14.If a construction permit is issued by the director of the administration of a municipality (a civil servant of the administration of the municipality, authorised by him), he shall within 3 days of the issuance of such permit, present a copy of the permit to the county governor's administration. When a permit is issued for carrying out construction operations pertaining to maintenance of a construction works of cultural heritage or for constructing construction works within the territory of an object of cultural heritage, its copy shall be also transferred to an authorised institution responsible for the protection of immovable cultural heritage. When a permit is issued for construction of a construction works in the protected territory, a copy of the permit shall be transferred to the administration o the protected territory. In all cases a copy of a permit shall be transferred in a prescribed manner to the manager of the immovable property cadastre.
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15.A construction permit shall contain technical data and purpose of each construction works, established by normative technical construction documents. A construction permit to construct new construction works, reconstruct existing construction works or to carry out major repairs, to demolish existing construction works, to carry out construction operations pertaining to maintenance of construction works of cultural heritage within or outside a construction site (for engineering and utility networks and traffic routes designed in accordance with design conditions) may, at the request of the builder (client), be issued for:
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1)all construction works designed in a single construction documentation;
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2)one or several construction works designed in a single construction documentation.
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16.If a construction permit is not issued, a State administration entity which is assigned to issue this permit, shall, within 10 days from the submission of builder's (client's) documents specified in paragraphs 6 or 7 of this Article, inform the builder (client) about this, indicating concrete reasons for refusing to issue a permit. If a permit has not been issued within a set time limit and the builder (client) has not been informed about the reasons for refusal, the builder (client) shall have the right to carry out construction without a permit, however, he must inform in writing a public administration entity which issues a permit, about this not later than within 5 days from the beginning of construction operations. A public administration entity which issues a permit, must register this document as a construction permit. Refusal to issue a construction permit may be appealed against by the builder (client) in a manner prescribed by the Law on Administrative Proceedings.
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17.A construction permit shall be valid for a period of 10 years (when constructing a temporary construction works - until the date specified in the permit which depends of the purpose of use of such construction works), and a permit to demolish - 3 years.
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18.A construction permit shall become invalid:
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1)when pursuant to a procedure established by law a plot of land (part thereof) is taken for public needs;
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2)by court decision;
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3)if a construction works has not been started within 3 years from the issuance of a permit or has not been accepted as fit for use within 10 years. Prior to the expiration of the said time limits a permit may be extended in accordance with a simplified procedure laid down by an institution authorised by the Government. A builder (client) who wants to start or continue construction after the expiration of the said time limits, must appeal to the institution which has issued a permit, regarding the issuance of a new construction permit.
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19.The county governor's administration or a Government representative, or the State Territorial Planning and Construction Inspectorate under the institution authorised by the Government shall have the right to terminate the validity of a construction permit issued by the director of the administration of a municipality (a civil servant of the administration of the municipality, authorised by him) from the day of submission to the court of an application to revoke such permit until adoption of a decision by the court, if these public administration entities have appealed to the court regarding the revocation of a permit. The State Territorial Planning and Construction Inspectorate under the institution authorised by the Government shall have the right to terminate in the same manner the validity of a construction permit issued by the county governor's administration.
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20.A construction permit to demolish a construction works shall become invalid in the cases indicated in paragraph 18 of this Article, and if during 3 years from the granting of such permit the construction works has not been demolished. The builder (client) who wishes to start or continue to demolish a construction works, must apply to a public administration entity which has granted a construction permit, for renewal of the validity of such permit.
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21.Forms of documents necessary for the procedure of issuance of construction permits shall be established by an institution authorised by the Government, and of construction permits for construction operations pertaining to maintenance of construction works of cultural heritage or of permits for construction of construction works within the territory of an object of cultural heritage - by an institution authorised by the Government in conjunction with the Ministry of Culture.
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22.Accounting, a list and statistical reporting with regard to construction permits shall be kept by the county governor's administration, and of construction permits for construction operations pertaining to maintenance of construction works of cultural heritage - also by an authorised institution responsible for the protection of immovable cultural heritage. The procedure for keeping the accounting and making a list shall be established by an institution authorised by the Government. Records and a list of permits for construction and reconstruction nuclear facilities shall be managed in the manner prescribed by the Law on Nuclear Energy.
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23.The members of the Permanent Construction Commission or a person who issued a construction permit shall be held responsible according to their competence for violations of the procedure for issuing construction permits. The damage caused because of a construction permit which was issued illegally shall be compensated in accordance with the procedure laid down by law.
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24.Construction of a construction works without a construction permit when such a permit is mandatory in the cases provided for in this Law shall be prohibited.
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Article 24Accepting a Construction Works as Fit for Use
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1.A construction works which has been built, reconstructed or undergone major repairs (or a part thereof which may be used without taking into account whether the construction of the rest parts has been completed) shall be accepted as fit for use by the commission in accordance with the procedure laid down by the institutions specified in paragraph 2 of this Article.
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2.The procedure, requirements for acceptance of construction works, which have been built, reconstructed or undergone major repairs, as fit for use, as well as the composition of the commission shall be established by an institution authorised by the Government, the procedure for acceptance of construction works with potentially dangerous equipment as fit for use – by an institution authorised by the Government, after consultation with the institution, appointed by the Government, which is responsible for the control over maintenance of potentially dangerous equipment, and when construction operations pertaining to maintenance of construction works of cultural heritage or construction of a construction works is carried out within the territory of an object of cultural heritage - by an institution authorised by the Government in conjunction with the Ministry of Culture; the procedure and requirements for acceptance of nuclear facilities as fit for use shall be laid down by the Law on Nuclear Energy.
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3.Construction works may be used only after all the requirements referred to in paragraph 1 of this Article have been met.
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4.Cadastral measurements of a construction works which has been accepted as fit for use shall be carried out in accordance with the procedure laid down by the Law of the Cadastre of Immovable Property and other legal acts. After the establishment of the cadastral measurements a construction works which has been accepted as fit for use shall be registered in the Republic of Lithuania Register of Immovable Property in accordance with the Law on the Register of Immovable Property.
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SECTION SEVEN AN ACCIDENT OF 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 “accident”) shall be uncontrollable collapse of 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. 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 the director of the administration of a municipality (a civil servant of the administration of that municipality, authorised by him), the county governor's administration, a public administration entity which carries out the supervision over the use of a construction works, about the accident; if the accident occurred during the construction, notify also the builder (client), the manager of technical supervision of construction of a construction works and designer of a construction works. If an accident occurs in a construction works of cultural heritage, within the territory of an object of cultural heritage, an authorised 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 energy 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 supervision institutions within the scope of their competence).
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SECTION EIGHT STATE REGULATION OF CONSTRUCTION. SUPERVISION OF CONSTRUCTION
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Article 26Sate Regulation of Construction
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The State regulation of construction shall be executed by the Government.
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Article 27State Supervision of Construction
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1.The State supervision of construction shall be exercised by the following public administration entities:
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1)on the county level - county governor's administration;
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2)on the national level - the State Territorial Planning and Construction Inspectorate under an institution authorised by the Government.
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2.State supervision of construction of nuclear facilities shall be carried out in the manner prescribed by the Law on Nuclear Energy.
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3.The county governor's administration shall, under paragraphs 4, 5, 6 of this Article, carry out the State supervision of construction of all construction works.
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4.The county governor's administration must inspect:
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1)if unauthorised construction is not carried out; if during the construction the solutions of a design documentation, the requirements of laws, normative technical construction documents are not violated;
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2)if construction and demolition of a construction works do not violate: the laws and other legal acts regulating the land ownership, holding or use on other grounds; physical planning documents (when they are necessary); grounded interests of third parties; a set of design conditions for a construction works;
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3)if heads of the main spheres of technical activities of construction satisfy the qualification requirements of attestation established by this Law and an institution authorised by the Government;
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4)if technical supervision of construction operations and supervision of the implementation of a design documentation of a construction works are carried out (when they are mandatory) and if the contractor (when self-dependent construction is carried out) meets the requirements entered in the construction operations book by the heads of such supervisions; if documents related to carrying out of construction operations meet the requirements set by normative technical construction documents;
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5)if load-bearing structures of a construction works are built and assembled from construction products which have conformity documents.
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5.A representative of the county governor's administration shall take part when accepting a construction works as fit for use.
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6.Officers authorised by the county governor's administration shall, within the scope of competence set in paragraphs 3, 4 and 5 of this Article, have the right:
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1)to terminate construction of a construction works in the cases specified in paragraphs 2 and 3 of Article 33 of this Law;
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2)when this is related to the performance of their duties, to freely enter construction sites, construction works which are being built, reconstructed, repaired or demolished, apartments situated in them, and to request from participants of construction operations to submit all documents pertaining to construction operations;
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3)in the cases established by the Code of Administrative Offences, to draw up reports on administrative offences, to consider cases of administrative offences and to impose administrative penalties or to bring cases of administrative offences before the court;
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4)in the cases established by the Civil Code, to apply to the court concerning initiation of civil proceedings with respect to the compensation for the damage made to the State because of violation of provisions of laws, requirements of other legal acts and normative technical construction documents;
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5)to represent an institution in the court upon the authority;
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6)if construction is not unauthorised, to obligate the builder (client) to alter a design documentation according to the requirements and within the set time limit or to eliminate other defects related to the documents of a design, or to reconstruct the construction works (part thereof) according to the requirements;
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7)to inspect if activities of the technical supervisor of construction of a construction works and the head of supervision of the implementation of a design documentation of a construction works are in compliance with laws, other legal acts and normative technical construction documents, and, if there are violations - to impose sanctions established by laws and other legal acts;
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8)to request and get from participants of construction written and oral explanations, copies of documents and other information about their activities in construction;
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9)to apply to the police when participants of construction prevent officers of State supervision of construction from performing their official functions;
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10)to terminate the validity of a construction permit unlawfully issued by the director of the administration of a municipality (a civil servant of the administration of the municipality, authorised by him) from the day of submission of an application (request) to the court concerning the revocation of such permit until the adoption of court's decision.
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7.The State Territorial Planning and Construction Inspectorate under the institution authorised by the Government shall, on the basis of the rights laid down in paragraph 6 of this Article, carry out the following State supervision of construction:
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1)methodically directs the service of the county governor's administration which carries out State supervision of construction, inspects if such supervision is in compliance with this Law and other legal acts regulating construction, and submits findings of the inspection to the county governor;
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2)in accordance with the requirements of paragraph 4 of this Article, by way of selection inspects the activities of entities of the main fields of technical activities of construction and participants of construction of any construction works built in the Republic of Lithuania, publicly announces findings of the inspection and recommendations to eliminate established violations and shortcomings (if any);
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3)by way of selection inspects whether design documentation of construction works and expert examinations carried out by expert examination enterprises are in compliance with normative technical construction documents;
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4)terminates the validity of a construction permit unlawfully issued by the county governor's administration from the day of submission of an application (request) to the court for the revocation of such permit until the day of adoption of court's decision.
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8.Beside being attested in accordance with the Law on Public Service, officers of public administration entities which carry out State supervision of construction operations must be attested in a manner prescribed by an institution authorised by the Government (it shall be inspected whether they have familiarised themselves with this Law and other legal acts regulating construction).
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9.Institutions of the State supervision of requirements for the safety and purpose of a construction works shall, within the scope of competence assigned to them by laws and other legal acts, exercise the State supervision of requirements for the safety and purpose of a construction works in the following manner:
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1)establish, within the scope of competence, design conditions for a construction works laid down in paragraph 32 of Article 2 of this Law and control the fulfilment thereof during the construction;
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2)in a prescribed manner, take part in the conducting of an expert examination of a design documentation of a construction works, acceptance of a construction works as fit for use.
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10.County governors and an institution authorised by the Government shall, within their competence, exercise the State supervision of engineering geodetic construction investigations.
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11.The Geological Survey of Lithuania shall exercise the State supervision of engineering geological, geotechnical construction investigations and other investigations of this sphere.
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12.The procedure of the State supervision of construction shall be established by the Government.
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13.Officers of public administration entities who carry out the State supervision of construction shall be held liable under the Law on Public Administration for violations of the procedure of the State supervision of construction established in this Article.
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Article 28Elimination of Consequences of Unauthorised Construction
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1.Upon establishing that construction of a construction works is carried out in violation of this Law and other legal acts, officers of the county governor's administration, the State Territorial Planning and Construction Inspectorate under the institution authorised by the Government who carry out the State supervision of construction within the scope of competence specified in paragraphs 3, 4, 6, and 7 of Article 27 of this Law, shall, invoking the Civil Code and the Code of Administrative Offences:
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1)draw up immediately an act on unauthorised construction in two copies, request from the builder (client) and contractor (when construction operations are carried out under the contract) to immediately stop construction operations, and hand the said report in to them against their signature, or by registered mail;
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2)draw up a report on administrative violations of law in a manner prescribed by the Code on Administrative Offences, and hear a case on administrative offence regarding the imposition of an administrative penalty, 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 unauthorised construction, submit it, according to pertinence, to the county governor or the head of the State Territorial Planning and Construction Inspectorate under the of an institution authorised by Government.
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2.The county governor's administration or the State Territorial Planning and Construction Inspectorate under an institution authorised by the Government shall, within the scope of competence specified in paragraphs 3, 4, 5, 6, and 7 of Article 27 of this Law, consider an act on unauthorised construction and, not later than within one month from the drawing-up of an act on unauthorised construction, take one of the following decisions:
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1)to request from the builder (client) to eliminate within the set time limit and with his own funds the results of unauthorised construction - to demolish or to reconstruct according to the requirements the construction works or its part which was built without authorisation, and to clean a construction site;
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2)to appeal to the court if a decision specified in subparagraph 1 of this paragraph is not taken.
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3.If the builder (client) does not carry out the requirement specified in subparagraph 1 of this Article within the set time limit, the county governor's administration or the State Territorial Planning and Construction Inspectorate under the institution authorised by the Government shall, within the scope of competence specified in paragraphs 3, 4, 6, and 7 of Article 27 of this Law, submit to the court an application (request) regarding the carrying-out of obligations.
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4.The procedure and form of an act on unauthorised construction shall be set by an institution authorised by the Government.
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Article 29Expert Examination of a Design Documentation of a Construction Works. Expert Examination of a Construction Works
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1.Expert examination of a design documentation of a construction works of exceptional significance or a construction works included in the State investment programme, shall be mandatory. The cases of obligation of expert examination of design documentation of construction operations pertaining to maintenance of construction works of cultural heritage shall be established by an institution authorised by the Government in conjunction with the Ministry of Culture. Other cases of obligation of expert examination of a design documentation or the separate parts of a design documentation shall be defined by an institution authorised by the Government.
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2.Expert examination of design documentation of the construction works specified in paragraph 1 of this Article shall be carried out in the cases of construction of new construction works, reconstruction of construction works and major repairs.
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3.The following shall have the right to carry out an expert examination of a design documentation or a construction works (to be a contractor of an expert examination):
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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;
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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 a design documentation or a construction works, upon having produced the documents confirming this right, which are recognised in the Republic of Lithuania in the manner prescribed by an institution authorised by the Government.
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4.Invalid as of 19 May 2007.
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5.Expert examination shall be made at the request of public administration entities which exercise the State supervision of construction or the supervision of use of construction works, only when:
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1)an accident of a construction works has occurred or a threat thereof, or deformations of a construction works have been established;
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2)a complaint of the builder (client) or the user of a construction works has been received that the construction works does not meet the essential requirements referred to in paragraph 1 of Article 4 of this Law, or when there are presumptions that the said requirements have been infringed during the natural disasters or other emergency situations.
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6.The types of expert examination of a design documentation of a construction works and construction works, and the procedure for carrying out it shall be laid down by an institution authorised by the Government, and the procedure of an expert examination of design documentation of construction operations of maintenance of a construction works of the cultural heritage - by an institution authorised by the Government in conjunction with the Ministry of Culture.
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Article 30Technical Supervision of Construction
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1.Technical supervision of construction shall be mandatory for all construction works, except simple construction works. Such requirement shall not apply when carrying out simple repairs of a construction works.
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2.The procedure of carrying out technical supervision of construction shall be established by an institution authorised by the Government.
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Article 31Supervision of the Implementation of a Design documentation of a construction works
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1.When constructing, reconstructing a construction works of exceptional significance or a construction works in the protected territory as well as when making major repairs of such construction works, supervision of the implementation of design documentation of the above construction works shall be mandatory.
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2.The builder (client) shall have the right to task the designer with the supervision of the implementation of a design documentation of a construction works and technical supervision of the construction of a construction works.
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3.Supervision of the execution of a design documentation of a construction works (during the construction) shall, upon the instruction of a designer, be exercised by an author of a 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, a designer - a natural person does not longer engage in design activities, or he does not have a business certificate for such activities, or attestation documents of the head of design of a construction works, or he is dead), supervision of the implementation of a 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 violate the requirements of supervision of the implementation of a 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 a design documentation of a construction works or to choose another designer (who has not designed a construction works) for carrying out such supervision.
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4.The head of supervision of the implementation of a 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 design of a construction works).
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5.The procedure for supervision of the implementation of a design documentation of a construction works shall be established by an institution authorised by the Government, and when maintenance of a construction works 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 32Informing of the Public about the Commencement of Construction of Construction Works Important to the Public and Consequences Thereof
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1.The builder (client) must inform the public about the commencement of design of construction works important to the public. The list of such construction works (indicating the purpose of construction works) and the procedure for information of the public shall be established by an institution authorised by the Government.
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2.If the solutions of a design documentation of a construction works do not conform to the approved physical planning documents, any natural or legal person shall have the right to appeal to the county governor for suspension of design of a construction works and refusal to issue a construction permit. Disputes on these issues shall be considered by the court.
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Article 33Suspension of Construction and Design
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1.Any public administration entity which carries out the State supervision of construction, shall have the right to suspend construction 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 requirements for the safety and purpose of 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 implementation of a design documentation of a construction works;
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6)a technical supervisor of construction of a construction works.
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2.Any public administration entity shall have the right to suspend construction of a construction works (specifying the time limit of suspension of construction or demolition) when:
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1)it is established that construction or demolition of a construction works is unauthorised;
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2)an application (request) is submitted to the court concerning the revocation of a construction permit under paragraph 19 of Article 23 of this Law;
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3)repealed as of 17 October 2006;
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4)it has been established that the builder (client) or the contractor has violated the solutions of a design documentation of a construction works, as well as the requirements of normative technical construction documents and normative documents pertaining to the safety and purpose of a construction works;
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5)the mistakes of a design documentation of a construction works become clear which constitute a threat of an accident of a construction works;
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6)a construction permit becomes invalid.
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3.The county governor shall have the right to suspend design of a construction work in the case specified in paragraph 2 of Article 32 of this Law.
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4.The public administration entity carrying out the State supervision of construction, which has suspended the construction of a construction works shall draw up an act indicating the volume of construction operations carried out. A form of an act shall be set by an institution authorised by the Government.
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5.The builder (client) and the contractor must eliminate the violations specified in paragraph 2 of this Article as well as the consequences thereof, and obtain a written consent of the public administration entity which carries out the State supervision of construction and which has suspended the construction of a construction works, to continue with the construction of a construction works. If the requirements laid down in this Article are not carried out, the public administration entity which has suspended construction of a construction works, shall appeal to the court.
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Article 34Transfer of a Construction Works the Construction, Reconstruction or Major Repairs of Which Have not Been Completed
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1.An agreement for transfer of a construction works which is not completely built or reconstructed or major repairs of which are not completed to any other legal or natural person may be notarised only upon providing a certificate issued by a public administration entity carrying out the State supervision of construction of such construction works, to the effect that the said construction works is being built or reconstructed, or major repairs thereof are made without any essential deviations from the design documentation of a construction works (in the case of a construction works for which approval of a design documentation of a construction works is mandatory - from the approved design documentation of a construction works), and when construction works 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 built or reconstructed or major repairs thereof are not completed only upon re-registration of such 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 public administration entity which has issued a construction permit, 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 a design documentation of a 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 built, reconstructed or major repairs thereof are not completed, is being transferred, a construction permit shall not be registered. 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 a construction works, in a 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 built (except construction works 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 physical planning documents (after such plot of land or part thereof, or a 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;
\n
4)when a construction works or parts thereof are physically worn out and pose threat to people and the environment, and such threat has not been eliminated within the time limit fixed by public administration entities carrying out the supervision of use of construction works;
\n
5)when a construction works has been built or is being built in violation of this Law or other laws, normative technical construction documents - within the time limit fixed by public administration entities carrying out the State supervision of construction;
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6)in other cases provided for in the Civil Code and other laws.
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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 public administration entities carrying out the State supervision of construction in the cases specified in subparagraphs 5 and 6 of paragraph 1 of this Article, the director of the administration of a municipality (a civil servant of the administration of the municipality, authorised by him) in the case specified in subparagraph 2 of paragraph 1 of this Article, and 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
\n
Warranty Period of a Construction Period. Obligations of the Designer, Contractor of a Construction Works and Technical Supervisor of Construction of a Construction Works during a Warranty Period 1. The warranty period of a construction works shall be fixed in contracts, contracts related to construction works design and technical supervision of construction of a construction works. Such period may not be less than five years (counting from the day of the acceptance of a construction works as fit for use); for hidden elements of a construction works (structures, pipelines, etc.) - ten years, and if defects which have been deliberately hidden are established - twenty years.
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2.The designer, the contractor of a construction works and the technical supervisor of construction of a construction works shall be liable for collapse of a construction works or the defects established during a warranty period in accordance with the procedure established by the Civil Code.
\n
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.
\n
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 OF CIVIL LIABILITY OF THE DESIGNER AND THE CONTRACTOR OF A construction works
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Article 37A Subject Matter of Insurance and Contracts of Insurance
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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 a design documentation of a construction works of a whole construction works, but concludes contracts with different designers for the preparation of separate parts of a 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 an insurance contract shall be the insured (the designer or the contractor of a construction works) and the insurer (insurance company which has received a permit of the State Insurance Supervision Service under the Ministry of Finance to provide compulsory insurance for civil liability of the designer and the contractor of a construction works).
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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 a compulsory insurance of civil liability of the designer and the contractor of a construction works. Natural persons, legal persons shall not be subject to taking out a 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 of civil liability of the designer and the contractor.
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8.Contracts of compulsory insurance of civil liability of the designer and the contractor shall be concluded in accordance with the rules of compulsory insurance of civil liability of the designer and the contractor approved by the Government or an institution authorised by it.
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9.If a contract of insurance has been terminated or the period of validity thereof has expired prior to the term indicated in an insurance policy, the insured must conclude a new contract of insurance.
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10.The amount of contributions of compulsory insurance of civil liability of the designer and the contractor shall be established in insurance contracts.
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Article 38Compulsory Insurance of Civil Liability of the Designer of a Construction Works
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1.When the insured is a designer of a construction works, the insurer shall, according to compulsory insurance of civil liability, compensate by paying to the builder (client) and the third parties insurance benefits for the damage caused by the insured to person’s health or the damage caused due to deprivation of life, or 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 established by the rules of compulsory insurance of civil liability of the designer.
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4.The insured must take out an insurance of 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 of civil liability of the insured shall be set in the rules of compulsory insurance of civil liability of the designer.
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Article 39Compulsory Insurance of Civil Liability of the Contractor
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1.When the insured is a contractor, the insurer shall, according to compulsory insurance of civil liability, compensate by paying to the builder (client) and the third parties insurance benefits for the damage caused by the insured to person’s health or the damage caused due to deprivation of life, or the damage caused to property. In the event when the insured himself compensate the caused damage, the insurer shall pay insurance benefits to the insured.
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2.Insurance benefits shall be paid only in the case of an insurance event, on the basis of official documents confirming such event.
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3.Insurance events covered and insurance events not covered shall be established by the rules of compulsory insurance of civil liability of the contractor.
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4.The insured must take out an insurance of civil liability on each construction works under construction which is a subject matter of a contract.
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5.The minimum amount of compulsory insurance of civil liability of the insured shall be set in the rules of compulsory insurance of civil liability of the contractor.
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CHAPTER TWELVE USE AND MAINTENANCE OF Construction works
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Article 40Duties of users of construction works when carrying out maintenance of a construction works
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Users of construction works must:
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1)use a construction works (part thereof) according to its purpose;
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2)not use a construction works until its construction is completed and/or until it is accepted as fit for use in an established manner;
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3)meet the requirements for use and maintenance of a construction works laid down in normative technical construction documents or normative documents pertaining to the safety and purpose of a construction works 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 supervision of a construction works;
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5)repair, reconstruct or demolish construction works, if further use of them poses a threat to public health, life or environment.
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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 supervision 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 law.
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2.Technical supervision of simple construction works, as well as houses containing one or two flats 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 exercising technical supervision of a concrete 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 within the economically feasible duration of use of a construction works.
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4.Rules of technical supervision of construction works and qualification requirements for a technical supervisor of a construction works shall be laid down by an institution authorised by the Government, taking into consideration the purpose of construction works and complexity of their structure.
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5.Technical supervision of a construction works shall consist of:
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1)permanent observation of the condition of a construction works the aim of which is to identify visually noticeable changes in the condition of a construction works during the use of the construction works;
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2)periodical and specialised inspections of a construction works, the aim of which is to identify the changes in the condition of the construction works during a certain period of time or in other cases, if such inspections are provided for in the rules referred to in paragraph 4 of Article 41 of this Law;
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3)elimination of the faults of the condition of a construction works noticed;
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4)organisation of repair (simple or major).
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6.If it becomes clear that the condition of a construction works poses a threat to health, life of people who are in the construction works or near it, or to the environment, the user of the construction works and/or technical supervisor of the construction works must, taking into account a type of threat or after the accident related to the construction works, take measures to protect people as well as other measures specified in paragraph 2 of Article 25 of this Law.
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Article 42Supervision over use of construction works
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1.The following public administration entities shall exercise the supervision over use of construction works:
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1)the administration of the county governor according to the list approved by the Government or an institution authorised by it – over construction works of exceptional significance, of national significance and construction works situated within establishments of likely hazard, with the exception of the construction works referred to in subparagraph 2 of paragraph 1 of this Article;
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2)the Ministry of Communication and/or organisations authorised by it (with the exception of traffic routes which do not belong to the sphere of its management) according to the list approved by the Government or an institution authorised by it – over traffic routes 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 – over residential houses and other construction works which are not specified in subparagraphs 1 and 2 of paragraph 1 of this Article;
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4)institutions of state supervision over requirements for safety and purpose 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 over use of construction works shall inspect how users of construction works meet the requirements for safety of construction works and for technical supervision over construction works set by this Law and other laws and legal acts.
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3.Public administration entities, which carry out supervision over use of construction works shall enjoy the right to:
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1)after it becomes clear that the condition of a construction works poses a threat to health, life of people who reside, work or happen to be for other purposes in the construction works or near it, or to the environment, and taking into account a type of threat, demand that the user of the construction works would take measures to protect people and, if necessary, to demand that evacuation of the people would be organised, use of the construction works would be stopped, any activity in the construction works would be prohibited (when necessary, within the construction site or territory as well);
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2)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)address the police in order to temporarily restrict the access to the territory or premises 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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4.Officers of public administration entities, which carry out supervision over use of construction works shall have the right to demand that the user of a construction works would produce mandatory documents pertaining to supervision of a construction works, referred to in Article 43 of this Law, and would allow them to perform other functions concerning the supervision over use of a construction works, which are assigned to them.
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5.The State Territorial Planning and Construction Inspectorate under the institution authorised by the Government shall methodically guide the public administration entities specified in subparagraphs 1, 2 and 3 of paragraph 1 of this Article who carry out the supervision of use of construction works.
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Article 43Documents of Technical Supervision of construction works
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1.Documents of technical supervision of construction works shall comprise a technical passport of a construction works (or a technical accounting card), for heated buildings a total useful floor area of which is over 1000 square meters – a technical-energy passport, a register of technical supervision of a construction works, documents of periodical and special inspections of a construction works and other documents established by institutions authorised by the Government or the user of a construction works.
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2.A technical passport of a construction works (accounting card) must indicate technical economic and construction characteristics as well as changes thereof after the major repair or reconstruction of a construction works. A technical-energy passport of a construction works shall additionally specify energy characteristics of a construction works.
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3.A register of technical supervision of a construction works must record faults or deformation of constructions and engineering technical equipment observed during permanent supervision, provided that the said faults or deformation require construction investigations or repairs; the register must also record the data of registration of documents of periodical and special inspections, indicating the date of carrying-of of these inspections, managers, observed faults and measures to eliminate them.
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4.The forms of documents specified in paragraph 1 of this Article, the procedure how to fill them in and store shall be laid down by normative construction and special technical documents which are approved by institutions authorised by the Government, taking into consideration the purpose of a construction works and complexity of its constructions.
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Article 431Minimum energy performance requirements and an energy performance certificate of a building
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1.The minimum energy performance requirements shall be mandatory:
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1)for new buildings;
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2)existing buildings that are subject to reconstruction or major renovation and a total useful floor area of which is over 1000 square meters and the price of works done during reconstruction or major renovation 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.
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2.The minimum energy performance requirements shall not apply to:
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1)buildings which are construction works of cultural heritage, where compliance with the requirements would unacceptably alter their character or appearance,
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2)buildings used as places of worship and for religious activities,
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3)temporary buildings with a planned time of use of two years or less,
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4)industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings,
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5)stand-alone buildings with a total useful floor area of less than 50 square meters,
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6)residential buildings which are intended to be used less than four months of the year,
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7)buildings which are not heated.
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3.Energy performance certification of buildings shall be mandatory:
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1)when constructing, selling or renting out buildings. The builder (client) or owner of a building shall, at the request of a buyer or tenant, produce an energy performance certificate of a building the validity of which must not exceed 10 years. The provisions of this subparagraph shall apply also when selling or renting out parts of buildings (apartments, premises designed for separate use and having any other purpose); in this case an energy performance certificate of a part of the building may be based on a certificate of the whole building with a common heating system or a certificate of another representative apartment in the same multi-apartment residential house;
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2)for buildings with a total useful floor area over 1000 square meters built 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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4.An energy performance certificate of a building shall not be mandatory for the buildings specified in paragraph 2 of this Article.
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5.The Government or an institution authorised by it shall lay down minimum energy performance requirements 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
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Natural and legal persons who have violated the provisions of this Law shall be held liable under the laws of the Republic of Lithuania.
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Annex to the Republic of Lithuania Law on Construction LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THE LAW ON CONSTRUCTION 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.