1)the information is received from the State Territorial Planning and Construction Inspectorate under the Ministry of Environment that fact the fact of unauthorized 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 unauthorized 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 unauthorized 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 authorized 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 submit 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 authorized 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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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 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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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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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 unauthorized 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 unauthorized 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 unauthorized 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 authorization shall:
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1)immediately draw up an act on the unauthorized 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 authorization to discontinue construction operations other than the construction operations to be carried out to eliminate the consequences of unauthorized 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 unauthorized 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 unauthorized 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 unauthorized 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 authorization 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 unauthorized construction, to receive a document permitting the construction in the cases where in the plot of land (territory) in which the unauthorized 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 unauthorized 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 authorization. *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 unauthorized 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 unauthorized 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
\n
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 authorization 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 unauthorized 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 authorization, 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 unauthorized construction shall be laid down by the Ministry of Environment.
\n
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 authorization 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;
\n
2.If by its decision the court recognizes the document permitting the construction as invalid, it shall by its decision:
\n
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 unauthorized 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.
\n
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.
\n
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.
\n
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 authorized 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 authorized 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.
\n
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.
\n
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):
\n
1)a legal entity established in the Republic of Lithuania, a branch of a legal entity, a legal entity 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 entity which is established in a foreign state – upon having obtained a certificate for an appropriate activity by an institution authorised by the Government;
\n
2)a legal entity 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 entity 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.
\n
4.Repealed as of 19 May 2007.
\n
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:
\n
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;
\n
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.
\n
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.
\n
Article 30Technical supervision of the construction of a construction works
\n
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.
\n
2.The procedure for carrying out technical supervision of construction shall be established by an institution authorised by the Government.
\n
Article 31Supervision of the implementation of the design documentation of a construction works
\n
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 authorized by it, which are tailored to specific buildings which are being renovated (modernized).
\n
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 authorization - 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 authorization of the Insurance Supervisory Commission of the Republic of Lithuania allowing to perform compulsory insurance against civil liability of the designer and contractor. This authorization 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.
\n
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.
\n
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:
\n
1)use a construction works (its rooms) according to its purpose;
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2)repealed as of 1 October 2010;
\n
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, organize and/or carry out technical maintenance of a construction works;
\n
5)repair, reconstruct or demolish construction works, if their further use poses a threat to public health, life or the environment.
\n
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, to 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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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.
\n
5.Technical maintenance of a construction works shall consist of:
\n
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;
\n
1.The following public administration entities shall exercise the supervision of the use of construction works:
\n
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.
\n
3.Public administration entities which carry out supervision of the use of construction works shall enjoy the right to:
\n
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)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)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, 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, enter unhindered a construction works which is being used, with the exception of apartments and other living quarters, examine it, be provided with documents related to the use and technical supervision of the construction works.
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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 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 documents 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 43(1). Minimum requirements on the energy performance of buildings and energy certification of buildings 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,
\n
2)buildings used as houses of worship and for other religious activities;
\n
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,
\n
5)stand-alone buildings with a total useful floor area of less than 50 square meters,
\n
6)residential buildings which are intended to be used less than four months of the year;
\n
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;
\n
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.
\n
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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SECTION THIRTEEN FINAL PROVISIONS
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Article 44Liability for Violations of the Law
\n
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
\n
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.
\n
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.
\n
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.
\n
13.A fine from LTL 10000 to LTL 20000 shall be imposed on builders for unauthorised overhaul of a construction works of exceptional significance. 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.
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14.A fine from LTL 15000 to LTL 30000 shall be imposed on builders for unauthorised overhaul of a construction works of exceptional significance in the protected area. A fine from LTL 25000 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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15.A fine from LTL 3000 to LTL 5000 shall be imposed on builders for unauthorised overhaul of a construction works of non-exceptional significance. A fine from LTL 5000 to LTL 8000 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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16.A fine from LTL 5000 to LTL 8000 shall be imposed on builders for unauthorised overhaul of a construction works of non-exceptional significance in the protected area. A fine from LTL 8000 to LTL 15000 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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17.A fine from LTL 500 to LTL 1000 shall be imposed on builders for unauthorised overhaul 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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18.A fine from LTL 1000 to LTL 2000 shall be imposed on builders for unauthorised overhaul 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.
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19.A fine from LTL 10000 to LTL 20000 shall be imposed on builders for unauthorised simple repairs of a construction works of exceptional significance. 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.
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20.A fine from LTL 2000 to LTL 4000 shall be imposed on builders for unauthorised simple repairs of a construction works of exceptional significance in the protected area. A fine from LTL 3000 to LTL 6000 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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21.A fine from LTL 500 to LTL 1000 shall be imposed on builders for unauthorised simple repairs of a construction works of non-exceptional significance. 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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22.A fine from LTL 1000 to LTL 2000 shall be imposed on builders for unauthorised simple repairs of a construction works of non-exceptional significance in the protected area. A fine from LTL 1500 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.
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23.A fine from LTL 100 to LTL 200 shall be imposed on builders for unauthorised simple repairs of a simple construction works. A fine from LTL 200 to LTL 400 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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24.A fine from LTL 200 to LTL 400 shall be imposed on builders for unauthorised simple repairs of a simple construction works in the protected area. A fine from LTL 400 to LTL 800 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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25.A fine from LTL 20000 to LTL 30000 shall be imposed for unauthorised demolition of a construction works of exceptional significance on persons who demolished the construction works without authorization. A fine from LTL 30000 to LTL 45000 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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26.A fine from LTL 30000 to LTL 45000 shall be imposed for unauthorised demolition of a construction works of exceptional significance in the protected area on persons who demolished the construction works without authorization. A fine from LTL 45000 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.
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27.A fine from LTL 5000 to LTL 10000 shall be imposed for unauthorised demolition of a construction works of non-exceptional significance on persons who demolished the construction works without authorization. A fine from LTL 8000 to LTL 15000 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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28.A fine from LTL 8000 to LTL 15000 shall be imposed for unauthorised demolition of a construction works of non-exceptional significance in the protected area on persons who demolished the construction works without authorization. A fine from LTL 12000 to LTL 20000 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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29.A fine from LTL 500 to LTL 1000 shall be imposed for unauthorised demolition of a simple construction works on persons who demolished the construction works without authorization. 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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30.A fine from LTL 1000 to LTL 2000 shall be imposed for unauthorised demolition of a simple construction works in the protected area on persons who demolished the construction works without authorization. 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.
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Article 49Liability of legal persons for carrying out construction operations in violation of requirements of legal acts
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1.A fine from LTL 500 to LTL 2500 shall be imposed for construction operations carried out by a legal person, provided that a head of construction operations or heads of special construction operations have not been assigned (hired) in accordance with the procedure laid down by legal acts. A fine from LTL 2500 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 violation provided for in this paragraph.
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2.A fine from LTL 5000 to LTL 1500 shall be imposed on builders or contractors for carrying-out of construction operations without possessing the required documents, defined by legal acts, to start construction operations, expect documents permitting the construction. A fine from LTL 15000 to LTL 25000 shall be imposed on builders or contractors for the same acts committed by a legal person who has already been punished with a fine for the violation provided for in this paragraph.
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Article 50Liability of legal persons for construction in violation of solutions of the design documentation of a construction works
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A fine from LTL 200 to LTL 500 shall be imposed for the construction of a construction works in violation of solutions of the design documentation of the construction works, except essential solutions of the design documentation of the construction works. A fine from LTL 400 to LTL 1000 shall be imposed for the same acts committed by a legal person who has already been punished with a fine for the violation provided for in this Article.
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Article 51Liability of legal persons for misuse of a construction works
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A fine from LTL 5000 to LTL 25000 shall be imposed for misuse of a construction works. 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 violation provided for in this Article.
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Article 52Liability of legal persons for non-compliance with rules of technical supervision of construction works
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1.A fine from LTL 5000 to LTL 25000 shall be imposed for non-application of measures provided for in rules of technical supervision of construction works where there is a dangerous deformation of a construction works and a threat of the collapse thereof.
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2.A fine from LTL 1000 to LTL 5000 shall be imposed for non-compliance with rules of technical supervision of construction works, except the violation referred to in paragraph 1 of this Article.
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Article 53
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Liability of legal persons for non-fulfilment of lawful orders of officials exercising state supervision of construction or for preventing them from performing their duties A fine from LTL 2000 to LTL 10000 shall be imposed for non-fulfilment of lawful orders of officials exercising state supervision of the construction or for preventing them from performing their duties. A fine from LTL 5000 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 Article.
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Article 54
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Liability of legal persons for non-fulfilment of lawful orders of officials exercising supervision of the use of construction works or for preventing them from performing their duties A fine from LTL 2000 to LTL 10000 shall be imposed for non-fulfilment of lawful orders of officials exercising supervision of the use of construction works or for preventing them from performing their duties. A fine from LTL 5000 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 Article.
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Article 55Procedure of application of violations specified in Articles 46, 47, 48, 49, 50, 51, 52, 53 and 54 of this Law and consideration thereof
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Violations specified in Articles 46, 47, 48, 49, 50, 51, 52, 53 and 54 of this Law shall be applied also to branches of legal persons as well as to other foreign organizations; the indicated violations shall be investigated, considered, judgments shall be appealed against and executed in accordance with the same procedure as the violations referred to in the relevant articles of the Code of Administrative Offences.
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Version of the Annex until 1 January 2013:
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Annex to the Republic of Lithuania Law on Construction LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW 1. 85/384/EEC: Council Directive of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.
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2.Council Directive of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (89/48/EEC) (with the amendments done by Council Directive of 18 June 1992 (92/51/EEB)).
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3.Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC).
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4.Council Directive of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (89/106/EEC).
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5.Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.
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6.Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings.
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The Law shall be supplemented with new Annex 1 as of 1 January 2013:
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Annex 1 to the Republic of Lithuania Law on Construction PRINCIPLES OF PAYMENT OF A FEE FOR LEGALIZATION UNAUTHORIZED CONSTRUCTION 1. A fee for legalization of unauthorized construction (hereinafter referred to as a “fee”) shall be paid by builders (clients), owners, managers, users of construction works (parts thereof), owners, managers, users of plots of land (parts thereof) who implement the possibility provided for by this Law to obtain a document permitting the construction in the case of unauthorized construction.
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2.A fee rate shall change depending on the value of costs of construction operations carried out without authorization, including construction products which were used, however, a fee may not be less than LTL 300 or more than LTL 500000. A fee rate shall be calculated according the formula F=V2/LTL 1 m, where:
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1)“F” stands for “fee rate”;
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2)“V” stands for “value of costs”.
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3.The value of costs shall be determined by performing the expert examination of a construction works or the design documentation of a construction works according to tariffs of construction operations and prices of construction products at the time of drawing up an act on the unauthorized construction.
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4.Expert examination of a construction works or the design documentation of a construction works shall be performed on the initiative and at the expense of the person presented with the requirements specified in subparagraph 1 or 2 of paragraph 2 of Article 28 of this Law.
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5.A fee due shall be calculated by an institution issuing a document permitting the construction, pursuant to an act on the expert examination of a construction works or the design documentation of a construction works submitted by the person presented with the requirements specified in subparagraph 1 or 2 of paragraph 2 of Article 28 of this Law.
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6.A fee shall be paid prior to the issuing of a document permitting the construction.
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7.The procedure for paying a fee shall be laid down by the Ministry of Environment in conjunction with the Ministry of Finance.
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8.A fee shall be paid into the account of the State Tax Inspectorate and shall be reckoned in the account of the State Treasury in which funds of the Environmental Protection Support Programme are accumulated.
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9.Upon determining that too little fee has been paid or that a fee has not been paid at all through the fault of natural persons, legal persons, an institution issuing a document permitting the construction or other institutions, the lacking or the whole sum of the fee shall, in accordance with the procedure laid down by the law, be recovered to the state budget from natural persons, legal persons, an institution issuing a document permitting the construction or other institutions respectively.
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10.Upon determining that a fee has been overpaid, the overpayment shall, in accordance with the procedure laid down by the law, be refunded to the person who paid the fee.
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The former Annex of the Law shall be regarded as Annex 2 as of 1 January 2013:
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Annex 2 to the Republic of Lithuania Law on Construction LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW 1. 85/384/EEC: Council Directive of 10 June 1985 on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in architecture, including measures to facilitate the effective exercise of the right of establishment and freedom to provide services.
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2.Council Directive of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (89/48/EEC) (with the amendments done by Council Directive of 18 June 1992 (92/51/EEB)).
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3.Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC).
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4.Council Directive of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (89/106/EEC).
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5.Directive 2001/19/EC of the European Parliament and of the Council of 14 May 2001 amending Council Directives 89/48/EEC and 92/51/EEC on the general system for the recognition of professional qualifications and Council Directives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, 78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, 85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC concerning the professions of nurse responsible for general care, dental practitioner, veterinary surgeon, midwife, architect, pharmacist and doctor.
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6.Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings.