Taking counsel

  • 2005-11-02
  • By Agnese Jauntirane-Barkane [ LOZE, GRUNTE & CERS ]
Simplified procedure for minor rebuilding

On Sept. 14, 2005 an amendment to the General Construc-tion Regulation took effect prescribing the procedure for simplified reconstruction and renovation. It eases the requirements for minor rebuilding 's in particular, the number of documents required and the term for drafting and approval of design documentation are reduced, while the process of making changes to the technical inventory file of structures and groups of premises has been simplified. The amendment also introduces new terms:

l simplified renovation 's renovation of a structure or its part not affecting the structural elements, facade, common areas and common utilities systems;

l simplified reconstruction - changing the dimensions of a structure or its part (type of use) without rebuilding.

The individual who initiates a simplified renovation or reconstruction should agree with a designer on drafting the relevant concept documentation and complete a certification card. The concept documentation is developed in line with statutes regulating construction and the respective municipality's binding regulations. The concept documentation and the certification card are drafted in three parts, of which one is given to the customer, one to the responsible designer and one to the Construction Board.

Documents to be submitted to the Construction Board by the initiator of simplified renovation or reconstruction include: 1) the certification card; 2) an explanatory note; 3) layout of premises developed pursuant to the concept documentation with explanations; 4) a copy of the actual technical inventory file for the structure or group of premises; 5) copies of documents confirming ownership rights; 6) scheme for any changed utilities system connections; 7) a permit issued by the State Inspection for Heritage Protection if simplified renovation or reconstruction is planned within the territory of a heritage monument or a structure under the state's protection.

The Construction Board reviews the concept within 10 business days after its registration with the Construction Board and marks in the certification card that the concept has been approved or provides justified refusal. If no refusal has been received from the Construction Board within said term:

1) the initiator of simplified renovation is entitled to start construction work and after their completion on the basis of the concept documentation and the certification card, files an application in the State Land Service (the SLS) regarding making changes in the technical inventory file of the structure or group of premises;

2) the initiator of simplified reconstruction is entitled to proceed. In this case, the Construction Board within five business days after approval of the concept and making of the respective mark in the certification card sends it to the SRS for making changes in the technical inventory file of the structure or group of premises.

Expenses related technical inventory of structure or group of premises are covered by the customer.

If during the technical inventory of structures or groups of premises, the SLS establishes that changes in the structure or part of structure do not correspond to the concept documentation of simplified renovation or simplified reconstruction, the initiator of said construction work orders an expert's (who is a certified specialist) opinion. A positive expert's opinion constitutes the basis for making changes in the technical inventory file of structure or group of premises. The initiator communicates a copy of the expert's opinion to the respective Construction Board.

If the expert's opinion is negative and, without any approved plan or building permit construction work is arbitrarily carried out, a penalty can be imposed on individuals ranging from 50 's 500 lats for individuals and 200 's 3,000 lats for legal entities.

In short, the advantages of simplified renovation and simplified reconstruction are as follows: 1) in case of simplified renovation or simplified reconstruction, the following documents are not needed: - construction submission/registration card; building design; building permit; 2) given that in case of simplified renovation or simplified reconstruction no building permit is needed, the developer and the building contractor have no obligation to insure their third part liability; 3) the Construction Board reviews the concept documentation within 10 business days after its registration; 4) change making procedure in technical inventory files has been simplified.