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 an act on unauthorised construction, 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 an administrative case regarding the imposition of an administrative penalty, or send this report to the court;
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3)consider causes and circumstances of unauthorised construction, receive findings of institutions for the state supervision of purpose and safety requirements of a construction work, draw up and submit, according to the subordination, proposals to the county governor concerning elimination of construction consequences or, within the scope of their competence, make appropriate decisions.
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2.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, 5, 6, and 7 of Article 27 of this Law, consider an act on unauthorised construction and proposals of the officers regarding elimination of the consequences thereof and, by setting time limits of implementation, make one of the following decisions:
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1)to stop construction of a construction works and request from the builder (client) to demolish a construction works, if in the territory where construction of a new construction works is carried out or a construction works is reconstructed, construction or reconstruction of any new construction works or a construction works of a certain purpose is prohibited; to appeal to the court if such request is not carried out within the set time limit;
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2)when construction of a construction works may be carried out, to allow the builder (client) to prepare a design documentation of a construction works and obtain a construction permit;
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3)to obligate the builder (client) who has carried out the requests of subparagraph 2 of paragraph 2 of this Article, to redo unauthorised construction operations in accordance with the design documentation of a construction works;
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4)to request from the builder (client) to demolish a construction works with his own funds and to clean a construction site;
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5)to appeal to the court without making decisions specified in subparagraphs 1, 2 and 3 of this paragraph.
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3.If the builder (client) does not carry out the requirements specified in subparagraphs 2, 3 and 4 of paragraph 2 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 immovable cultural heritage properties shall be established by an institution authorised by the Government in conjunction with the authorised institution responsible for the protection of immovable cultural heritage properties.
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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.An enterprise registered in the Republic of Lithuania shall have the right to make an expert examination of a design documentation of a construction works and a construction works, upon the receipt of a certificate, issued in a manner prescribed by an institution authorised by the Government, allowing to make an expert examination of a design documentation of a construction works or a construction works. A certificate must indicate a category of a construction works (from the categories laid down in paragraph 1 of this Article). A foreign expert examination enterprise shall have the right to make expert examination of a design documentation of a construction works or a construction works, if it has attestation documents issued by its own country which are recognised in the Republic of Lithuania on the basis of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (concluded on 5 October 1961 in the Hague).
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4.Expert examination shall be made at the request of public administration entities which exercise the State supervision of construction, 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.
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5.The procedure of making of and the types of expert examination of design documentation of a construction works and construction works shall be established by an institution authorised by the Government, and the procedure of an expert examination of design documentation of construction operations of maintenance of immovable cultural heritage properties - by an institution authorised by the Government in conjunction with the authorised institution responsible for the protection of immovable cultural heritage properties.
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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 a author of a design documentation of a construction works together with in accordance with a written agreement between the builder (client) and the designer. By a written consent of the designer of a design documentation of a construction works 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 patent 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 selected 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 select 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 immovable cultural heritage properties or construction of a construction works is carried out within the territory of such cultural properties - by an institution authorised by the Government in conjunction with the authorised institution responsible for the protection of immovable cultural heritage properties.
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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)a municipal mayor;
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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)a construction works under construction does not correspond to the capacity and space measurements of a construction works specified in the construction permit and to the purpose of use of a construction works;
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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 immovable cultural heritage properties are transferred - a certificate containing the same information and issued by the authorised institution responsible for the protection of immovable cultural heritage properties.
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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 immovable cultural heritage properties) 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;
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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 State supervision of construction or by the municipal mayor;
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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 or by the municipal mayor;
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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 on the recommendation of public administration entities carrying out the State supervision of construction or of the municipal mayor (municipal administrator authorised by him).
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SECTION TEN WARRANTY PERIOD OF A CONSTRUCTION WORKS
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Article 36
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Warranty Period of a Construction 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.
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3.The warranty period shall be suspended for such length of time during which the construction works cannot be used due to the established defects for which the contractor is liable.
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4.The warranty period of construction products and equipment which are not related to the requirements of paragraph 1 of Article 4 of this Law (except those which are in hidden structures of a construction works) shall be set in documents issued by the supplier.
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SECTION ELEVEN INSURANCE 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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SECTION TWELVE FINAL PROVISIONS
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Article 40Liability for Violations of the Law
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Natural and legal persons who have violated the provisions of this Law shall be held liable under laws of the Republic of Lithuania.”
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Invoking paragraph 2 of Article 71 of the Constitution of the Republic of Lithuania, I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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CHAIRMAN OF THE SEIMAS OF ARTŪRAS PAULAUSKAS THE REPUBLIC OF LITHUANIA