Official translation REPUBLIC OF LITHUANIA LAW ON CONSTRUCTION 19 March 1996 No I-1240 Vilnius (As last amended on 3 May 2007 No X-1111) SECTION ONE GENERAL PROVISIONS Article 1. The Purpose and Scope of the Law 1. This Law shall establish the essential requirements for all construction works which are being built, reconstructed and repaired within the territory of the Republic of Lithuania, the procedure for technical regulation of construction, construction investigation, design of construction works, construction, reconstruction, repair of new construction works, acceptance of them as fit for use, utilisation and maintenance, demolition of construction works, as well as the procedure of supervision over the above activities, the principles of activities of the participants in the construction, public administration entities, owners (or users) of engineering and utility networks and traffic routes, other legal and natural persons in this field. 2. This Law shall not apply when establishing: 1) requirements for construction works designated for the use of natural resources (as defined in the Underground Law), with the exception for the requirements established in paragraph 1 of Article 4 of this Law; 2) requirements regarding research of immovable cultural heritage and maintenance operations of heritage protection of construction works as well as the procedures related thereto, which are laid down in the Law on the Protection of Immovable Cultural Heritage, with the exception of the requirements established in paragraph 1 of Article 4 and paragraph 1 of Article 13 of this Law; 3) requirements for economic commercial or any other activities carried out in a construction works which is being used. 3. This Law has been harmonised with the legal acts of the European Union referred to in the Annex to this Law. Article 2. Main Definitions Used in this Law 1. “Architecture of a construction works” means a form of internal space and the outside of a construction works as a work of art, arrangement of parts of a construction works, an artistic expression their forms and interrelation of all elements of a construction works. 2. “Construction works” means everything that results from construction operations using construction products and is steadily fixed to the ground. Such shall include buildings (dwelling, industrial, commercial, office, health care, educational, recreational, agricultural buildings and others) and engineering works or mixed-type construction works (buildings attached to engineering works), annexes, superstructures and their parts, constructions of equipment, technological engineering systems and engineering systems of a construction work. The definition “steadily fixed to the ground” shall mean that structures constructions of a construction works are embedded in the ground (bottom of seas, lakes, rivers or other water bodies) or lean on the ground (bottom of water bodies). 3. “Construction works of exceptional significance” means a construction works in which dangerous substances are used or stored (not exceeding the set limits of their amount); a construction works in which potentially dangerous equipment are situated or potentially dangerous works are performed; a construction works of complex structure and complex technologies (according to features of complexity and technical parameters set by normative technical construction documents); a building used for public needs in which more than 100 people are present at a time; a construction works of cultural heritage. A list of construction works assigned to the category of construction works of exceptional significance shall be approved by an institution authorised by the Government. 4. “Temporary construction works” means a construction works intended to be used not longer than 3 years, produced made in a factory or made of assembled structures which may be disassembled or carried somewhere else and which is without foundations, but leans on the ground: a kiosk, a street trading, entertainment or exhibition pavilion, an exhibition showpiece, tent coating or pneumatic cover, a trailer, a container, a various-purpose platform with an artificial cover, a construction works intended for needs of builders, researchers or purposes of other limited activities. A temporary construction works and the rights to it shall not be recorded in the real property register; 5. “Incomplete construction works” means a construction works which, because of incomplete construction operations, cannot be used for its proper purpose and is recognised as being fit for use. 6. “Simple construction works” means a building of simple structures, the sum total of areas of all storeys, basement (semi-basement), superstructures, attic of which and areas of the annexes related by the purpose of use, calculated within the outside surfaces of the outside walls shall not exceed 80 m2; an engineering works of simple structures. Characteristics and technical parameters of simple constructions of a building and an engineering works shall be established by normative technical construction documents. 7. “Building” means a construction works with the roof which contains one or more rooms or other premises, situated within the walls and partitions and used for living or agricultural, commercial, cultural, transportation and other activities. 8. "Public building" means a hotel or other establishment providing short-term accommodation; an office building; a building used for retail or wholesale trade; an airport, railway, bus station building; a building used for public performances; a building of an educational or health and care institution; a building for public worship and other religious activities. 9. “Engineering works” means traffic routes, engineering and utility networks, canals, as well as all other construction works, which are not buildings. 10. “Engineering and utility networks” means public or local water, sewage, heat, gas, oil or other fuel, technology pipelines, electricity-supply, energy and distance communication (telecommunication) lines together with their supply sources and equipment laid within the construction plot of a construction works (except the inside of the construction works) and outside its boundaries. 11. “Traffic routes” means places of traffic of the transport of all kinds (biotransport, railway, road, sea, air, internal waters, electric traction) and pedestrians (roads, streets). 12. "Construction works of cultural heritage" means a building which has valuable properties, its part, engineering works or its surviving part, monumental immovable works of art. 13. “Construction” means activities the purpose of which is to construct (assemble, lay) a new construction works, reconstruct or repair the existing construction works. This definition shall also include construction operations related to maintenance of construction works of cultural heritage or construction of construction works within the territory of objects of cultural heritage. 14. "Management of construction of a construction works" means a type of organisation of construction of a construction works when construction and works of other main spheres of technical construction activities related to the construction are organised by a manager of construction of a construction works on the basis of a contract of agency between the principal - builder (client) and the agent - manager of construction of a construction works. 15. “Construction operations” means all operations carried out when building or demolishing a construction works (land digging, plastering, concrete work, installation work, foundations and roof erection, joinery work, exterior and interior finish, setting in motion and adjustment of equipment). Construction operations shall be divided into general works (earthworks, building and installation works of structures) and special works (other construction operations). Types of special works shall be established in normative technical construction documents. 16. “Self-dependent construction” means a type of organising construction when construction operations are carried out and a construction works, fit for use, is created at builder's (client's) own risk, without concluding a contract, using the builder's (client's)  manpower, construction products, equipment owned by the builder (client). 17. “Construction of a new construction works” means a type of construction the purpose of which is to build a new construction works on a construction plot which locates or does not locate construction works; to build an overground or underground annex of an existing construction works without taking into consideration whether they are or are not related by their purpose (except construction of annexes which is identified as the reconstruction of a construction works according to paragraph 18 of this Article); to rebuild the former construction works (which has fallen down, has been destroyed, has been torn down). 18. “Reconstruction of a construction works” means a type of construction with the aim to change essentially the existing construction works, to create its new quality: to build new storeys (superstructures) or demolish a part of the existing storeys (without exceeding dimensions of the land area occupied by the construction works, except the case of an annex indicated in this paragraph); to attach to the construction works (or to build it between the neighbouring construction works) an annex - an accessory building (which is related to the construction works it is attached to according to the purpose of use), the sum of the areas of all storeys, as well as the basement (semi-basement), superstructures, the attic of which would not exceed 10 per cent the sum of the areas of the construction works, calculated in the same manner; to essentially change the look of the facades of a construction works (by changing exterior finish - its structures, materials, by installing new structure elements - balconies, doors, windows, architectural details, by changing their dimensions, the type, arrangement or removing them); to replace any load-bearing structures (to remove unnecessary ones) with structures of a different type; to change essentially a plan of premises of a building by rearranging load-bearing structures; to carry out thermoinsulation works of walls, roof of a construction works; to do major repairs of a construction works, specified in paragraph 20 of this Article, if such repairs are done together with the reconstruction of a construction works; to remodel joint engineering systems of a construction works by changing their type, output; to reconstruct technological equipment and technological engineering systems, engineering and utility networks and traffic routes as it is laid down in normative documents pertaining to the safety and purpose of a construction works; to adapt a construction works to a new purpose when the requirements for a new purpose of a construction works, set by normative technical construction documents and normative documents pertaining to the safety and purpose of a construction works are stricter than those set for the former purpose and when such requirements cannot be met when doing simple or major repairs. 19. “Repair of a construction works” means a type of construction aimed at partly or totally restoring the properties of a construction works or a part thereof set by normative technical construction documents, which have got worse because of the exploitation of a construction works, or at improving the said properties. Repairs of a construction works shall be divided into major and simple repairs of a construction works. 20. "Major repairs of a construction works" means repairs of a construction works when: worn load-bearing structures of a construction works (except load-bearing walls, carcass and foundations which are only reinforced) are replaced with load-bearing structures which have the same or durable and better properties of use, or the existing load-bearing structures are reinforced; the look of the facades of a construction works are partly changed (by changing a part of facade elements or by installing new additional elements - balconies, doors, windows, architectural details, by replacing worn exterior finish of a construction works with exterior finish of the same or different type); replacing worn joint engineering systems of a construction works or their parts with the systems (elements) of the same type without exceeding their output; installing separate engineering systems of a construction works; doing major repairs of technological equipment and technological engineering systems, engineering and utility networks and traffic routes specified in normative documents pertaining to the safety and purpose of a construction works. 21. "Simple repairs of a construction works" (corresponds to the definition “current repair” as used in the Civil Code) means repairs of a construction works when: repairs of internal and external structures of a construction works and other elements of a construction works - by eliminating defects of such elements without changing and reinforcing load-bearing structures of the construction works, but changing and reinforcing other structures and elements of the construction works; changing the location of partitions; slightly changing the facade of a construction works (exterior finish is renewed, loggias, balconies of separate apartments of the residential house are glazed in, windows, doors, extraction vents of apartments or other premises are changed without changing the dimensions of each of them more than 10 per cent), replacing separate engineering systems of the construction works (their types, output) or eliminating their defects; eliminating defects of joint engineering systems of the construction works - by replacing separate worn elements of these systems, but without changing their type or output;  repairing parts of joint engineering systems of a construction works, which are intended only for apartments or other premises, by rearranging, changing such parts of the systems essentially or partially, but not changing communal-use elements of joint engineering systems of the construction works which are located in apartments or other premises; doing simple repairs of technological equipment and technological systems, engineering and utility networks and traffic routes specified in normative documents pertaining to the safety and purpose of a construction works. 22. “Construction operations pertaining to maintenance of immovable cultural heritage properties” means construction operations carried out in a construction works of cultural heritage or within its territory. 23. “Construction site” means a location where building of a construction works is undertaken (territory the limits whereof are set in the design documentation of a construction works, taking into consideration the ongoing construction operations, which may or may not coincide with the limits of a construction plot). If the limits of a construction site and the limits of a construction plot do not coincide, a plot of land which is not owned by the builder (client) or is not owned and used on other grounds set laws of the Republic of Lithuania and the limits of which are established by the agreement between the builder (client) and the owner of such plot of land (or a person who disposes of land); a construction works - when all construction operations are carried out inside the construction works. 24. “Construction plot” means a fixed-limit plot of land of a targeted purpose of land use (part of the territory), where construction operations are carried out. 25. “Improvement of a construction plot” means formation of plot terrain (lowering, heightening, levelling), laying of engineering and utility networks and traffic routes of the plot, installing of playgrounds or other sites, erecting of fences, planting. 26. “Construction investigation” means engineering geodetic investigations, engineering geological, geotechnical and other researches of a construction plot (or, when necessary, of adjoining territories), of plots of engineering and utility networks (which have to be laid or which already exist and are under construction) as well as of traffic routes (courses) which are established in the set of design conditions for a construction works; environmental, hygiene, archaeological researches; when the existing construction works is being reconstructed or repaired or when a new construction works is attached to the existing construction works (building it close to such construction works) - researches of existing and adjacent construction works which may be influenced by planned construction operations; observations of the settlement and deformation of the existing buildings. 27. “Design documentation of a construction works” means a set of documents, the composition of which are established by normative technical construction documents, which contain solutions of a construction works conceived by the builder (client) (text, parts of a design documentation, calculations, drawings) and are intended for legalisation and carrying-out of construction of a construction works. 28. “Design of a construction works” means architectural engineering activities with the aim to prepare a design documentation of a construction works. 29. "Management of design of a construction works" means a type of organisation of design of a construction works when design and works of the main fields of other technical construction activities, related to the design, are organised by a design manager on the basis of a contract of agency between the principal - builder (client) and the agent - design manager. 30. “Mandatory documents related to the preparation of a design documentation of a construction works” means physical planning documents (in the cases provided for by the Law on Territorial Planning), documents confirming the right of ownership or other rights to the land (construction plot); design proposals (if prepared); the set of design conditions for a construction works, a task of design of a construction works, documents pertaining to investigations of a construction works and a construction plot. 31. "Design proposals" means a preliminary design the purpose of which is to express the idea of architectural and other main solutions of a construction works being designed, and which is presented as material for a competition to choose a designer and may be used for the preparation of design conditions.   32. “Design conditions for a construction works” means mandatory requirements if they are not set out or specified comprehensively in physical planning documents: to lay public and local engineering and utility networks, to connect to them engineering systems of a construction works and technological engineering systems, as well as engineering and utility networks of a construction plot; to lay traffic routes, to connect to them traffic routes of a construction plot; the director of the administration of a municipality (the civil servant of the administration of that municipality, authorised by him) shall set urban development requirements for architecture of a construction works and improvement of a construction plot, which are in compliance with the requirements (regulations) for improvement or safety of a construction plot (or the territory) established in physical planning documents, taking into consideration the purpose of a construction works, a specific location of the construction and the immediate areas surrounding it, protection of legitimate rights of the third parties related to construction of a construction works; requirements for reconstruction of communal-use premises in a multi-family apartment house and changing of the purpose of domestic premises; documents of the assessment of an impact of planned economic activities on the environment (in the cases provided for in the Law on the Assessment of an Impact of Planned Economic Activities on the Environment); requirements for the use of natural resources set by an environmental protection institution (in the event when the assessment of an impact of planned economic activities is not mandatory, but such institution's permission to use natural resources is necessary upon the completion of construction); provisional regulations on the protection of immovable cultural heritage, issued by an institution responsible for the protection of immovable cultural heritage, as defined in the Law on Protection of Immovable Cultural Heritage; individual regulations (or provisional regulations) on protected areas, approved by an institution authorised by the Government, as defined in the Law on Protected Areas; other requirements established by law. 33. “Set of design conditions for a construction works” means a general document of terms and conditions, laid down in paragraph 32 of this Article and approved for a specific construction works by the director of the administration of a municipality (the civil servant the administration of that municipality, authorised by him). 34. "Approval of a design documentation of a construction works" means consent to a prepared design documentation of a construction works in the form of a regulative document - when a builder (client) is a legal person of Lithuania or a foreign state, or by marking the design documentation of a construction works with the word "approved" and signing it - when a builder (client) is a natural person of Lithuania or a foreign state. In both cases main technical and economic indexes of a construction works as well as environmental and landscape requirements shall be specified.  35. “Expert examination of a design documentation of a construction works” means evaluation of implementation in the design documentation of a construction works of the essential requirements for a construction work, indicated in paragraph 1 of Article 4 of this Law, as well as the requirements of other laws and legal acts, normative technical construction documents and mandatory documents related to the preparation of a design documentation of a construction works. 36. “Expert examination of a construction works” means evaluation of a technical condition of the existing construction works or a construction works under construction with the aim to establish whether the construction works satisfies the essential requirements of a construction works, specified in paragraph 1 of Article 4 of this Law. 37. “Supervision of the implementation of a design documentation of a construction works” means supervision of construction organised by the builder (client) and carried out by the designer, the purpose of which is to control that a construction works would be built in compliance with a design documentation of a construction works and that architecture of the construction works, created in the design documentation, would be implemented. Supervision of the implementation of a part of the design documentation of a construction works shall be a part of supervision of the implementation of the design documentation of a construction works. 38. “Technical supervision of construction of a construction works” means supervision of the construction of a construction works organised by the builder (client) (from the beginning of construction of a construction works to the acceptance of the construction works as fit for use), the purpose of which is to control if construction is carried out in compliance with the design documentation of a construction works, the requirements of the contract (when the construction is carried out by contracting), laws, other legal acts, normative technical construction documents, normative documents related to the safety and purpose of a construction works. 39. “State supervision of construction” means state supervision of preparation of design conditions for a construction works, issuing of the set of design conditions for a construction works and other mandatory documents related to the preparation of a design documentation of a construction works, carrying-out and inspection of an expertise of design documentation of a construction works at the permanent construction commission, compliance  design, construction, its acceptance as fit for use, from the beginning of construction to the acceptance of a construction works as fit for use, as well as supervision of the demolition of a construction works. 40. “Standard quality of a construction works” means quality of a design documentation of a construction works, construction operations and a built construction works which meets the requirements set by normative technical construction documents and normative documents related to the safety and purpose of a construction works. 41. “Builder (Client)” means a natural or legal person of Lithuania or a foreign state who invests funds into construction and performs at the same time functions of a builder (client) (or transfers such functions to any other natural or legal person). 42. "Investigator" means a natural person, a legal person, any other foreign organisation to whom the laws and other legal acts, regulating an appropriate field of investigations, grant the right to exercise such investigations. 43. “Designer of a construction works” means a natural person, a legal person, any other foreign organisation who has the right established by this Law, to carry out design work of a construction works. 44. "Head of a design of a construction works" means an architect or building engineer who, representing the interests of the builder, organises, in a manner prescribed by normative technical construction documents, preparation of a design documentation of a construction works, co-ordinates solutions of the parts of a design documentation of a construction works and activities of heads of the parts of a design documentation of a construction works, supervises and is responsible for the implementation in the design documentation of a construction works of the requirements of laws, other legal acts, normative technical construction documents and normative documents related to the safety and purpose of a construction works, mandatory documents related to the preparation of a design documentation.  45. "Architect of a construction works" means an architect who is an author of a concrete construction works as a work of architecture and/or the head of an architectural part of the design documentation. A team of natural persons may also be an architect of a construction works.   46. “Designer of the design documentation of a construction works” means an architect or a building engineer who solely prepares a design documentation of a construction works, is its head or prepares a design documentation of a concrete construction works, headed by another head of this design documentation. A team of natural persons managed by the head of the design documentation may be a designer of the design documentation of a construction works, which consists of heads of the parts of the design documentation of a construction works, other architects and building engineers. 47. "Designer of a constituent part of the design documentation of a construction works” means an architect or a building engineer who solely prepares a constituent part of the design documentation of a construction works and is its head, or solely prepares a part of the design documentation of a concrete construction works, headed by another head of this part of the design documentation. A team of natural persons may be a designer of a part of the design documentation of a construction works, which consists of architects and building engineers. 48. "Manager of the design documentation of a construction works" means a natural person, a legal person, any other foreign organisation functioning as an agent of the principal - the builder (client) who manages design work of a construction works, organises works related to other main spheres of technical construction activities, which are done by a natural person, a legal person, any other foreign organisation hired by him. 49. “Contractor of construction of a construction works” (hereinafter referred to as the “contractor”) means a natural person, a legal person, any other foreign organisation who has the right to engage in construction, established by this Law. 50. "Head of construction of a construction works" means a building engineer who, representing the contractor (when construction is carry out by contracting) or the builder (client) (in the case of self-dependent construction) and implementing a design documentation of a construction works from the beginning of construction to the acceptance of the construction works as fit for use, heads construction operations, at the same time being the head of general construction operations, co-ordinates the carrying-out of special construction operations and the activities of heads of such works, and, within his competence, is responsible for the standard quality of the built construction works. 51. "Technical supervisor of construction of a construction works" means an architect or a building engineer who, representing the builder (client), heads engineering supervision of construction of a concrete construction works, performs functions assigned to the head of general engineering supervision of construction of a construction works (general construction operations), co-ordinates special supervision of construction of a construction works, activities of heads thereof, and, within his competence, is responsible for the standard quality of the built construction works. 52. "Manager of construction of a construction works" means a natural person, a legal person, any other foreign organisation acting as the agent of the principal - the builder (client), who manages construction of a construction works, organises construction operations and works related to other main fields of technical construction activities which are carried out by a natural person, a legal person, any other foreign organisation hired by him and enjoying such a right.   53. “Supplier” means a natural person, a legal person, any other foreign organisation who is a producer (his representative) of construction products, a distributor, an importer, a service organiser and the like. 54. “Normative technical construction document” means a document which sets requirements, rules, general principles and characteristics pertaining to design, construction, acceptance as fit for use, use, supervision and demolition of a construction works. It shall comprise technical regulations for construction, rules, standards, technical approvals, methodological instructions, recommendations for construction, use and supervision of a construction works. 55. "Normative documents pertaining to the safety and purpose of a construction works" means documents which, on the basis of other laws and legal acts, sets requirements for the protection and safety of a construction works, protection and safety of people who use such construction works, protection and safety of construction works' environment according to the spheres indicated in paragraph 1 of Article 6 of this Law, taking into consideration the purpose of a construction works (type of a construction works) and activities planned in it. Such documents shall also set the following requirements for the purpose of a construction works: calculation of dimensions of a construction works (depending on the purpose of a construction works), functional relations between the parts (premises) of a construction works, serviceability, efficiency and safety of construction works, technological and energy equipment, technological engineering systems, technological and energy processes; water, waste water, energy carriers and the likes supplied by engineering and utility networks and used by engineering systems of a construction works; soil humidity regime regulated by agricultural land improvement systems, and agricultural practices. 56. “Institutions of State supervision of requirements for the safety and purpose of a construction works” means State which have management powers and carry out the activities within a certain field, established by laws and Government resolutions, or exercise State supervision of construction operations related to the requirements for the safety and purpose of a construction works. 57. “CE” means a mark confirming that a construction product satisfies the requirements for such product set by the effective legal acts of the European Union.   58. “Construction product” means any product which is produced for fitting, incorporation, putting or installation  in a building or engineering works for a long period of time. 59. “Technical approval” means a document which confirms a technical assessment of the fitness for use of a construction product, based on the essential requirements for a construction works for which the product is used, and establishes technical requirements for a construction product. 60. “Technical specification” means a document (a part of the document) the technical requirements laid down wherein must be met by a defined product, process or service. Standards and technical approvals are specifications of construction products. 61. “Engineering systems of a construction works” means engineering systems of spaces of a construction works (their parts, beds) intended for the use and maintenance of the construction works, satisfying the needs of individuals living, working or otherwise exploiting the construction works: water-supply, waste water removal, heating,  ventilation, air-conditioning, gas, electric, distance communication (telecommunications), fire protection, detection, alarm and extinction, garbage collection systems, passenger lifts and other systems, as well as systems of their control, management, automatisation and alarm. 62. “General engineering systems of a construction works” means engineering systems of the whole building (all spaces of the building) which ensure the functioning of these spaces and satisfy the needs of their users. 63. “Separate engineering systems of a construction works” means engineering systems of one or several spaces of the building, independent of other systems (do not connected with the general engineering systems of the building), which ensure the functioning of such spaces and satisfy the needs of their users. 64. “Technological engineering systems” means industrial-purpose systems in a construction works intended for ensuring technological processes taking place in the construction works and normal functioning  of technological  equipment in the construction works. These are water-supply, waste water removal, heating, ventilation, air-conditioning, gas, fuel-supply, electric, distance communication (telecommunications) and information, fire protection, detection, alarm and extinction, smoke, garbage disposal, waste collection, freight elevator and other systems intended to satisfy technological needs. 65. “Public engineering and utility networks” means engineering and utility networks intended to satisfy the needs of users of cities, towns, villages (or separate parts, zones thereof), together with general supply sources of the networks. 66. “Local engineering and utility networks” means engineering and utility networks (together with their supply sources) intended to satisfy the needs of one user or a group of users. 67. “Equipment” means machines, devices, appliances  intended to produce energy, materials and to receive, transmit or transform information. 68. “Load-bearing structures” means structural elements of a construction works the essential purpose whereof is to bear loads (of structures, equipment, snow, wind, people, ground and others). 69. “Hidden structures of a construction works and hidden construction operations” means structures hidden by other structures assembled later or construction operations hidden by operations carried out later. 70. “Economically reasonable working life of a construction works” means a period during which it is reasonable to exploit a construction works, maintaining its exploitation characteristics which satisfy the essential requirements of a construction works, taking into consideration all the interdependent aspects: expenses related to the design, construction, exploitation and insurance of a construction works which is being exploited, expenses incurred in order to avoid exploitation shortcomings; the risk and consequences of collapse of a construction works during the period of its exploitation; planned partial renovation; expenses related to cleaning, technical services, maintenance and repair. 71. "Unauthorised construction of a construction works" means construction of a construction works without a construction permit obtained in the manner prescribed by this Law or performance of construction operations when the validity of a construction permit has expired (in the case of a simple construction works - without a mandatory document specified in normative technical construction documents or when the validity of such a document has expired), as well as when the court has recognised a construction permit as illegal; construction of a construction works (its part) with a valid construction permit (in the case of a simple construction works - with a mandatory document specified in normative technical construction documents), but in violation of the essential decisions of the design documentation of a construction works, i.e. changing the determined place of a construction works in the construction plot, the purpose of a plot, a construction works or its part, the permissible density of development of a plot, the permissible height of a construction works, the requirements laid down in the regulations on the protection of a protected area or the provisional regulations on the protection of a construction works of cultural heritage are not complied with. 72. “Use of a construction works” means utilization of the characteristics of a construction works, created on the basis of the key requirements for a construction works, to satisfy the needs of a user. 73. “User of a construction works” means an owner of a construction works or any other natural or legal person who uses a construction works (its part) on the basis of the laws, administrative acts, agreements or court decisions of the Republic of Lithuania. 74. “Supervision of a construction works” means the totality of technical, organisational and public administration measures, laid down by this and other laws, and other legal acts, when carrying out the engineering supervision of a construction works and the supervision of the use of a construction works. 75. “Engineering supervision of a construction works” means the totality of technical and organisational measures organised by a user of a construction works and laid down by this and other laws, and other legal acts, which guarantees the key requirements, established in paragraph 1 of Article 4 of this Law during the whole economically-justified duration of a construction works. 76. “Supervision of the use of a construction works” means the control exercised by an entity of public administration aimed at determining whether or not the engineering supervision of a construction works meets the requirements of this and other laws and other legal acts, as well as normative technical construction documents. 77. “Purpose of a construction works” means the purpose of the use of a construction works specified in the public register of a construction works (for people to reside, for economic-commercial or other activities), when the construction works meets the mandatory requirements for safety and activities (technological process) planned (carried out) in it, which are defined in normative documents pertaining to the safety and purpose of a construction works. 78. “Technical supervisor of a construction works” means a natural or legal person who exercises the technical supervision of a construction works on the basis established by paragraphs 1 and 2 of Article 41 of this Law and according to the requirements laid down by paragraph 3 of the said Article.  79. “Architecture” means functional spatial and visually perceptible artistic formation of construction works, objects of landscape and territorial planning. 80. “Architect” means a natural person who holds the documents granting the right to practice architecture by making use of the professional qualification of architect, the right of establishment and provision of services, which were issued in a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, upon having verified the fact of holding the said documents and recognised them in Lithuania. These documents, issued in any other state, shall be recognised in the Republic of Lithuania after having verified whether or not they grant the professional qualification of architect and the right to practice architecture in that state and whether or not they meet the requirements for such activities posed in the Republic of Lithuania. 81. “Activities of the architect” means activities carried out when holding the professional qualification of architect. 82. “Building engineer” means a natural person who holds the documents granting the right to be engaged in activities of the building engineer by making use of the professional qualification of building engineer, the right of establishment and provision of services, which were issued in a member state of the European Union, the Swiss Confederation or a state which signed the EEA Agreement, upon having verified the fact of holding the said documents and recognised them in the Republic of Lithuania. These documents, issued in any other state, shall be recognised in the Republic of Lithuania after having verified whether or not they grant the professional qualification of building engineer and the right to be engaged in activities of the building engineer in that state and whether or not they meet the requirements for such activities posed in the Republic of Lithuania. The definition “building engineer” shall apply to an engineer whose education grants the professional qualification necessary to be engaged in the activities comprising one, several or all main spheres of construction technical activities, as established in paragraph 1 of Article 10 of this Law. 83. “Activities of the building engineer” means activities carried out when holding the professional qualification of building engineer. 84. “Any other foreign organisation” means an organisation established in a foreign state, which does not have the status of a legal entity, but having the civil capacity under the law of that state. 85. “Construction waste” means waste arising during construction, reconstruction, maintenance or demolition. 86. “Energy performance of a building" means the amount of energy actually consumed or estimated to meet the needs associated with a standardised use of the building. 87. “Certification of energy performance of a building" means a process regulated by legal acts in the course of which the energy performance of a building is established, the energy performance of a building is evaluated, attributing a building to a energy performance class, an energy performance certificate of a building is issued.      88. “Expertise contractor” means a legal person, any other foreign organisation which is entitled to carry out an expertise of design documentation or a construction works. Article 3. The Right to be a Builder (Client) and its Implementation 1. The right to be a builder (client) in the Republic of Lithuania shall be enjoyed by natural and legal persons of Lithuania and foreign countries. 2. Such right shall be exercised in cases when: 1) the builder (client) owns a plot of land or holds and uses it on other grounds  established by the laws of the Republic of Lithuania; 2) the builder (client) has a prepared, in a prescribed manner, and approved (when it is mandatory) design documentation of a construction works or a design documentation of construction operations pertaining to maintenance of a construction works of the cultural heritage; 3) the builder (client) has a construction permit issued in the prescribed manner. 3. Requirements under paragraph 2 of this Article shall not apply or apply in part when simple construction works or their parts are designed and constructed, or simple repairs of a construction works are carried out. The list of simple construction works shall be approved and the procedure of design, construction, acceptance as fit for use and demolition thereof shall be approved by an institution authorised by the Government. Article 4. Essential Requirements for a Construction Works 1. A construction works (a part thereof) must be designed and built from such construction products the characteristics of which would satisfy the following essential requirements for a construction works for an economically reasonable working life: 1) mechanical resistance and stability, i.e. the loadings that are liable to act on a construction works during its construction and use will not lead to any of the following: collapse of the whole or part of the work, major deformations to an inadmissible degree, damage to other parts of the works or to fittings or installed equipment; damage by an event which may be avoided or limited without major difficulties and expenses (explosion, blow, overload, mistakes made by individuals); 2) safety in case of fire, i.e. in the event of an outbreak of fire the load-bearing capacity of the construction can be assumed for a specific period of time; the generation and spread of fire and smoke within the construction works are limited, the spread of the fire to neighbouring construction works is limited; people inside the works can safely leave it or they can be saved in other ways; fire alarm and extinguishing systems are operable; the safety of rescue teams (firemen) is taken into consideration; 3) hygiene, health and the environment, i.e. it will not be a threat to the hygiene or health of the occupants or neighbours, in particular as a result of any of the following: the giving-off of toxic gas, the presence of dangerous particles or gases in the air, the emission of dangerous radiation, pollution or poisoning of the water or soil, faulty elimination of waste water, smoke, solid or liquid wastes, the presence of damp in structures of the construction works or on surfaces within the construction works; 4) safety in use, i.e. that it does not present unacceptable risks of accidents in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion; 5) protection against noise, i.e. noise perceived by the occupants or people nearby is kept down to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions; 6) energy economy and heat retention, i.e. the amount of thermal energy required in use shall not exceed the required amount, having regard to the climatic conditions of the location and the occupants (i.e. calculated in accordance with the requirements of hygiene norms and the purpose of a building or its spaces). 2. The essential requirements laid down in paragraph 1 of this Article (one, several or all) and the technical parameters of the construction works pursuant to the levels and classes of characteristics of construction works or construction products shall be established by legal acts of the institutions authorised by the Government according to the competence established by the Government. 3. Classification of construction works according to their purpose, and their working life (taking into consideration the construction products they are built from, climatic conditions and the purpose of use) shall be established in normative technical construction documents. Article 5. Essential Architectural Requirements for a Construction Works Architecture of a construction works must be such that: 1) it will satisfy the essential requirements for a construction works laid down in Article 4 of this Law; 2) it harmonises with the landscape; 3) it will satisfy the urban development requirements for architecture and improvement of a construction plot established in the set of design conditions issued by the director of the administration of a municipality (a civil servant of the administration of the municipality, authorised by him), normative technical construction documents and normative documents pertaining to the safety and purpose of a construction works; 4) it is fit for the intended use of a construction works; 5) it will satisfy the requirements for engineering systems and technological engineering systems of a construction works. Article 6. Protection of the Environment, Landscape, Immovable Cultural Heritage Properties and other Types of Protection (Safety), Protection of Interests of the Third Parties 1. When carrying out construction investigations, preparing a design documentation of a construction works, constructing and accepting a construction works as suitable for occupancy, as well as when using and carrying out the maintenance of a construction works, it shall be mandatory to act in compliance not only with this Law, but other laws, legal acts and normative documents pertaining to the safety and purpose of a construction works, approved in the prescribed manner, regulating: 1) the environmental protection and the assessment of an impact of planned economic activities on the environment; 2) protection of protected areas, landscape, immovable cultural heritage properties and their territories; 3) fire safety; 4) health protection and public health care; 5) labour protection and public health safety; 6) nuclear safety and technical safety of energy units, equipment; 7) surveillance of potentially dangerous equipment; 8) maintenance of a construction works. 2. Regulated distances between construction works, between construction works and limits of a construction plot shall be fixed in normative technical construction documents by an institution authorised by the Government, taking into consideration the requirements laid down in paragraph 1 of Article 4 of this Law and  paragraph 1 of this Article. 3. Design, construction, reconstruction and major repairs of buildings and engineering works must be carried out in such a way that they will satisfy the specific needs of the disabled persons in compliance with the Law on Social Integration of Invalids. 4. A construction works must be constructed and built, and a construction plot must be improved in such a way that during the construction and use of a built construction works, living and working conditions of the third parties which they enjoyed prior to the beginning of the construction, might be changed only in compliance with the provisions of normative technical construction documents and normative documents pertaining to the safety and purpose of a construction works. The conditions shall be as follows: 1) maintaining of the existing technical condition of construction works; 2) possibility to get access to roads of national and local importance; 3) possibility to make use of engineering and utility networks; 4) preservation of natural lighting in accordance with the requirements of hygiene and the design of workstations, in the premises intended for living, working or other activities of people; 5) preservation of fire safety measures established by documents regulating fire safety; 6) protection against noise made, vibration, electric disturbances and dangerous radiation; 7) protection against pollution of air, water, soil and deeper soil layers; preservation of environmental protection construction works and measures, their efficiency; preservation of nature treasures and cultural properties; preservation of valuable natural greenery; preservation of fire-fighting systems; 8) preservation of hydraulic engineering and land improvement equipment so that the hydrogeodynamic regime established by such equipment is not violated. SECTION TWO TECHNICAL REGULATION WITH RESPECT TO CONSTRUCTION Article 7. Basic Principles of Technical Regulation with Respect to Construction Provisions of formation of a system of national normative technical construction documents must be in compliance with the principles and requirements of the system of normative technical construction documents of the European Union and international organisations of which Lithuania is a member, as well as with this Law and other laws of the Republic of Lithuania, and other legal acts. Article 8. System of Normative Technical Construction Documents 1. Normative technical construction documents shall be as follows: 1) technical construction regulations - legal acts of an institution authorised by the Government (for nuclear facilities - legal acts of this institution and of the State Nuclear Safety Inspectorate) which directly establish technical requirements for construction works, construction, use and maintenance thereof or by references to standards or code of practice, or rules of the use and current maintenance of construction works; 2) code of practice or rules of the use and current maintenance of construction works - documents adopted by the ministries, government agencies, other State institutions or legal persons, which specify the ways and methods of the implementation of technical construction regulations; 3) Lithuanian standards prepared and adopted in the manner prescribed by the recognised national standardisation institution, which apply in the field of construction, as well as European and international standards adopted as Lithuanian standards; 4) technical approval - documents of assessment of the fitness for use of a construction product for an intended use, prepared and adopted in the manner prescribed by an institution authorised by the Government. They are prepared in the absence of  appropriate Lithuanian or European standards or if preparation of such standards is not planned; 5) methodological instructions, recommendations - documents announced by design and construction enterprises, science and studies institutions which are applied voluntarily, and which specify the ways and methods of the implementation of technical construction documents. 2. Technical construction regulations shall be mandatory to all participants of construction, as well as to public administration entities, owners (users) of engineering and utility networks and traffic routes, legal and natural persons the activities whereof are regulated by this Law. 3. The code of practice, rules of the use and current maintenance of construction works, Lithuanian standards and technical approvals shall apply voluntarily, except for the cases when technical construction regulations or other legal acts indicate that it is obligatory to apply the said rules, standards, approvals. The code of practice, Lithuanian standards and technical approvals to which reference is made in design contracts or contracts, shall be binding to the parties to the concluded contract. 4. Technical construction regulations shall also include requirements of normative documents of the safety and purpose of a construction works referred to in paragraph 55 of Article 2 of this Law, by expressing them in technical parameters or references to the normative documents of the safety and purpose of a construction work. 5. Procedure for preparation and approval of normative technical construction documents (except Lithuanian standards applied in construction) shall be set by an institution authorised by the Government in the manner prescribed by laws and other legal acts. Normative documents of the safety and purpose of a construction works shall be approved by a State institution which prepared them (within the competence) after consultation with an institution authorised by the Government which is assigned to approve technical construction regulations. The Government shall establish the assignment to state institutions of the normalisation fields of normative documents of the safety and purpose of a construction works. 6. Technical construction regulations shall be prepared with funds of the State budget. Article 9. Application of Normative Technical Construction Documents of International, European Organisations and Foreign States 1. Normative technical construction documents adopted from international and European organisations, foreign states (national), organisations of foreign states may apply in the Republic of Lithuania (if they comply with the laws of the Republic of Lithuania). They shall, in the manner prescribed by an institution authorised by the Government of the Republic of Lithuania, be given the legal status of normative technical construction documents of the Republic of Lithuania. 2. An institution authorised by the Government shall have the right to lay down the procedure of direct application in the Republic of Lithuania of the documents specified in paragraph 1 of this Article, without adopting them in the form of normative technical construction documents of the Republic of Lithuania, in the following cases: 1) when it is necessary to lay down technical requirements for the construction works which rarely occur in the Republic of Lithuania and, therefore, it is not expedient to prepare normative technical construction documents; 2) when due to the short time limits of use of investments in construction, there is no possibility to adopt the normative technical construction documents referred to in paragraph 1 of this Article; 3) when there are no normative technical construction documents which lay down the technical requirements for the construction works of certain purposes in the Republic of Lithuania – until the preparation and approval of these documents. SECTION THREE MAIN AREAS OF TECHNICAL CONSTRUCTION ACTIVITIES Article 10. Main Areas of Technical Construction Activities 1. The main areas of technical construction activities shall be as follows: 1) construction investigation; 2) design of a construction works and supervision of the implementation of a design documentation of a construction works; 3) expert examination of a design documentation of a construction works and a construction works; 4) construction operations; 5) technical supervision of the construction . 2. The main areas of technical construction activities may be directed by heads of a design documentation of a construction works, heads of the parts of a design documentation of a construction works, heads of supervision of the implementation of a design documentation of a construction works and its parts, heads of the construction, heads of special works related to the construction, heads of technical supervision of construction (heads of general technical supervision and heads of special technical supervision), heads of expert examination of a design documentation of a construction works or its parts, heads of expert examination of a construction works. The positions of the said heads may be held, according to their professional qualification, by an architect or a building engineer. The qualification requirements for the said shall be laid down by an institution authorised by the Government. 3. The positions of heads of the main areas of technical construction activities pertaining to construction works of exceptional significance, which are specified in paragraph 2 of this Article, may be held only by attested architects and building engineers. The procedure fo …