph shall apply also when selling or renting out parts of buildings (apartments, premises designed for separate use and having any other purpose); in this case an energy performance certificate of a part of the building may be based on a certificate of the whole building with a common heating system or a certificate of another representative apartment in the same multi-apartment residential house;
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2)for buildings with a total useful floor area over 1000 square meters constructed for hotel, administrative, trade, services, catering, transportation, cultural, educational, healthcare and leisure purposes. An energy certificate, not older than 10 years, must be placed in the building in a prominent place clearly visible to the public.
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Note. In the cases referred to in paragraph 3 of Article 43(1) buildings shall undergo the certification process from 1 January 2009, with the exception of new buildings which must undergo the certification process from 1 January 2007.
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4.An energy performance certificate of a building shall not be mandatory for the buildings specified in paragraph 2 of this Article.
\n
5.The Government or an institution authorised by it shall lay down minimum requirements on the energy performance and a procedure and conditions of energy performance certification of a building.
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Article 431 shall be supplemented with paragraphs 6, 7, 8, 9, 10, 11, 12, 13 and 14 as of 1 January 2012:
\n
6.Certification of energy performance of buildings shall be carried out by certified natural persons – experts of certification of energy performance of buildings. Qualification requirements for experts of certification of energy performance of buildings, the procedure of certification, the procedure for issuing, changing, suspending, revoking the suspension of and withdrawing qualification certificates shall be laid down by the institution authorised by the Government. Certification shall be carried out by the state enterprise Certification Centre of Building Products.
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7.A natural person wishing to acquire the right to be an expert of certification of energy performance must satisfy the qualification requirements set out by the institution authorised by the Government, finish training courses and pass an examination according to the education programme approved by the institution authorised by the Government, as well as file an application and designated documents to the organisation performing certification. The qualification (education and work experience) of citizens of a Member State of the European Union, the Swiss Confederation or a state which signed the EEA Agreement as well as of other natural persons benefiting from the rights of movement within Member States conferred upon them by European Union legal acts shall be recognised in accordance with the procedure laid down by the institution authorised by the Government.
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8.Qualification certificates shall be issued for an indefinite period. Persons who received a qualification certificate must, not less frequently than every five years, improve their qualification by attending lectures lasting not less than 20 hours in qualification improvement courses, pass examinations pursuant to the programmes approved by the institution authorised by the Government and produce to the organisation performing the certification the documents proving qualification improvement.
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9.A person, wishing to obtain or change a qualification certificate granting the right to be an expert of certification of energy performance of buildings, must pay to the organisation performing the certification a fee fixed by the institution authorised by the Government for certification services.
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10.Where it transpires that false data on certification of energy performance of buildings have been furnished, the procedure of certification laid down by legal acts has been infringed or complaints of third persons have been filed, the organisation performing the certification may inspect the lawfulness of certificates of energy performance of buildings issued by experts of certification of energy performance of buildings.
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11.An organisation performing the certification may suspend a qualification certificate for six months in the following cases:
\n
1)where it transpires that the holder of the qualification certificate does not satisfy the set qualification requirements;
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2)where it is established that when carrying out the activity indicated in the certificate a person has violated the requirements of normative technical construction documents, normative construction works safety and purpose documents that are not related to the requirements for essential concepts of the design documentation or the essential requirements for a construction works;
\n
3)where a person who has a qualification certificate has not improved his qualification in compliance with the requirements of paragraph 8 of this Article or has failed to fulfil the requirements set out in paragraph 8 of this Article.
\n
12.An organisation performing the certification may withdraw a qualification certificate in the following cases:
\n
1)for gross violations of requirements of laws of the Republic of Lithuania, normative technical construction documents, normative construction works safety and purpose documents. Gross violations shall be violations of laws, other legal acts because of which damage has been caused or could have caused to third persons or their property;
\n
2)where it transpires that the false data have been submitted in order to obtain a qualification certificate;
\n
3)when so requested by the holder of the qualification certificate;
\n
4)where the holder of the qualification certificate, upon the suspension of his qualification certificate on the grounds specified in paragraph 11 of this Article, fails to terminate within the set time limit the violations because of which the qualification certificate has been suspended;
\n
5)where upon the suspension of the qualification certificate the person continues his activities;
\n
6)where the person has failed to submit within the set time limit the requested documents and (or) data which are necessary for investigation of the information concerning the violations made by him;
\n
7)upon the death of the holder of the qualification certificate.
\n
13.Where the qualification certificate is withdrawn, it shall be allowed to apply for the issuing of a new qualification certificate not earlier than after the lapse of one year from the date of the adoption of the decision to withdraw the certificate, with the exception of the case specified in subparagraph 3 of paragraph 12 of this Article where an application for the issuing of a qualification certificate may be filed earlier than after the lapse of one year.
\n
14.An organisation performing the certification may give a warning to the holder of the qualification certificate when the holder of the qualification certificate makes minor violations (which are not referred to in paragraphs 11 and 12 of this Article). If the holder of the qualification certificate is given two warnings within a calendar year, the organisation performing the certification may suspend the qualification certificate for the period specified in paragraph 11 of this Article.
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SECTION THIRTEEN FINAL PROVISIONS
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Article 44Liability for Violations of the Law
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Natural and legal persons who have violated the provisions of this Law shall be held liable under laws of the Republic of Lithuania.
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Article 45Use of information systems
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Public administration entities shall perform the procedures specified in Articles 20, 23, 24, 27, 28, 33 and 34 of this Law by using the Republic of Lithuania information system of construction permits and the state supervision of construction Infostatyba in accordance with the procedure laid down by the regulations of the said system, which are approved by the Minister of Environment or in accordance with any other procedure laid down by the Ministry of Environment.
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CHAPTER XIV
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LIABILITY OF LEGAL PERSONS FOR INFRINGEMENTS OF THE LAW
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Article 46
\n
Liability of legal persons for design of a construction works, performance of the design documentation or expert examination of a construction works, construction of a construction works, management of design or construction of a construction works without having the right to engage in such activities 1. A fine from LTL 10000 to LTL 20000 shall be imposed for design of a construction works, performance of the design documentation or expert examination of a construction works, construction of a construction works, management of design or construction of a construction works without having the right to engage in such activities.
\n
2.A fine from LTL 15000 to LTL 30000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in paragraph 1 of this Article.
\n
Article 47
\n
Liability of legal persons for violations of legal acts laying down requirements applied to design of a construction works, expert examination of the design of a construction works and expert examination of a construction works 1. A fine from LTL 3000 to LTL 15000 shall be imposed on designers of a construction works for submitting to the client of the design documentation the design documentation the solutions of which contradict the essential requirements for the construction works related to safety of the construction works or solutions of territorial planning documents. A fine from LTL 6000 to LTL 30000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
2.Contractors of an expert examination of the design documentation of a construction works shall be punished with a fine from LTL 10000 to LTL 20000 for submitting to the client of an expert examination of the design documentation of the construction works an act on an expert examination containing the positive evaluation of the design documentation of the construction works, where the said design documentation of the construction works contradict the essential requirements for the construction works related to safety of the construction works or solutions of territorial planning documents. A fine from LTL 20000 to LTL 40000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in paragraph 3 of this Article.
\n
3.A fine from LTL 4000 to LTL 15000 shall be imposed on contractors of an expert examination of a construction works for submitting to the client of an expert examination of the construction works an act on an expert examination of the construction works which does not meet the requirements set out by legal acts. A fine from LTL 10000 to LTL 30000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
Article 48Liability of legal persons for unauthorised construction
\n
1.A fine from LTL 5000 to LTL 50000 shall be imposed on builders for unauthorised construction of a new construction works of exceptional significance. A fine from LTL 40000 to LTL 75000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
2.A fine from LTL 40000 to LTL 750000 shall be imposed on builders for unauthorised construction of a new construction works of exceptional significance in the protected area. A fine from LTL 50000 to LTL 100000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
3.A fine from LTL 5000 to LTL 50000 shall be imposed on builders for unauthorised construction of a new construction works of non-exceptional significance. A fine from LTL 10000 to LTL 30000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
4.A fine from LTL 10000 to LTL 20000 shall be imposed on builders for unauthorised construction of a new construction works of non-exceptional significance in the protected area. A fine from LTL 15000 to LTL 30000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
5.A fine from LTL 1000 to LTL 2000 shall be imposed on builders for unauthorised construction of a new simple construction works. A fine from LTL 2000 to LTL 3000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
6.A fine from LTL 2000 to LTL 3000 shall be imposed on builders for unauthorised construction of a new simple construction works in the protected area. A fine from LTL 3000 to LTL 5000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
7.A fine from LTL 20000 to LTL 40000 shall be imposed on builders for unauthorised reconstruction of a construction works of exceptional significance. A fine from LTL 40000 to LTL 60000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
8.A fine from LTL 40000 to LTL 60000 shall be imposed on builders for unauthorised reconstruction of a construction works of exceptional significance in the protected area. A fine from LTL 60000 to LTL 80000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
9.A fine from LTL 7000 to LTL 15000 shall be imposed on builders for unauthorised reconstruction of a construction works of non-exceptional significance. A fine from LTL 20000 to LTL 25000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
\n
10.A fine from LTL 20000 to LTL 25000 shall be imposed on builders for unauthorised reconstruction of a construction works of non-exceptional significance in the protected area. A fine from LTL 20000 to LTL 40000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
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11.A fine from LTL 500 to LTL 1000 shall be imposed on builders for unauthorised reconstruction of a simple construction works. A fine from LTL 1000 to LTL 2000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.
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12.A fine from LTL 1000 to LTL 2000 shall be imposed on builders for unauthorised reconstruction of a simple construction works in the protected area. A fine from LTL 2000 to LTL 4000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violations provided for in this paragraph.