Redagavo: Ramunė Lūžaitė (1997

Redagavo: Ramunė Lūžaitė (1997 REPUBLIC OF LITHUANIA LAW ON CONSTRUCTION 19 March 1996 – No I-1240 Vilnius (As last amended on 2 July 2010 – No XI-992) SECTION ONE GENERAL PROVISIONS Article 1. Purpose and Scope of the Law 1. This Law shall establish the essential requirements for all construction works which are being constructed, reconstructed and repaired within the Republic of Lithuania territory, territorial waters and its continental shelf which is located in the international waters and in which the Republic of Lithuania has the exclusive rights, the procedure for technical regulation of construction, construction investigation, design of construction works, construction, its completion, utilisation and maintenance, demolition of construction works as well as the procedure of the supervision of the above activities, the responsibility and principles of activities in this field of construction participants, public administration entities, owners (or users) of construction works and other legal and natural persons. 2. This Law shall not apply when establishing: 1) requirements for construction works designated for utilisation of the underground (as defined in the Underground Law), with the exception for the requirements established in paragraph 1 of Article 4 of this Law; 2) requirements for immovable cultural heritage research and heritage protection operations pertaining to the maintenance of structures of cultural heritage as well as the procedures related thereto, where such requirements are laid down in the Law on the Protection of Immovable Cultural Heritage, with the exception of the requirements established in paragraph 1 of Article 4 and paragraph 1 of Article 13 of this Law; 3) requirements for economic commercial or any other activities carried out in a construction works which is being used. 3. This Law shall be harmonized with the EU legal acts listed in the Annex to this Law. Article 2. Definitions 1. “Architecture of a construction works” means a form of internal space and the outside of a construction works as a work of art, the arrangement of parts of a construction works, artistic expression of their forms and interrelation of all elements of a construction works. 2. “Construction works” means a building or a civil engineering works which has load-bearing structures, where all of them (or part of them) were assembled on the construction site during construction work, and which is an immovable. 3. “Construction works of exceptional significance” means a construction works in which dangerous substances are used or stored (not exceeding the set limits of their amount); a construction works in which potentially dangerous equipment are located or potentially dangerous work is carried out; a construction works of complex structure and complex technologies (according to specific features of complexity and technical parameters set out by normative technical construction documents); a building used for public needs in which more than 100 people are present at a time; a high-rise (more than five-storey) apartment house, a structure of cultural heritage. A list of construction works assigned to the category of construction works of exceptional significance shall be approved by an institution authorised by the Government. 4. “Temporary construction works” means a construction works which is permitted to be constructed and used for a limited period of time. Time limits on the use of temporary construction works may be extended. The Ministry of Environment shall lay down the procedure for extending time limits on the use of temporary construction works the time limits on the use of which are extended at the request of interested persons.  A temporary construction works and the rights to it shall not be recorded in the real property register. 5. “Incomplete construction works” means a construction works the construction operations of which, set out in the design of the construction works and in legal acts, have not been completed. 6. “Simple construction works” means a building of simple structures the maximum height of which is 8,5 m, the sum total of areas of all storeys, superstructures, attic of which and areas of the annexes related by the purpose of use shall not exceed 80 m2; a civil engineering works of simple structures.  Characteristics and technical parameters of simple constructions of a building and a civil engineering works shall be established by normative technical construction documents. 7. “Building” means a roofed construction works consisting mostly of rooms. 8. "Public building" means a hotel or other building providing short-term accommodation; an office building; a building used for retail or wholesale trade; an airport, railway, bus station building; a building used for public performances; a building of an educational or health and nursing institution; a building for public worship and other religious activities. 9. “Civil engineering works” means traffic infrastructure, engineering and utility networks, canals, as well as all other construction works which are not buildings. 10. “Engineering and utility networks” means public or local water, sewage, heat, gas, oil or other fuel, technology pipelines, electricity-supply, energy and distance communication (telecommunication) lines together with their supply sources and equipment laid within the construction plot of a construction works (except the inside of the construction works) and outside its boundaries. 11. “Traffic infrastructure” means places (roads, streets) of traffic of the transport of all kinds (biotransport, railway transport, motor transport, sea transport, air transport, internal waters transport, urban electric transport) and pedestrians. 12. "Structure of cultural heritage" means a building or part thereof having valuable properties, engineering structures or remaining part thereof, monumental immovable works of art. 13. “Construction” means activities the purpose of which is to construct (assemble, lay) a new construction works, reconstruct, repair or demolish an existing construction works. This definition shall also include construction operations related to the maintenance of structures of cultural heritage or construction of construction works within the territory of objects of cultural heritage. 14. "Management of the construction of a construction works" means a type of organisation of the construction of a construction works when the construction and works of other main construction-related areas of technical activities of the construction are organised by a manager of the construction of a construction works on the basis of a contract of agency between the principal – a builder (client) and the agent – a manager of the construction of a construction works. 15. “Construction operations” means all operations carried out when building or demolishing a construction works (land digging, plastering, concrete work, installation work, foundations and roof erection, joinery work, exterior and interior finish, setting in motion and adjustment of equipment). Construction operations shall be divided into general works (earthworks, operations related to construction and installation of building structures) and special works (other construction operations). Types of special works shall be established in normative technical construction documents. 16. “Self-dependent construction” means a way to organise construction when construction operations are carried out and a construction works, fit for use, is created at builder's (client's) own risk, without concluding a contract, using the builder's (client's)  manpower, construction products, equipment owned by the builder (client). 17. “Construction of a new construction works” means a type of construction the purpose of which is to build a construction works on a land surface area not occupied by construction works, to rebuild a completely ruined, destroyed, demolished construction works. 18. "Reconstruction of a construction works” means a type of construction the purpose of which is to rebuild a construction works (to change load-bearing structures by changing the external dimensions of the construction works – length, width, height, etc.). 19. "Construction works repairs" means overhaul or simple repairs of a construction works. 20. "Overhaul of a construction works” means a type of construction the purpose of which is to rearrange a construction works (to change load-bearing structures without changing the external dimensions of the construction works – length, width, height, etc.). 21. "Simple repairs of a construction works" (corresponds to the definition “current repair” as used in the Civil Code) means a type of construction the purpose of which is to renovate the construction works without reconstructing it or overhauling. 22. “Construction operations pertaining to the maintenance of structures of cultural heritage” means construction operations carried out in a construction works of cultural heritage or within its territory. 23. “Construction site” means a location where building of a construction works is undertaken (the territory the boundaries of which are set in the design documentation of the construction works taking into consideration the ongoing construction operations; the said territory may or may not coincide with the boundaries of a construction plot). If the boundaries of the construction site and the boundaries of the construction plot do not coincide, a parcel of land which is not owned by the builder (client) or is not owned and used on other grounds, set out by laws of the Republic of Lithuania, and the boundaries of which are established by the agreement between the builder (client) and the owner of such a parcel of land (or a person who disposes of the land) shall be regarded as a part of the construction site; a construction works - when all construction operations are carried out inside the construction works. 24. “Construction plot” means a fixed-limit land plot of a specific purpose of land use (part of the territory), where construction operations are carried out. 25. “Improvement of a construction plot” means formation of plot terrain (lowering, heightening, levelling), laying of engineering and utility networks and traffic infrastructure of the site, installing of playgrounds or other sites, erecting of fences, planting. 26. “Construction investigation” means engineering geodetic investigations, engineering geological, geotechnical and other researches of a construction plot (or, when necessary, of adjoining territories), plots of engineering and utility networks (which have to be laid or which already exist and are under construction) as well as of traffic infrastructure plots (courses); environmental, landscaping, hygiene research; when the existing construction works is being reconstructed or repaired or when a new construction works is attached to the existing construction works (building it close to such a construction works) as well as research of existing and adjacent construction works which may be affected by planned construction operations; observations of the settlement and deformation of the existing buildings. 27. “Design documentation of a construction works” means the totality of documents, the content of which is established by normative technical construction documents, which contain solutions of a construction works conceived by the builder (client) (text, parts of the design documentation, calculations, drawings) and are intended for legalisation and carrying-out of the construction of a construction works. 28. “Design of a construction works” means architectural engineering activities with the aim to prepare a design documentation of a construction works. 29. "Management of the design of a construction works" means a type of organisation of the design of a construction works when the design and works of other main design-related areas of technical activities of the construction are organised by a manager of the design of a construction works on the basis of a contract of agency between the principal – a builder (client) and the agent – a manager of the design of a construction works. 30. Repealed as of 1 October 2010. 31. "Design proposals" means a preliminary design the purpose of which is to express the idea of architectural and other main solutions of a construction works being designed, and which is presented as the material for a competition to choose a designer and may be used for the preparation of design conditions. 32. “Conditions for connecting” means conditions for connecting engineering and utility networks or traffic infrastructure situated in the plot of a construction works, the plot of land to engineering and utility networks and traffic infrastructure belonging to other owners, if such conditions are not provided for in territorial planning documents. 33. Repealed as of 1 October 2010. 34. "Approval of the design documentation of a construction works" means the builder’s (client’s) consent to a prepared design documentation of a construction works in the form of a regulative document - when the builder (client) is a legal person of Lithuania or a foreign state, or by the builder (client) marking the design documentation of the construction works with the word "approved" and signing it - when the builder (client) is a natural person of Lithuania or a foreign state. In both cases main technical and economic indexes of this construction works as well as environmental and landscape requirements shall be specified. 35. “Expert examination of the design documentation of a construction works” means evaluation of the implementation in the construction works’ design documentation of the essential requirements for a construction works specified in paragraph 1 of Article 4 of this Law, as well as the requirements of other laws and legal acts, normative technical construction documents and required documents related to the preparation of the design documentation of a construction works. 36. “Expert examination of a construction works” means evaluation of a technical condition of the existing construction works or a construction works which is being constructed, with the aim to establish whether the construction works satisfies the essential requirements for a construction works specified in paragraph 1 of Article 4 of this Law. 37. “Supervision of the implementation of the design documentation of a construction works” means supervision of the construction organised by the builder (client) and carried out by the designer, the purpose of which is to control that the construction works be constructed in compliance with the design documentation of the construction works and that the architecture of the construction works, created in the design documentation, would be implemented. Supervision of the implementation of a part of the design documentation of a construction works shall be a part of the supervision of the implementation of the design documentation of a construction works. 38. “Technical supervision of the construction of a construction works” means supervision of the construction of a construction works organised by the builder (client), the purpose of which is to control if the construction is carried out in compliance with the design documentation of a construction works, the requirements of the contract (when the construction is carried out by contracting), laws, other legal acts, normative technical construction documents, normative construction works safety and purpose documents. 39. Repealed as of 1 October 2010. 40. “Standard quality of a construction works” means quality of the design documentation of a construction works, construction operations and the constructed construction works which meets the requirements set out by normative technical construction documents and normative construction works safety and purpose documents. 41. “Builder (client)” means a natural or legal person of Lithuania or a foreign state who invests funds into construction and concurrently performs the functions of the builder (client) (or delegates such functions to any other natural or legal person). 42. "Investigator" means a natural person, a legal person, any other foreign organisation to whom the laws and other legal acts, regulating an appropriate field of investigations, grant the right to exercise such investigations. 43. “Designer of a construction works” means a natural person, a legal person, any other foreign organisation who has the right, established by this Law, to carry out design work of a construction works. 44. "Head of the design documentation of a construction works" means an architect or a building engineer who, representing the interests of the builder, organises, in a manner prescribed by normative technical construction documents, preparation of the design documentation of a construction works, co-ordinates solutions of the parts of the design documentation of a construction works and activities of heads of the parts of the design documentation of a construction works, supervises and is responsible for the implementation in the design documentation of a construction works of the requirements of laws, other legal acts, normative technical construction documents and normative construction works safety and purpose documents, required documents related to the preparation of the design documentation. 45. "Architect of a construction works" means an architect who is an author of a concrete construction works as a work of architecture and/or the head of an architectural part of the design documentation. A team of natural persons may also be an architect of a construction works. 46. “Preparator of the design documentation of a construction works” means an architect or a building engineer who solely prepares the design documentation of a construction works, is its head or prepares the design documentation of a concrete construction works, headed by another head of this design documentation. A team of natural persons managed by the head of the design documentation may be a preparator of the design documentation of a construction works, where such a team consists of heads of the parts of the design documentation of a construction works, other architects and building engineers. 47. "Preparator of a part of the design documentation of a construction works” means an architect or a building engineer who solely prepares a constituent part of the design documentation of a construction works and is its head, or solely prepares a part of the design documentation of a concrete construction works, headed by another head of this part of the design documentation. A team of natural persons may be a preparator of a part of the design documentation of a construction works, where such team consists of architects and building engineers. 48. "Manager of the design documentation of a construction works" means a natural person, a legal person, any other foreign organisation functioning as an agent of the principal - the builder (client), managing the design of a construction works, organising works pertaining to the design and to design-related works of other main areas of technical activities of the construction, which are carried out by a natural person, a legal person, any other foreign organisation hired by him and enjoying such a right. 49. “Contractor of the construction of a construction works” (hereinafter referred to as a “contractor”) means a natural person, a legal person, any other foreign organisation who has the right to engage in construction, established by this Law. 50. "Head of the construction of a construction works" means a building engineer who, representing the contractor (when construction is carried out by contracting) or the builder (client) (in the case of self-dependent construction) and implementing the design documentation of a construction works from the start of construction to its completion, heads construction operations, may concurrently be the head of general construction operations, co-ordinates the carrying-out of special operations of the construction of a construction works and activities of the heads of such operations, and, within the sphere of his competence, is responsible for the conformity of the constructed construction works to the design documentation and for the standard quality of the construction works. 51. "Technical supervisor of the construction of a construction works" means an architect or a building engineer who, representing the builder (client), heads engineering supervision of the construction of a concrete construction works, performs functions assigned to the head of general engineering supervision of the construction of a construction works (general construction operations), co-ordinates special supervision of the construction of a construction works, activities of the heads thereof, and, within the sphere of his competence, is responsible for the standard quality of the constructed construction works. 52. "Manager of the construction of a construction works" means a natural person, a legal person, any other foreign organisation acting as the agent of the principal - the builder (client), who manages the construction of a construction works, organises construction operations and construction-related works of other main areas of technical activities of the construction, which are carried out by a natural person, a legal person, any other foreign organisation hired by him and enjoying such a right. 53. “Supplier” means a natural person, a legal person, any other foreign organisation who is a producer (his representative) of construction products, a distributor, an importer, a service organiser and the like. 54. “Normative technical construction document” means a document which sets out requirements, rules, general principles and characteristics pertaining to design, construction, construction completion, use, maintenance and demolition of a construction works. It shall comprise technical construction regulations, the construction code, directions for the use and maintenance of construction works, standards, technical approvals, methodological instructions, recommendations. 55. "Normative construction works safety and purpose documents" means documents which, on the basis of other laws and legal acts, sets forth requirements for the protection and safety of a construction works, protection and safety of people who use such construction works, protection and safety of the environment of a construction works according to the spheres indicated in paragraph 1 of Article 6 of this Law, taking into consideration the purpose of a construction works (type of a construction works) and activities planned in it. The said documents shall also set forth the following requirements for the purpose of a construction works: calculation of dimensions of a construction works (depending on the purpose of a construction works), functional relations between the parts (rooms) of a construction works, serviceability, efficiency and safety of construction works, technological and energy equipment, technological engineering systems, technological and energy processes; water, waste water, energy carriers and the likes supplied by engineering and utility networks and used by engineering systems of a construction works; soil humidity regime regulated by agricultural land improvement systems, and agricultural practices. 56. “Institutions of the state supervision of safety and purpose requirements for a construction works” means state institutions which enjoy management powers and carry out the activities within a certain field, established by laws and Government resolutions, or exercise state supervision of construction operations related to safety and purpose requirements for a construction works. 57. “CE marking” means a mark confirming that a construction product satisfies the requirements set out by effective legal acts of the European Union. 58. “Construction product” means any product which is produced for fitting, incorporation, putting, application or installation in a building or civil engineering works for a long period of time. 59. “Technical approval” means a document which confirms a technical assessment of the fitness for use of a construction product, based on the essential requirements for a construction works for which the product is used, and establishes technical requirements for a construction product. 60. “Technical specification” means a document (a part of the document) the technical requirements laid down wherein must be met by a defined product, process or service. Standards and technical approvals shall be technical specifications of construction products. 61. “Engineering systems of a construction works” means engineering systems of rooms of a construction works (their parts, beds) intended for the use and maintenance of the construction works, satisfying the needs of individuals living, working or otherwise using the construction works: water-supply, waste water removal, heating,  ventilation, air-conditioning, gas, electric, distance communication (telecommunications), fire protection, detection, alarm and extinction, garbage collection systems, passenger lifts and other systems, as well as systems of their control, management, automatisation and alarm. 62. “General engineering systems of a construction works” means engineering systems of the whole building (all rooms of the building) which ensure the functioning of these spaces and satisfy the needs of their users. 63. “Separate engineering systems of a construction works” means engineering systems of one or several rooms of the building, independent of other systems (do not connected with the general engineering systems of the building), which ensure the functioning of such spaces and satisfy the needs of their users. 64. “Technological engineering systems” means industrial-purpose systems in a construction works intended for ensuring technological processes taking place in the construction works and normal functioning  of technological  equipment in the construction works. These are water-supply, waste water removal, heating, ventilation, air-conditioning, gas, fuel-supply, electric, distance communication (telecommunications) and information, fire protection, detection, alarm and extinction, smoke, garbage disposal, waste collection, freight elevator and other systems intended to satisfy technological needs. 65. “Public engineering and utility networks” means engineering and utility networks intended to satisfy the needs of users of cities, towns, villages (or separate parts, zones thereof), together with general supply sources of the networks. 66. “Local engineering and utility networks” means engineering and utility networks (together with their supply sources) intended to satisfy the needs of one user or a group of users. 67. “Equipment” means machines, devices, appliances intended to produce energy, materials and to receive, transmit or transform information. 68. “Load-bearing structures” means structural elements of a construction works the essential purpose whereof is to bear loads (of structures, equipment, snow, wind, people, ground and others) and to ensure mechanical resistance and stability of the construction works. 69. “Hidden structures of a construction works and hidden construction operations” means structures hidden by other structures assembled later or construction operations hidden by operations carried out later. 70. “Economically reasonable working life of a construction works” means a period during which it is reasonable to use a construction works, maintaining its exploitation characteristics which satisfy the essential requirements of a construction works, taking into consideration all the interdependent aspects: expenses related to the design, construction, use and insurance of a construction works which is being used, expenses incurred in order to avoid shortcomings of the use; the risk and consequences of collapse of a construction works during the period of its use; planned partial renovation; expenses related to cleaning, technical services, maintenance and repair. 71.  "Unauthorised construction" means construction of a construction works or a part thereof without possessing a document permitting the construction or with a document permitting the construction but in violation of the essential concepts of the design documentation of a construction works. 72. “Use of a construction works” means utilization of the characteristics of a construction works, created on the basis of the key requirements for a construction works, to satisfy the needs of a user. 73. “User of a construction works” means an owner of a construction works or any other natural or legal person who uses a construction works (its part) on the basis of the laws, administrative acts, agreements or court decisions of the Republic of Lithuania. 74. “Maintenance of a construction works” means the totality of technical, organisational and public administration measures, laid down by this and other laws, and other legal acts, when carrying out the technical maintenance of a construction works and the supervision of the use of a construction works. 75. “Technical maintenance of a construction works” means the totality of technical and organisational measures organised by a user of a construction works and laid down by this and other laws as well as other legal acts, which guarantees the essential requirements set out in paragraph 1 of Article 4 of this Law during the whole economically reasonable working life of a construction works. 76. “Supervision of the use of a construction works” means the control exercised by a public administration entity aimed at determining whether or not the technical maintenance of a construction works meets the requirements of this and other laws, other legal acts as well as normative technical construction documents. 77. “Purpose of a construction works” means the purpose of the use of a construction works specified in the public register of a construction works (for people to reside, for economic-commercial or other activities), when the construction works meets the mandatory requirements for safety and activities (technological process) planned (carried out) in it, which are defined in normative documents pertaining to the safety and the purpose of a construction works. 78. “Technical supervisor of a construction works” means a natural or legal person who carries out the technical maintenance of a construction works on the grounds established by paragraphs 1 and 2 of Article 41 of this Law and according to the requirements laid down by paragraph 3 of the said Article. 79. “Architecture” means functional spatial and visually perceptible artistic formation of construction works, objects of landscape and territorial planning. 80. “Architect” means a natural person who possesses the documents granting the right to practice architecture by making use of the professional qualification of architect, the right of establishment and provision of services, which were issued in a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, upon having verified the fact of possession of the said documents and recognised them in Lithuania. These documents, issued in any other state, shall be recognised in the Republic of Lithuania after having verified whether or not they grant the professional qualification of architect and the right to practice architecture in that state and whether or not they meet the requirements for such activities posed in the Republic of Lithuania. 81. “Activities of the architect” means activities carried out when holding the professional qualification of architect. 82. “Building engineer” means a natural person who possesses the documents granting the right to be engaged in activities of the building engineer by making use of the professional qualification of building engineer, the right of establishment and provision of services, which were issued in a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, upon having verified the fact of possession of the said documents and recognised them in the Republic of Lithuania. These documents, issued in any other state, shall be recognised in the Republic of Lithuania after having verified whether or not they grant the professional qualification of building engineer and the right to be engaged in activities of the building engineer in that state and whether or not they meet the requirements for such activities posed in the Republic of Lithuania. The definition “building engineer” shall apply to an engineer whose education grants the professional qualification necessary to be engaged in the activities comprising one, several or all main areas of technical activities of the construction, as established in paragraph 1 of Article 10 of this Law. 83. “Activities of the building engineer” means activities carried out when holding the professional qualification of building engineer. 84. “Any other foreign organisation” means an organisation established in a foreign state, which does not have the status of a legal person, but has the civil capacity under the law of that state. 85. “Construction waste” means waste arising during construction, reconstruction, maintenance or demolition. 86. “Energy performance of a building" means the amount of energy actually consumed or estimated to meet the needs associated with a standardised use of the building. 87. “Certification of energy performance of a building" means a process regulated by legal acts in the course of which the energy performance of a building is established, the energy performance of a building is evaluated, attributing a building to a energy performance class, an energy performance certificate of a building is issued. 88. “Expert examination contractor” means a legal person, any other foreign organisation which is entitled to conduct an expert examination of the design documentation or a construction works. 89. “Renovation (modernisation) of a building” means construction operations which restore or upgrade the physical and energy properties of a building and/or its engineering systems and/or ensure the use of energy generated from renewable energy resources. 90. “Typical structural member” means a structural combination of construction products and technological concepts repeated in construction works (details of walls and roofs, corners, parapets and other elements). 91. “Typical design documentation of a construction works” means the totality of documents, the composition of which is set out in technical regulations of construction, in which concepts of standard construction works are presented. 92. “Document permitting the construction” means a permit to build a new construction works; a permit to reconstruct a construction works; a permit to renovate (modernize) a building (buildings); a design documentation of a construction works which has been given a written approval of an authorised civil servant (authorised civil servants); a written consent (written consents) of the owner (owners) or manager (managers) of a land plot or adjacent land plots regarding the construction; a permit to continue the suspended construction. 93. “Essential concepts of the design documentation of a construction works" means concepts of the design documentation of a construction works establishing the place of the construction works in the plot, the purpose of the construction works or its parts, the load-bearing structures of the construction works and their arrangement, the external dimensions of the construction works (height, length, width, etc.) and implementing special requirements of the protection of protected areas and/or the heritage protection of an immovable cultural heritage property. 94. “Construction works of non-exceptional significance” means a construction works which is not a construction works of exceptional significance or a simple construction works. 95. „Demolition of a construction works“ means a type of construction the purpose of which is to dismantle (disassemble) all structures of a construction works (its parts) (with the exception of construction operations attributed to the reconstruction or overhaul of the construction works). 96. „Room“ means an area for the intended use, situated in a building and enclosed by walls and other partitions. Article 3. The Right to be a Builder and Implementation of this Right 1. The right to be a builder in the Republic of Lithuania shall be enjoyed by natural and legal persons of Lithuania and foreign countries. 2. The right to be a builder shall be exercised in cases when: 1) a builder manages a land plot, on which a construction works is being constructed, by the right of ownership or manages and uses it on other grounds set out by laws of the Republic of Lithuania; this requirement shall not apply in the cases laid down by the Ministry of Environment when land plots have not been formed (when renovating (modernizing) buildings, carrying out overhaul or simple repairs of a construction works, etc.); 2) a builder has a document permitting the construction (where such a document is mandatory); 3) a builder manages a construction works (part thereof) by the right of ownership or manages and uses it on other grounds laid down by the law –in cases of reconstruction, repairs and demolition of the construction works; 3. The requirements of paragraph 2 of this Article shall not apply when demolishing construction works by the court decision, if demolition operations are organized by the State Territorial Planning and Construction Inspectorate under the Ministry of Environment. Article 4. Essential requirements in respect of a construction works 1. A construction works (a part thereof) must be designed and constructed from such construction products the characteristics of which would satisfy the following essential requirements in respect of a construction works during the economically reasonable working life: 1) mechanical resistance and stability, i.e. the loadings that are liable to act on a construction works during its construction and use will not lead to any of the following: collapse of the whole or part of the construction works, major deformations to an inadmissible degree, damage to other parts of the construction works or to fittings or installed equipment; damage by an event which may be avoided or limited without major difficulties and expenses (explosion, blow, overload, mistakes made by individuals); 2) safety in case of fire, i.e. that in the event of an outbreak of fire the load-bearing capacity of the construction can be assumed for a specific period of time; that: the generation and spread of fire and smoke within the construction works are limited,  the spread of the fire to neighbouring construction works is limited; people in the construction works can safely leave it or may be saved in any other way; warning and fire extinguishing systems function; the safety of rescue teams is taken into consideration; 3) hygiene, health and the environment, i.e. it will not be a threat to the hygiene or health of the occupants or neighbours, in particular as a result of any of the following: the giving-off of toxic gas, the presence of dangerous particles or gases in the air, the emission of dangerous radiation, pollution or poisoning of the water or soil, faulty elimination of waste water, smoke, solid or liquid wastes, the presence of damp in structures of the construction works or on surfaces within the construction works; 4) safety in use, i.e. that it does not present unacceptable risks of accidents in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion; 5) protection against noise, i.e. noise perceived by the occupants or people nearby is kept down to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions; 6) energy economy and heat retention, i.e. the amount of thermal energy required in use shall not exceed the required amount, having regard to the climatic conditions of the location and the occupants (i.e. calculated in accordance with the requirements of hygiene norms and the purpose of a building or its rooms). 2. The essential requirements laid down in paragraph 1 of this Article (one, several or all) and the technical parameters of the construction works pursuant to the levels and classes of characteristics of construction works or construction products shall be established by legal acts of the institutions authorised by the Government according to the competence established by the Government. 3. Classification of construction works according to their purpose, and their working life (taking into consideration the construction products they are constructed from, climatic conditions and the purpose of use) shall be established in normative technical construction documents. Article 5. Essential requirements in respect of architecture of a construction works Architecture of a construction works must be such that: 1) it would satisfy the essential requirements for a construction works laid down in Article 4 of this Law; 2) it would harmonise with the landscape; 3) it would meet special requirements for the architecture, special requirements for protected areas and the heritage protection laid down by the director of the municipal administration (a civil servant of the municipal administration authorised by him); 4) it would be fit for the intended use of a construction works; 5) it would satisfy the requirements for engineering systems and technological engineering systems of a construction works. Article 6. Protection (safety) of the environment, landscape, immovable cultural heritage properties and other  protection (safety), protection of interests of third persons 1. When carrying out construction investigations, preparing a design documentation of a construction works, building a construction works as well as when using and carrying out the maintenance of a construction works, it shall be mandatory to act in compliance not only with this Law, but also other laws, legal acts and normative construction works safety and purpose documents, approved in the prescribed manner, which regulate: 1) the environmental protection and the assessment of an impact of planned economic activities on the environment; 2) protection of protected areas, landscape, immovable cultural heritage properties and their territories; 3) fire safety; 4) health protection and public health care; 5) labour protection and public health safety; 6) nuclear safety and technical safety of energy units, equipment; 7) surveillance of potentially dangerous equipment; 8) maintenance of a construction works. 2. Regulated distances between construction works, between construction works and limits of the plot shall be fixed in normative technical construction documents by an institution authorised by the Government, taking into consideration the requirements laid down in paragraph 1 of Article 4 of this Law and paragraph 1 of this Article. 3. Design, construction, reconstruction or overhaul of buildings (with the exception of renovation (modernization) of apartment houses) and civil engineering works must be carried out in such a way that they will accommodate the specific needs of disabled people in compliance with the Law on Social Integration of Disabled People. 4. A construction works must be constructed and constructed, and a construction plot must be improved in such a way that during the construction and use of a constructed construction works, living and working conditions of the third parties which they enjoyed prior to the beginning of the construction, might be changed only in compliance with the provisions of normative technical construction documents and normative construction works safety and purpose documents. The conditions shall be as follows: 1) maintaining of the existing technical condition of construction works; 2) possibility to get access to roads of national and local importance; 3) possibility to make use of engineering and utility networks; 4) preservation of natural lighting in accordance with the requirements of hygiene and the design of workstations, in rooms intended for living, working or other activities of people; 5) preservation of fire safety measures established by documents regulating fire safety; 6) protection against noise made, vibration, electric disturbances and dangerous radiation; 7) protection against pollution of air, water, soil and deeper soil layers; preservation of environmental protection construction works and measures, their efficiency; preservation of nature treasures and cultural properties; preservation of valuable natural greenery; preservation of fire-fighting systems; 8) preservation of hydraulic engineering and land improvement equipment so that the hydrogeodynamic regime established by such equipment is not violated. chapter TWO TECHNICAL REGULATION OF CONSTRUCTION Article 7. Basic Principles of Technical Regulation of Construction Provisions of establishment of the system of national normative technical construction documents must be in compliance with the principles and requirements of the system of normative technical construction documents of the European Union and international organisations of which Lithuania is a member, as well as with this Law and other laws of the Republic of Lithuania, and other legal acts. Article 8. System of normative technical construction documents 1. Normative technical construction documents shall be as follows: 1) technical construction regulations - legal acts of an institution authorised by the Government (for nuclear facilities - legal acts of this institution and of the State Nuclear Power Safety Inspectorate) which directly establish technical requirements for construction works, the construction, use and maintenance thereof or by references to standards or the construction code or directions for the use and current maintenance of construction works; 2) the construction code, directions for the use and maintenance of construction works - documents adopted by the ministries, government agencies, other state institutions or legal persons, which specify the ways and methods of the implementation of technical construction regulations; 3) Lithuanian standards prepared and adopted in the manner prescribed by the recognised national standardisation institution, which apply in the field of construction, as well as European and international standards adopted as Lithuanian standards; 4) technical approvals - documents of assessment of the fitness for use of a construction product for an intended use, prepared and adopted in the manner prescribed by an institution authorised by the Government. They are prepared in the absence of appropriate Lithuanian or European standards or if preparation of such standards is not planned; 5) methodological instructions, recommendations - documents announced by design and construction enterprises, science and studies institutions which are applied voluntarily, and which specify the ways and methods of the implementation of technical construction documents. 2. Technical construction regulations shall be mandatory to all participants of construction, as well as to public administration entities, owners (users) of engineering and utility networks and traffic infrastructure, legal and natural persons the activities whereof are regulated by this Law. 3. The construction code, directions for the use and maintenance of construction works, Lithuanian standards and technical approvals shall apply voluntarily, except for the cases when technical construction regulations or other legal acts indicate that it is obligatory to apply the said rules, standards, approvals. The construction code, Lithuanian standards and technical approvals to which reference is made in design contracts or contracts, shall be binding to the parties to the concluded contract. 4. Technical construction regulations shall also include requirements of normative construction works safety and purpose documents referred to in paragraph 55 of Article 2 of this Law, by expressing them in technical parameters or references to the normative construction works safety and purpose documents. 5. Procedure for preparation and approval of normative technical construction documents (except Lithuanian standards applied in construction) shall be set by an institution authorised by the Government in the manner prescribed by laws and other legal acts. Normative construction works safety and purpose documents shall be approved by a State institution which prepared them (within the competence) after consultation with an institution authorised by the Government which is assigned to approve technical construction regulations. The Government shall determine the assignment to state institutions of the fields of standardizing of normative construction works safety and purpose documents. 6. Technical construction regulations shall be prepared with funds of the State budget. Article 9. Application of Normative Technical Construction Documents of International, European Organisations and Foreign States 1. Normative technical construction documents adopted from international and European organisations, foreign states (national), organisations of foreign states may apply in the Republic of Lithuania (if they comply with the laws of the Republic of Lithuania). They shall, in the manner prescribed by an institution authorised by the Government of the Republic of Lithuania, be given the legal status of normative technical construction documents of the Republic of Lithuania. 2. An institution authorised by the Government shall have the right to lay down the procedure of direct application in the Republic of Lithuania of the documents specified in paragraph 1 of this Article, without adopting them in the form of normative technical construction documents of the Republic of Lithuania, in the following cases: 1) when it is necessary to lay down technical requirements for the construction works which rarely occur in the Republic of Lithuania and, therefore, it is not expedient to prepare normative technical construction documents; 2) when due to the short time limits of use of investments in construction, there is no possibility to adopt the normative technical construction documents referred to in paragraph 1 of this Article; 3) when there are no normative technical construction documents which lay down the technical requirements for the construction works of certain purposes in the Republic of Lithuania – until the preparation and approval of these documents. chapter THREE MAIN AREAS OF TECHNICAL ACTIVITIES OF THE CONSTRUCTION Article 10. Main areas of technical activities of the construction 1. The main areas of technical activities of the construction shall be as follows: 1) construction investigation; 2) design of a construction works and supervision of the implementation of the design documentation of a construction works; 3) expert examination of the design documentation of a construction works, expert examination of a construction works; 4) construction operations; 5) technical supervision of the construction of a construction works. 2. The following may direct the main areas of technical activities of the construction: the head of the design documentation of a construction works, the head of a part of the design documentation of a construction works, the head of the supervision of the implementation of the design documentation of a construction works, the head of the part of the supervision of the implementation of the design documentation of a construction works, the head of the construction of a construction works, the head of special works related to the construction of a construction works, the head of the technical supervision of the construction of a construction works (the head of the general technical supervision and the head of the special technical supervision of the construction of a construction works), the head of an expert examination of the design documentation of a construction works, the head of the part of an expert examination of the design documentation of a construction works, the head of an expert examination of a construction works. The positions of the said heads may be held, according to their professional qualification, by an architect or a building engineer. The qualification requirements for the above mentioned heads shall be laid down by an institution authorised by the Government. 3. The positions of heads of the main areas of technical activities of the construction of construction works of exceptional significance, which are specified in paragraph 2 of this Article, may be held only by certified architects and building engineers. The procedure of certification shall be laid down by an institution authorised by the Government. 4. The requirements of paragraph 3 of this Article shall not apply to citizens of a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, if they have the right, according to the legal acts of that state, to hold the positions of the said heads, upon presentation of the documents confirming this right, which, in the manner laid down by an institution authorised by the Government, are recognised in the Republic of Lithuania on the basis of the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, and in the states which have not signed this Convention – on the basis of other international or interstate agreements. 5. The rights and duties of the heads working in the main areas of technical activities of the construction shall be established by an institution authorised by the Government. 6. The rules of recognition in the Republic of Lithuania of the diplomas, certificates and other documents confirming the official qualification of architect, which have been acquired in a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, as well as in any other state, including the measures which help to effectively make use of the right of establishment and the freedom to provide services shall be approved by an institution authorised by the Government. 7. The rules of recognition in the Republic of Lithuania of the diplomas, certificates and other documents confirming the official qualification of building engineer, which have been acquired in a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, as well as in any other state, including the measures which help to effectively make use of the right of establishment and the freedom to provide services shall be approved by an institution authorised by the Government. 8. The procedure of recognition in the Republic of Lithuania of the documents confirming qualifications, issued to architects of foreign states shall be set by an institution authorised by the Government. 9. Persons who have not undergone certification shall have the right to head the design, construction of a simple construction works, the supervision of the implementation of the design documentation of a construction works, the technical supervision of the construction of a construction works. Their qualification requirements shall be established by an institution authorised by the Government. 10. If the procedure of appointment (hiring) of the heads of the main areas of technical activities of the construction is not established by this Law, such procedure shall be established by an institution authorised by the Government. CHAPTER FOUR CONSTRUCTION PARTICIPANTS, THEIR DUTIES AND RIGHTS Article 11. Construction participants 1. The following shall be construction participants: 1) builder (client); 2) investigator; 3) designer; 4) contractor; 4) technical supervisor of the construction of a construction works; 5) supplier. 2. The following shall also be participants of the construction: a manager of the design of a construction works when a builder (client) selects design management as a way of organisation of design, and a manager of the construction of a construction works when a builder (client) chooses management of the construction of a construction works as a way of organisation of construction. Article 12. Rights and duties of the builder (client) 1. The builder (client) must: 1) submit to a designer the required documents relating to the preparation of the design documentation; 2) organise (or task a designer to do so) construction investigation, established by normative technical construction documents, of a construction plot, construction site and neighbouring construction works and plots that may be affected by the construction, and create conditions for an investigator to carry out investigations; 3) have a design documentation of a construction works, prepared and approved (if necessary) in a prescribed manner; organise expert examination of the design documentation of a construction works, when it is mandatory or on his own initiative; 4) obtain a documenting permitting construction in the manner prescribed by this Law; 5) organise and carry out technical supervision of the construction; 6) organise supervision of the implementation of the design documentation of a construction works when it is mandatory or on his own initiative; 7) commission (or task the contractor to do so) to make in the prescribed manner geodetic pictures of a constructed construction works or laid engineering and utility networks and traffic infrastructure; 8) organize procedures of the completion of a construction works in accordance with the procedure laid down by Article 24 of this Law; 9) upon suspending construction operations the procurement whereof is executed in compliance with the Law on Public Procurement, without taking into consideration the reasons for suspension, organise, in the manner prescribed by the Government or an institution authorised by it, conservation of the construction works which are being constructed; 10) in the case of self-dependent construction, grant permission to officials of the State Territorial Planning and Construction Inspectorate under the Ministry of Environment and officials of institutions of the state supervision of safety and purpose requirements for a construction works, persons authorised by the designer of a construction works (when this is related to the performance of their duties) to enter unhindered the construction sites, construction works (apartments located in such construction works) which are constructed (reconstructed, repaired) or demolished, upon the request of the said persons, submit to them all the documents pertaining to the construction; 11) in the event when more than one contractor participate in the designing or construction of a construction works, appoint one or several coordinators for safety and health matters who must ensure that a design documentation of a construction works provides for the health and safety requirements for workers; in the course of construction, coordinate and control the implementation of the health and safety requirements for workers, laid down in the normative legal acts; 12) publicize information about the hiring of a contractor, as well as information about the hiring or appointment of heads of the main areas of construction (the head of the supervision of …