Official translation

REPUBLIC OF LITHUANIA

LAW

ON THE AMENDMENT OF THE LAW ON CONSTRUCTION

19 March 1996 No. I-1240

Vilnius

(New edition 19 September 2000 No. VIII-1948)

(As amended by 23 December 2000 No. IX-134)

Article 1. Revised Version of the Law of the Republic of Lithuania on Construction

The Law of the Republic of Lithuania on Construction shall be amended to read as follows:

”REPUBLIC OF LITHUANIA

LAW

ON CONSTRUCTION

SECTION ONE

GENERAL PROVISIONS

Article 1. The Purpose and Scope of the Law

1. The Law shall establish the essential requirements for construction works built, reconstructed and repaired in the Republic of Lithuania, the procedure for construction research (investigation), designing of construction works, construction, reconstruction, repair of new construction works, acceptance as fit for use, demolition of such construction works, as well as the procedure of supervision over the above activities, the principles of activities of the participants in the construction process and central and local government institutions in this field.

2. This Law shall also regulate the management of territories used for public needs.

3. This Law shall not apply when establishing:

1) requirements regarding investigations and the use of underground resources (as defined in the Underground Law) and construction works used for this purpose, with the exception for the requirements established in paragraph 1 of Article 4 of this Law;

2) requirements regarding archaeological and immovable cultural properties research (investigation), with the exception of the requirements established in paragraph 1 of Article 4 and paragraph 1 of Article 13 of this Law.

Article 2. Main Definitions Used in this Law

1. “Architecture of a construction works” means artistic expression of the internal and external space of construction works.

2. “Construction works” means anything that is the result of construction work using construction products and is steadily fixed to the ground. Such shall include dwelling, industrial, commercial, office, health care, educational, recreational, agricultural buildings and others, as well as civil engineering works or mixed-type construction works (attached to civil engineering works), annexes, superstructures and their parts. The definition “steadily fixed to the ground” shall mean that structures of construction works are embedded in the ground (bottom of seas, lakes, rivers or other water bodies) or lean on the ground (bottom of water bodies).

3. “Construction works of exceptional significance” means construction works in which dangerous substances are used or stored (not exceeding the set limits of their amount); construction works in which potentially dangerous equipment are situated or potentially dangerous works are performed; construction works of complex structure and complex technologies; a building used for public purposes in which more than 100 people are present at a time; immovable cultural properties.

4. “Temporary construction works” means construction works intended for satisfying the needs of builders on the construction site, which is demolished after the end of the construction work; it is made of structures of little value or of reusable (assembled) structures, not higher than two storeys and without foundations embedded in the ground (except dug-in wooden piers), which is permitted to be built and used no longer than 3 years and which, after the expiry of the permitted time period, must be demolished or carried somewhere else;

5. “Incomplete construction works” means construction works which may not be used properly due to incomplete construction work.

6. “Simple construction works” means temporary construction works; a building of simple structures, the area of all storeys, basement (semi-basement) and attic of which, calculated within the inside limits of the outside walls shall not exceed 150 m2; a civil engineering works of simple structures. Characteristics and technical parameters of simple structures of a building and civil engineering works shall be established by technical construction regulations.

7. “Building” means a construction works with the roof which contains one or more rooms or other premises, situated within the walls and partitions and used for living or agricultural, industrial, commercial, cultural, transportation and other activities.

8. “Construction” means activities the purpose whereof is to construct (assemble, lay) a new construction works, reconstruct or repair the existing construction works; this concept shall also include works pertaining to the maintenance of immovable cultural properties or building of construction works on their territory.

9. “Construction work” means all construction works carried out when building a construction works (land digging, plastering, concrete work, installation work, foundations and roof erection, joinery work, exterior and interior finish, setting in motion and adjustment of equipment).

10. “Self-dependent construction” means construction work carried out by a builder without a contract.

11. “Construction of a new construction works” means a type of construction the purpose whereof to build a new construction works (to lay new engineering and utility networks, traffic routes) on a construction plot which locates or does not locate construction works; to build an overground or underground annex of an existing construction works without taking into consideration whether they are or are not related by their purpose; to lay new engineering and utility networks along the existing engineering and utility networks, without taking into consideration whether they are or not related by their purpose; to rebuild the former construction works (which has fallen down, has been demolished, has been torn down); to restore the immovable cultural property which has fallen down, has been destroyed or has been lost.

12. “Minor construction work” means installation of separate engineering systems and the repair thereof, as well as remodelling of a construction works when the facades (paragraph 13 of this Article), general engineering systems and equipment of a construction works are not being essentially changed or they are changed into such equipment which may be used according to technical characteristics without reconstructing the construction works (or a part thereof) and its engineering systems.

13. “Reconstruction of a construction works” means a type of construction with the aim to change essentially the existing construction works: to build new storeys or demolish a part of the existing storeys (without exceeding dimensions of the plan and size of the construction works); to essentially change the look of the facades of a construction works (to build new balconies, doors, windows, architectural details, changing their dimensions more than 20 per cent, the type, arrangement or removing them); to change a plan of premises; to reinforce or change bearing constructions; to remodel separate or joint engineering systems of construction works by changing their type, output; to change a type, capacity of technological equipment and technological engineering systems; to relay engineering and utility networks in existing courses (by changing their output); to change the width and surfacing of traffic routes in the existing courses; to adapt construction works to a new designation when the requirements for a new designation of a construction works, set by technical regulations for construction are stricter than the former requirements; to adjust immovable cultural properties for new purposes.

14. “Repair” means a type of construction aimed at partly or totally restoring the properties of a construction works set by technical regulations for construction, which have got worse because of the exploitation of a construction works, or at improving the said properties: without changing the bearing structures of a construction works, but when necessary changing and reinforcing other elements of the construction works; changing separate or joint engineering systems or their parts of construction works (pipelines, beds, devices) to other systems (parts) of the same type without exceeding their output; changing technological equipment and technological engineering systems to equipment and systems of the same or similar type, for which the requirements of normative technical construction documents are the same as for the said former equipment or systems (or less strict); laying new engineering and utility networks or their parts in the existing courses without changing the type, output of engineering and utility networks; changing or reinforcing the surfacing of traffic routes in the existing courses without changing its type; repair, preserving or restoring immovable cultural properties.

15. “Construction site” means a location where the building of construction works is carried out (territory the limits whereof are set in the project, which is co-ordinated with the municipal mayor (board), taking into consideration the ongoing construction work. The territory limits may coincide or may not coincide with the limits of a construction plot).

16. “Construction plot” means a set-limit land plot of a proper land use purpose (part of the territory), where construction work is carried out.

17. “Putting in order a construction plot” means formation of plot terrain (lowering, heightening, levelling), laying of engineering and utility networks and traffic routes of the plot.

18. “Construction research (investigation)” means engineering geodetic, engineering geological (geotechnical) and hydrogeodynamic investigations of a construction plot (or, when necessary, of adjoining territories), of plots of engineering and utility networks (which have to be laid or which already exist and are under construction) as well as of traffic routes (courses)which are established in the set of construction works designing conditions, environmental, hygiene, archaeological research (investigation) and research (investigation) of immovable cultural properties, and when the existing construction works is being reconstructed or repaired or when a new construction works is attached to the existing construction works (building it close to such construction works) - research (investigation) of existing and adjacent construction works which may be influenced by planned construction work, observations of the settlement and deformation of the existing buildings.

19. “Project” means a set of documents, established by technical regulations for construction, which contain solutions of a construction works conceived by the client (text, project parts, calculations, drawings) and the purpose whereof is that the building of a construction works is lawful and may be carried out, that a construction works may be reconstructed, repaired or demolished.

20. “Designing of a construction works” means the activities with the aim to prepare a project.

21. “Mandatory documents related to the preparation of a project” means territory planning documents (in the cases provided for by laws), documents confirming the right of ownership or another right to the land (construction plot), documents motivating the building of a construction works (construction works which are included in the State investment programme - prepared in the manner prescribed by the Government, other construction works for which the environmental impact assessment of the proposed economic activity is necessary - in the manner prescribed by the institution authorised by the Government), the set of construction works designing conditions (complex construction document), task of the building of a construction works, reports on the research (investigation) of a construction works and construction plot.

22. “Technical specifications for designing of a construction works” means requirements to lay public and local engineering and utility networks, to connect to them engineering systems of a construction works and technological engineering systems as well as engineering and utility networks of a construction plot, to lay public traffic routes, to connect to them traffic routes of a construction plot.

23. “Special terms for designing of a construction works” means special requirements established, within the limits of their competence, by public authorities and municipal mayor (the board) related to the building of a specific construction works, which are in compliance with the regime (regulations) of putting in order or safety of a construction plot (territory) established in territory planning documents, taking into consideration the purpose of a construction works, a specific location of the construction plot and the immediate areas surrounding it, as well as conditions for the designing, building or reconstruction of a construction works, when the normative documents of special requirements for the building of such construction works, approved in the prescribed manner, are not available.

24. “Set of construction works designing conditions” means a general document of terms and conditions (technical and special) approved for a specific construction works by the municipal mayor (the board).

25. “Co-ordination of a project” means checking if a project is in compliance with the requirements set in territory planning documents, designing terms and conditions (technical and special) of a construction works and a report on the environmental impact assessment.

26. “Expert examination of a project” means checking if a project is in compliance with the requirements of laws and other legal acts, normative technical construction documents and mandatory documents related to the preparation of a project.

27. “Supervision of the execution of a project” means supervision of the construction the purpose whereof is to control that a construction works would be built in compliance with a project.

28. “Technical supervision of the building of a construction works” means supervision of the building of a construction works organised by the client, the purpose whereof is to control if the construction is carried out in compliance with the requirements of the project, the contract (when the construction is carried out by contracting), laws, other legal acts, as well as technical regulations for construction, normative documents related to special requirements for construction.

29. “State supervision of construction” means state supervision of a project, construction, its acceptance as fit for use, from the beginning of the construction till the acceptance of a construction works as fit for use, as well as supervision of the demolition of a construction works.

30. “Expert examination of a construction works” means evaluation of a technical condition of the existing construction works or a construction works under construction with the aim to establish whether the construction works satisfies the essential requirements of a construction works, specified in paragraph 1 of Article 4 of this Law.

31. “Standard quality of a construction works” - when a project, construction work and a built construction works satisfy the requirements established normative technical construction documents.

32. “Client” means a natural person, an undertaking which does not have the rights of a legal person, as well as a legal person of Lithuania or a foreign state who invests funds into construction and performs at the same time functions of a client (or transfers such functions to any other natural or legal person, an undertaking which does not have the rights of a legal person).

33. “Person preparing a project” means a natural person, specialist (having higher education in building and civil engineering, architecture or other technical sciences) who is a designer of a construction works, solely prepares a project and is its manager, or a group of specialists of the undertaking designing a construction works, under the supervision of the project manager, formed from managers and specialists of the project parts, subordinate to him (on technical issues).

34. “Designer of a construction works” means an undertaking, natural person or other subjects, preparing a project, who are specified in paragraphs 1 and 2 of Article 14 of this Law.

35. “Person preparing a constituent part of the project” means a specialist (natural person having higher education in building and civil engineering, architecture or other technical sciences) who solely prepares a constituent part of the project and is its manager, or a group of specialists under the supervision of the manager of a project part.

36. “Contractor of the building of a construction works” (hereinafter referred to as the “contractor”) means an undertaking, natural person or other subjects specified in paragraphs 1 and 2 of Article 15 of this Law who carry out building of a construction works under the contract concluded between them and the client, and upon the completion of the construction work, they, under the act, handover the built construction works to the client for use and participate in the activities of the commission for the acceptance of the construction works as fit for use.

37. “Supplier” means a natural or legal person, as well as an undertaking which does not have the rights of a legal person (producers of construction products and equipment, distributors, importers, mounters, services organisations).

38. “Special requirements for construction” means protection and security requirements for construction works established by other laws or legal acts (and specified in paragraph 1 of Article 6 of this Law), as well as requirements for the designing, construction, acceptance as fit for use and demolition of construction works of separate types. The following mandatory requirements for the designing, construction, acceptance as fit for use and demolition of construction works shall be belong to the special requirements for construction: requirements for serviceability, efficiency and safety of technological and energy equipment, technological engineering systems, technology and energy processes; requirements for water, waste water, energy carriers and the likes supplied by engineering and utility networks and used by engineering systems of a construction works; requirements of the soil humidity regime regulated by agricultural land improvement systems, as well as requirements of agricultural practices.

39. “Institutions of State supervision of special requirements for construction” means State government institutions regulating the activities within a certain field, established by laws and Government resolutions or carrying out State supervision of construction work which is related to the special requirements for construction.

40. “Normative technical construction document” means a document which sets requirements, rules, general principles and characteristics pertaining to designing, construction, acceptance as fit for use, and demolition of a construction works. The term shall include technical regulations for construction, code of practice, standards, technical approvals, methodological instructions, recommendations.

41. “CE” means a mark confirming that a construction product satisfies the requirements for such product set by the effective legal acts of the European Union.

42. “Construction product” means an industrially produced product intended to be incorporated in a building or civil engineering works for a long period of time.

43. “Technical approval” means a document drawn up and adopted by an institution authorised by the Government, confirming that a construction product is technically assessed, suitable for use and satisfies the essential requirements of a construction works in which it is intended to use the said product, and establishing technical requirements for the construction product.

44. “Technical specification” means a document (a part of the document) the technical requirements laid down wherein must be met by a defined product, process or service. Standards and technical approvals shall comprise specifications of construction products.

45. “Engineering systems of a construction works” means engineering systems of spaces of a construction works (their parts, beds) intended for the use and maintenance of the construction works, satisfying the needs of individuals living, working or exploiting otherwise the construction works: water-supply, waste water removal, heating, ventilation, air-conditioning, gas, electric, telecommunication, fire protection, location and alarm, garbage collection systems, passenger lifts and other systems, as well as systems of their control, management, automatisation and alarm.

46. “General engineering systems of a construction works” means engineering systems of the whole building (all spaces of the building) which ensure the functioning of these spaces and satisfy the needs of their users.

47. “Separate engineering systems of a construction works” means engineering systems of one or several spaces of the building, independent of other systems (do not connected with the general engineering systems of the building), which ensure the functioning of such spaces and satisfy the needs of their users.

48. “Technological engineering systems” means industrial-purpose systems in a construction works intended for the ensuring of technological processes taking place in the construction works and normal functioning of technological equipment in the construction works. These are water-supply, waste water removal, heating, ventilation, air-conditioning, gas, fuel-supply, electric, telecommunication and information, fire protection, location and alarm, garbage disposal, waste collection, freight elevator and other systems intended to satisfy technological needs.

49. “Civil engineering works” means traffic routes, engineering and utility networks, canals, as well as all other construction works which are not buildings.

50. “Engineering and utility networks” means public or local water, sewage, heat, gas, oil or other fuel, technology pipelines, electricity-supply, energy and telecommunication lines together with their supply sources and equipment laid within the construction plot of a construction works (except the inside of the construction works) and outside its boundaries.

51. “Public engineering and utility networks” means engineering and utility networks intended for the satisfaction of the needs of users of cities, towns, villages (or separate parts, zones thereof), together with general supply sources of the networks.

52. “Local engineering and utility networks” means engineering and utility networks (together with their supply sources) intended for the satisfaction of the needs of one user or a group of users.

53. “Equipment” means machines, devices, appliances intended to produce, supply or transform energy, materials and information.

54. “Traffic routes” means places of traffic of the transport of all kinds (railway, road, sea, air and internal waters, electric traction, horse-drawn wagon and other) and pedestrians (roads, streets, paths, pavements, as well as bridges, stations, embankments, piers, airports).

55. “Load-bearing constructions” means structural elements of a construction works the essential purpose whereof is to bear loads (of constructions, equipment, snow, wind, people, ground and others).

56. “Hidden constructions of a construction works and hidden construction work” means constructions hidden by other constructions assembled later or construction work hidden by work performed later.

57. “Economically reasonable working life of a construction works” means a period during which it is reasonable to exploit a construction works, maintaining its exploitation characteristics which satisfy the essential requirements of a construction works, taking into consideration all the mutually related aspects: designing, construction and exploitation expenses, expenses used to avoid exploitation shortcomings; the risk and consequences of falling of a construction works during the period of its exploitation; planned partial renovation; expenses related to technical services, maintenance and repair.

58. “Immovable cultural properties” - as defined in the Law on Protection on Immovable Cultural Properties.

59. “Territories used for public needs” means parks, small and large squares, alleys, boulevards, beaches, botanical gardens and zoos, cemeteries which belong to legal and natural persons by the right of ownership or which are possessed or used on the basis provided for by laws of the Republic of Lithuania.

60. “Maintenance of territories used for public needs” means forming of the terrain of the territory (lowering, heightening, levelling); building of construction works related to the purpose of use of territories.

Article 3. The Right to be a Client and its Implementation

1. The right to be a client in the Republic of Lithuania shall be enjoyed by natural persons, undertakings which do not have the right of a legal person, and legal persons of Lithuania and foreign countries.

2. Such right shall be exercised in cases when:

1) the client possesses a plot of land by the right of ownership or possesses and uses it on other basis established by the laws of the Republic of Lithuania;

2) the client has a prepared, co-ordinated and approved project of a construction works;

3) the client has a permit, issued in the prescribed manner, for construction, reconstruction, repair, demolition of a construction works or for performing maintenance work of an immovable cultural property.

3. Requirements under paragraph 2 of this Article shall not apply or apply in part when simple construction works are designed and constructed, reconstructed, repaired or demolished and minor construction work is done. The list of such construction works and building work shall be approved and the procedure of designing, construction, acceptance as fit for use and demolition thereof shall be approved by the Government or an institution authorised by it

Article 4. Essential Requirements Pertaining to Construction Works

1. The construction works (or a part thereof) must be designed and built from such construction products the characteristics whereof shall, within an economically reasonable working life of the construction works, satisfy the following essential requirements:

1) mechanical resistance and stability, i.e. the loadings that are liable to act on the construction works during its constructions and use will not lead to any of the following: collapse of the whole or part of the works; major deformations to an inadmissible degree, damage to other parts of the works or to equipment, or mounted installations; damage by an event which may be avoided or limited without major difficulties and expenses (explosion, blow, overload, mistakes made by individuals);

2) safety in case of fire, i.e. in the event of an outbreak of fire the load-bearing constructions can, for a specific period of time, bear the loadings which have acted on them and have come into existence as a result of fire; the generation and spread of fire and smoke within the works are limited, as well as the spread of the fire to neighbouring construction works is limited; people inside the works can safely leave it or they can be saved in other ways; fire alarm and extinguishing systems are operable; the safety of rescue teams (firemen) is taken into consideration;

3) hygiene, health and the environment, i.e. it will not be a threat to the hygiene or health of the occupants or neighbours of the construction works as a result of any of the following: the giving-off of toxic gas, the presence of dangerous particles or gases in the air, the emission of dangerous radiation, pollution or poisoning of the water or soil, faulty elimination of waste water, smoke, solid or liquid wastes, the presence of damp in parts of the works or on surfaces within the works;

4) safety in use, i.e. the construction works does not present unacceptable risks of accidents in service or in operation (such as slipping, falling, collision, burns, injury and wounding from electric current or explosion);

5) protection against noise, i.e. noise perceived by the occupants or people nearby the construction works is kept down to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions;

6) energy economy and heat retention, i.e. the amount of thermal energy in use shall not exceed the required amount, having regard to the climatic conditions of the location and the occupants (i.e. calculated in accordance with the requirements of hygiene norms and the designation of the building or its spaces).

2. The essential requirements laid down in paragraph 1 of this Article (one, several or all) and the technical parameters of the construction works pursuant to the levels and classes of characteristics of construction works or construction products shall be established by normative technical construction documents specified in subparagraphs 1, 3 and 4 of paragraph 1 of Article 8 of this Law.

Article 5. Essential Architectural Requirements of the Construction Works

The construction works must be designed and built in such a way that:

1) solutions of an artistic expression of internal and external spaces of the construction works (including mutual proportions of separate parts or elements of the construction works) must be mutually compatible;

2) it harmonises with the landscape;

3) it is in compliance with special terms and conditions of architecture and construction plot maintenance, established by an authority authorised by the municipal mayor (board), technical construction regulations and normative documents of special requirements for construction;

4) it is fit for its intended use and technical capacities of its structures and the performance of construction work;

5) its internal engineering systems and technological engineering systems within the construction works, their design fit architectural solutions and the designation of such systems would not change and technical requirements would not be violated due to this (architectural and technical requirements would be mutually compatible).

Article 6. Protection of the Environment, Immovable Cultural Properties, Interests of the Third Parties and Other Protection

1. Designing, building, reconstruction, repair, demolition and acceptance of the construction works as suitable for occupancy must be carried out in compliance not only with this Law, but other laws, legal acts and normative technical construction documents, approved in the prescribed manner, regulating:

1) evaluation of the environmental protection and the impact of proposed economic activities on the environment;

2) protection of protected areas, immovable cultural properties and their territories;

3) fire safety;

4) public hygiene and health care;

5) labour protection and public health safety;

6) nuclear other energy safety;

7) surveillance of potentially dangerous equipment.

2. All requirements laid down in this Article shall be implemented when carrying out construction research (investigation), designing a construction works, building, reconstruction, repair, demolition and acceptance of it as fit for use.

3. The designing, constructing, reconstructing of buildings and civil engineering works must be carried out in such a way that they satisfy the needs of the disabled persons in compliance with the Law on Social Integration of Invalids.

4. A construction works must be constructed and built, and a construction plot must be maintained in such a way that during the construction and use of a built construction works, living and working conditions of the third parties which they enjoyed prior to the beginning of the construction, might be changed only in compliance of provisions of technical construction regulations and normative documents of special requirements for construction. The conditions shall be as follows:

1) maintaining of the existing technical condition of an existing construction works;

2) possibility to get access to roads of national and local importance;

3) possibility to make use of engineering and utility networks;

4) preservation of natural lighting in accordance with the requirements of hygiene and the design of workstations, in the premises intended for living, working or other activities of people;

5) preservation of fire safety systems and ways of evacuation (exits);

6) protection against noise made, vibration, electric disturbances and dangerous radiation;

7) protection against pollution of air, water, soil and deeper soil layers; preservation of environmental protection construction works and measures, their efficiency; preservation of nature treasures and cultural properties; preservation of valuable natural greenery; preservation of fire-fighting systems;

8) preservation of hydraulic engineering and land improvement equipment so that the hydrogeodynamic regime established by such equipment is not violated.

SECTION TWO

TECHNICAL REGULATION PERTAINING TO CONSTRUCTION

Article 7. Basic Principles for Technical Regulation Pertaining to Construction

Provisions of the formation of the system of national normative technical construction documents of the Republic of Lithuania must be in compliance with the principles and requirements of the system of normative technical construction documents of the European Union and international organisations (in case Lithuania is member thereof).

Article 8. System of Normative Technical construction Documents

1. Normative technical construction documents shall be as follows:

1) technical construction regulations - legal acts of an institution authorised by the Government (for nuclear facilities - legal acts of the State Atomic Energy Safety) which establish directly technical requirements for construction works and their building directly or by references to standards or code of practice;

2) code of practice - documents adopted by the ministries, government institutions, other public authorities or legal persons and registered in an institution authorised by the Government in the manner prescribed by such institution, which specify the ways and methods of the implementation of technical construction regulations;

3) Lithuanian standards prepared and adopted in the manner prescribed by the established national standardisation institution, which apply in the field of construction, as well as European and international standards adopted as Lithuanian standards:

4) technical approval - documents related to the establishment of suitability of construction products for use prepared and adopted in the manner prescribed by an institution authorised by the Government. They are prepared in the absence of appropriate Lithuanian or European standards which have been already prepared, or they are not prepared;

5) methodological instructions, recommendations - documents announced by designing and construction undertakings, science and studies institutions which are applied voluntarily, and which specify the ways and methods of the implementation of technical construction documents.

2. Technical construction regulations shall be mandatory to all participants of construction, as well as to legal and natural persons and undertakings which do not have the rights of the legal person the activities whereof are regulated by this Law, to central and local government institutions which carry out State regulation.

3. Code of practice, Lithuanian standards and technical approvals shall apply voluntarily, except for the cases when technical construction regulations or other legal acts indicate that the said rules, standards, approvals must be applied. Code of practice, Lithuanian standards and technical approvals to which reference is made in design contracts or contracts, shall be obligatory for the parties to the concluded agreement.

4. Technical construction regulations shall also include special requirements for construction referred to in paragraph 38 of Article 2 of this Law, by expressing them in technical parameters or references to the legal acts regulating such special requirements for construction.

5. Procedure for preparation, approval and publishing of normative technical construction documents and documents pertaining to special requirements for construction (except Lithuanian standards applied in construction) shall be set by an institution authorised by the Government in the manner prescribed by laws and other legal acts.

Article 9. Application of Normative Technical construction Documents of International, European Standardisation Organisations and Foreign Countries

1. The following documents may be applied in the Republic of Lithuania:

1) normative technical construction documents of international and European standardisation organisations - in accordance with the rights of membership of an institution authorised by the Government of the Republic of Lithuania in such organisations and in the manner prescribed by such organisations;

2) (national) normative technical construction documents of foreign countries - in accordance with agreements between appropriate national standardisation institutions of those countries and institutions authorised by the Government of the Republic of Lithuania, and in the manner prescribed by such institutions;

3) normative technical construction documents of organisations of foreign countries - in the manner prescribed by the Government of the Republic of Lithuania or an institution authorised by it.

SECTION THREE

MAIN AREAS OF TECHNICAL CONSTRUCTION ACTIVITIES

Article 10. Main Areas of Technical Construction Activities

1. The main areas of technical construction activities shall be as follows:

1) construction research (investigation);

2) designing of a construction works and supervision of the execution of a project;

3) expert examination of the project and of the construction works;

4) the process of building the construction works;

5) technical supervision of the building process.

2. The main areas of technical construction activities may be directed only by specialists whose skills and abilities have been attested (project managers, managers of the parts of a project, managers of the supervision of the execution of a project and its parts, managers of the building process and managers of special works related to the building process, technical supervisors of building process (managers of general technical supervision and managers of special technical supervision), managers of expert examination of a project or its parts, managers of expert examination of a construction works). The said managers must satisfy the qualification requirements approved by an institution authorised by the Government (education, work record, professional and legal knowledge).

3. The rights and obligations of managers working in the main areas of technical construction shall be established by this Law and qualification requirements for the said managers, approved by an institution authorised by the Government.

4. The procedure for attesting the skills and abilities of managers working in the main areas of technical construction, referred to in paragraph 2 of Article 14 and paragraph 2 of Article 15 of this Law, shall be established by the Government or by an institution authorised by it.

5. Persons whose skills and abilities have not been attested shall have the right to manage designing of simple construction works and minor construction work, building process, supervision of the execution of a project, technical supervision of building process.

SECTION FOUR

PARTICIPANTS OF THE CONSTRUCTION PROCESS, THEIR DUTIES AND OBLIGATIONS

Article 11. Participants of the Construction Process

Participants of the construction process shall be as follows:

1) client;

2) researcher (investigator);

3) designer;

4) contractor;

4) manager of the building process (technical supervisor);

5) supplier.

Article 12. Duties and Obligations of the Client

1. The client must:

1) submit to a designer mandatory documents related to project preparation;

2) organise (or task a designer to do so) construction research (investigation), established by normative technical construction documents, of the construction site, construction plot and neighbouring construction works and sites that may be affected by the construction;

3) appoint (hire) a project manager (or task a designer to do so) who would satisfy the requirements of paragraph 2 of Article 10 of this Law (managers of simple construction works and minor building work project shall be appointed in compliance with paragraph 5 of Article 10 of this Law); have a project of the construction works that has been prepared, co-ordinated and in the case of a construction works of exceptional significance - approved (and when necessary, carry out mandatory expert examination prior to the approval) pursuant to an established procedure;

4) submit for co-ordination to the municipal mayor (board) a project of the construction works of exceptional significance;

5) obtain a permit from the county governor to build, reconstruct, repair the construction works of exceptional significance or to perform maintenance of an immovable cultural property; obtain a permit of the municipal mayor (board) to build, reconstruct or repair any other construction works;

6) upon having decided to build, reconstruct, repair a construction works or perform maintenance of an immovable cultural property, organise its construction and finance it within the terms and under conditions set forth in an agreement; appoint a manager of construction in the case of self-dependent construction;

7) organise and carry out technical supervision of the building process, appoint a technical supervisor of the building process;

8) ensure that the building process is in compliance with the project; conclude an agreement with the designer of a construction works, so that he would carry out the supervision of the execution of a project, when such supervision is mandatory or on his own initiative;

9) commission (or task the contractor to do so) to make in the prescribed manner geodetic pictures of laid engineering and utility networks and traffic routes;

10) organise in the prescribed manner the acceptance of the completed construction works as fit for use;

11) upon suspending construction work the procurement whereof is executed in compliance with the Law on Public Procurement, without taking into consideration the reasons for the suspending, organise, in the manner prescribed by the Government of an institution authorised, conservation of the construction works under construction;

12) in the case of self-dependent construction, grant permission to officers executing the State supervision of the building process, persons authorised by the designer of a construction works, when this is related to the performance of their duties, to freely enter construction plots, construction works (apartments located in such construction works) which are built (reconstructed, repaired) or demolished, upon the request of the said persons, submit to them all documents pertaining to the construction.

2. The client shall have the right to:

1) select the manner of designing (place an order to a designer or to a contractor for making a design of a construction works or select another manner of designing a construction works, which would not be in contravention of laws and other legal acts of the Republic of Lithuania);

2) select the following type of construction: contract, self-dependent or mixed (part of the work is carried out in a self-dependent manner and part - in a contract manner), or another type of construction which would be in compliance with laws and other legal acts;

3) at his own discretion or by tendering procedure select designers, contractors and suppliers (unless otherwise provided in legal acts), for designing of a construction works and the works the public procurement whereof is mandatory - in the manner prescribed by the Law on Public Procurement;

4) jointly with the designer fix the time schedule for the preparation of designing of a construction works.

Article 13. Rights and Duties of the Researcher (Investigator)

1. The researcher (investigator) must:

1) conduct research (investigation) in accordance with tasks of research (investigation) and present results of the research (investigation) to the client;

2) when conducting research (investigation), observe safety rules.

2. The following shall have the right to conduct construction research (investigation):

1) construction engineering geodetic investigation - an undertaking registered in the Republic of Lithuania which has been granted a licence of the State Geodesy and Cartography Service to conduct such works;

2) construction engineering geological (geotechnical) investigation - an undertaking or a natural person registered in the Republic of Lithuania having obtained a permit of the Geological Survey of Lithuania to conduct investigations of this kind;

3) research (investigation) of existing construction works (research of structures, engineering and utility networks of the construction works, measurements) - legal or natural persons in the manner prescribed by an institution authorised by the Government;

4) special research (hygiene, archaeological research, research of immovable cultural properties, etc.) - an undertaking or a natural person registered in the Republic of Lithuania, in the manner prescribed by institutions of the State supervision of special requirements.

Article 14. The Right to be a Designer of a Construction Works. Duties and Rights of the Designer

1. The following shall have the right to be a designer of a construction works:

1) an undertaking registered in the Republic of Lithuania the articles of association whereof provide for architectural and engineering activities and consultations related thereto;

2) a natural person who obtains a patent for designing construction works;

3) work groups of subdivisions of construction, architectural, engineering profile, belonging to science and studies institutions;

4) a foreign design undertaking which has documents of certification issued by the institutions of its country and legalised by international agreements of the Republic of Lithuania.

2. The right to prepare designs of construction works of exceptional significance (the list whereof is approved by the Government or an institution authorised by it, specifying features of complexity of construction works and their technical parameters) shall be vested with a design undertaking registered in the Republic of Lithuania or a foreign designing undertaking certified for designing of construction works of exceptional significance by an institution authorised by the Government. The right to design nuclear facilities shall be granted in accordance with the Procedure established by the Law on Nuclear Energy.

3. The designer must:

1) on the instruction of the client, appoint a project manager who would satisfy the requirements under paragraph 2 of Article 10 of this Law. A project manager of simple construction works or minor construction work shall be appointed in compliance with paragraph 5 of Article 10 of this Law;

2) prepare a project of the construction works in compliance with the documents referred to in this Law:

3) sign a project of the construction works if such project is in compliance with the provisions of legal acts, mandatory project preparation documents, normative technical construction documents and documents related to special requirements for construction;

4) make corrections in the design of the construction works in accordance with the comments of the council for co-ordination of designs, formed the client and municipal mayor (board), if such comments are grounded on normative technical construction documents and documents related to special requirements for construction;

5) make corrections in the design of the construction works in accordance with the mandatory comments of the act related to expert examination of a design;

6) in case the client so orders, carry out supervision of the execution of the project of a construction works;

7) participate in acceptance of the construction works as fit for use;

8) in compliance with the requirements laid down in paragraph 2 of Article 38 of this Law, furnish to the county governor information on the concluded agreements pertaining to designing and civil liability.

4. The designer shall have the right to:

1) instruct specialists (when this is related to the performance of their duties) to check up in the construction plot during the building process, compliance with the solutions of a project and make relevant records in the construction works’ book;

2) demand that construction is suspended, if it is carried out not in accordance with the project or a threat of an accident has been determined, and notify the county governor so that the latter would inform an appropriate institution of the State supervision of special requirements about this;

3) carry out functions of other participants of construction, except expert examination of the project prepared by him and the construction works built or under construction in accordance with such project.

Article 15. The Right to be a Contractor. Duties and Rights of the Contractor

1. The following shall have the right to be a contractor:

1) an undertaking registered in the Republic of Lithuania, the articles of association whereof provide for construction as a type of activities;

2) a natural person upon obtaining under the procedure established by the Government a patent for construction activities;

3) a foreign construction undertaking issued documents of certification by institutions of its country and legalised by international agreements of the Republic of Lithuania.

2. The right to build, reconstruct, repair or demolish construction works of exceptional significance (the list whereof is approved by the Government or an institution authorised by it, specifying features of complexity of construction works and their technical parameters) shall be vested with a construction undertaking registered in the Republic of Lithuania or a foreign construction undertaking certified for building construction works of exceptional significance by an institution authorised by the Government. The right to construct and reconstruct nuclear facilities shall be granted in accordance with the Procedure established by the Law on Nuclear Energy.

3. The Contractor must:

1) appoint a construction manager who must satisfy the requirements referred to in paragraph 2 of Article 10 of this Law. A manager of the building of simple construction works or performance of minor construction work shall be appointed in compliance with paragraph 5 of Article 10 of this Law;

2) commence construction work only after he has received from the client a permit to construct, reconstruct, repair, demolish a construction works or perform maintenance of an immovable cultural property, a project co-ordinated in the prescribed manner and in the case of the construction works of exceptional significance - approved as well, and handed over a construction site (which has been accepted by the contractor) under the act;

3) carry out construction work in accordance with the project, and in the cases established by an institution authorised by the Government, in compliance with the project of technology of construction work prepared by the contractor, act pursuant to laws, territory planning documents, normative technical construction documents and documents related to special requirements for construction, satisfy the requirements of technical specifications and special conditions, instructions of State construction supervision institutions, institutions of the State supervision of special requirements, managers of supervision of the execution of a project (or managers of the parts of such supervision), and managers of the technical supervision (general and special) of the building process;

4) put up a bill-board near the construction plot (or construction site) with information on the on-going construction, except for the cases when simple construction works are built or minor construction work is carried out;

5) ensure safety at work, fire safety and environmental protection, and proper labour hygiene conditions in the construction plot and a construction works under construction, as well as protection of neighbouring environment and nature, and immovable cultural properties, protection of people who live, work, rest or move near the construction site from threats posed by construction work, and not violate conditions of living and activities of any third parties specified in paragraph 4 of Article 6 of this Law;

6) execute documents pertaining to the building of a construction works specified in normative technical construction documents and deliver such documents to the client; in case the contractor loses such documents, it must at its own cost restore them, carry out studies on the structures, and uncover covered structures and works;

7) participate in acceptance of the construction works as fit for use;

8) grant permission to officers of institutions authorised by the Government executing the State supervision of the building process, persons authorised by the client, designer of a construction works, when this is related to the performance of their duties, to freely enter construction sites, construction works (apartments located in such construction works) which are built (reconstructed, repaired) or demolished, and upon the request of the said persons, submit to them all construction documents;

9) submit to the county mayor information about concluded contracts and civil liability insurance contracts in accordance with the requirements laid down in paragraph 3 of Article 38 of this Law.

4. The contractor shall have the right to:

1) select sub-contractors either on tender basis or at own discretion, if not prohibited by the contract;

2) obtain a permit from the client, issued in the manner prescribed by Article 22 of this Law, to build, reconstruct, repair or demolish a construction works, to perform maintenance of immovable cultural properties; documents pertaining to research of a construction works, a project of the construction works, in the event of the building of a construction works of exceptional significance - a document confirming such project; technical specifications and special conditions for designing, documents confirming the quality of construction products and equipment as well as other documents and information needed to satisfy the contractual terms and conditions;

3) perform functions pertaining to other participants of the building process, except technical supervision of the construction of a construction works built by the client and expert examination of the project of the construction works and the construction works itself.

5. In the case of self-dependent construction, the client shall have the contractor’s rights and duties laid down in this Law.

Article 16. Duties and Rights of the Technical Supervisor of the Building Process

1. The client shall appoint a technical supervisor of the building process who must meet the requirements referred to in paragraph 2 of Article 10 of this Law. Technical supervisor of simple construction works and minor construction work shall be appointed in compliance with paragraph 5 of Article 10 of this Law.

2. The technical supervisor of the building process must:

1) monitor the compliance of the building process with the project, check the quality of construction products and equipment used during the building process, and prevent them from being used in case they do not comply with the project, normative technical construction documents, and if no documents in confirmation of the quality have been provided;

2) check the quality of construction work and the scope thereof, inform the client about the carried out construction work which do not satisfy normative requirements for quality;

3) check and accept covered construction works and covered structures of a construction works, participate at testing and accepting engineering and utility networks, engineering systems, equipment and structures;

4) jointly with the contractor prepare documents for accepting the construction works as fit for use and participate during the acceptance of the construction works as fit for use.

3. The technical supervisor of the building process shall be entitled (upon making a relevant entry in the construction work book) to demand that the contractor:

1) provides documents in confirmation of the quality of building and assembling works carried out, construction products and equipment;

2) corrects any violations of the project, normative technical construction documents and documents of special requirements for construction;

3) corrects violations of the normative quality of construction work.

4. If the contractor fails to meet the requirements referred to in paragraph 3 of this Article, the technical supervisor must inform the county governor about this and demand that the building process be suspended.

5. If a construction works or the building process poses a threat to people or the environment, the technical supervisor shall have the right to suspend the building process himself and to appeal to the county governor so that the latter would adopt a decision confirming or revoking the demand of the technical supervisor.

6. The procedure of technical supervision of the building process shall be established by an institution authorised by the Government.

Article 17. Rights and Duties of Suppliers of Construction Products

1. The supplier of construction products shall have the right to supply construction products to the Lithuanian market, provided their fitness for the intended use is established in accordance with the technical specifications legalised in Lithuania or, in the absence of such specifications, in accordance with the procedure established by an institution authorised by the Government.

2. The supplier of construction products shall have the right to affix conformity marks to construction products supplied to the markets of Lithuania and the European Union (to affix a CE mark or, in the absence of co-ordinated technical specifications, to affix, in a manner prescribed by an institution authorised by the Government, another conformity mark specified in a certificate of a construction product).

3. The supplier of construction products shall not have the right to affix to supplied products or their packages any other deceiving mark which is similar the marks referred to in paragraph 2 of this Article.

SECTION FIVE

CONSTRUCTION RESEARCH. DESIGNING OF A CONSTRUCTION WORKS

Article 18. Construction Research (Investigation)

1. Construction research (investigation) shall be carried out on the grounds of:

1) a task approved by the client of research (investigation) - a client, designer or contractor;

2) laws, Government resolutions, technical construction regulations, normative documents related to research (investigation) approved by institutions authorised by the Government.

2. Research (investigation) shall be conducted prior to the beginning of preparation of a project, and in separate cases - during the designing of a construction works and the building process (when circumstances which are not provided for in a project, arise during the building process).

3. A researcher (investigator) must present to the client of research (investigation) a research report the content whereof is established by an institution authorised by the Government in accordance with a type of research (investigation).

Article 19. A Project. Designing Terms

1. A project shall be prepared on the basis of :

1) this and other laws regulating special requirements for construction, other legal acts, territory planning documents and normative technical construction documents as well as documents of special requirements for construction.

2) mandatory documents related to preparation of a project.

2. The client shall present a request to the municipal mayor (board) for obtaining a set of construction works designing conditions.

3. Upon the receipt of a request of the client, an agency authorised by the municipal mayor (board) shall, within 3 days, submit an application to owners or users of engineering and utility networks and traffic routes so they prepare technical specifications of designing, and to institutions of the State supervision of special requirements for construction - for preparation of special designing conditions. The time period for the preparation of technical specifications and special conditions of designing shall be 10 days of the receipt of the application of an agency of the municipal mayor (board). An employee authorised by the administration of a local authority shall, within the same time limit, prepare special designing conditions which fall within the competence of a self-government institution.

4. An agency authorised by the municipal mayor (board) shall consider technical and special designing conditions, harmonise them, if necessary, propose their amendments (seeking to find a solution satisfying the interests of the client, third parties, the public, local authority and the State) and approve them. Designing conditions shall be included in the set of construction works designing conditions (complex construction document). The municipal mayor (board) shall approve it and issue to the client not later than 20 days after the receipt of his request.

5. It shall be prohibited to include in the designing conditions a requirement that the client conduct repair or reconstruction works of existing engineering and utility networks and traffic routes, which must be conducted by the owners or users of such networks or routes. If due to a designed construction works it shall be necessary to expand the existing engineering and utility networks, traffic routes or to lay new ones, designing conditions shall specify the procedure of their financing and use (following the completion of the construction), the rights of ownership.

6. Technical specifications and special conditions designing of a construction works intended for safe keeping of material resources of the State reserve must conform to the requirements established by the Government or an institution authorised by it, which are necessary to ensure quality, safe keeping and possibilities of use of material resources of the State reserves.

7. An institution authorised by the Government shall, not later than before the issuance of a permit to construct, reconstruct, repair or demolish, upon the receipt of a request of a client or having established on its own initiative that technical specifications and special conditions of designing of a construction works do not conform to laws and other legal acts, have the right to propose to owners or users of engineering and utility networks and traffic routes, institutions of the State supervision of special requirements for construction and the municipal mayor (board), which established such conditions, to revoke or amend the said conditions. When maintenance of immovable cultural properties is carried out or construction works are built on their territory, this right shall be enjoyed by an institution authorised by the Government in conjunction with the Department of the Protection of Cultural Properties.

8. The set of designing conditions shall be valid as long as a permit to construct, reconstruct, repair a construction works or to carry out maintenance of a immovable cultural property is valid. If the said permit has not been issued within 5 years from the obtaining the set of designing conditions, the municipal mayor (board) shall approve the set of designing conditions anew (designing conditions remain the same or are amended).

9. A project shall be drawn up by a group of authors of the project headed by the project manager or a natural person who himself is a project manager. The group of authors shall consist of managers of the parts of the project, subordinate to the manager of the project (on technical issues), and specialists directed by them.

10. The procedure and composition of preparation of mandatory documents related to preparation of a project (including construction works designing conditions) and projects shall be established by an institution authorised by the Government, and in the event of maintenance of immovable cultural properties or building of a construction works in their territory - the said institution in conjunction with the Department of the Protection of Cultural Properties.

Article 20. Architectural Decisions of a Project. Architect of a Project

1. Apart from other established project parts, an architectural part of a project shall be mandatory for all overground construction works and those underground (underwater) construction works which are intended for living or working of individuals, or for meeting their other needs (except underground construction works in which individuals do not live and work and are present only for the purpose of the maintenance of such construction works (engineering and utility networks, technical tunnels, etc.).

2. The architect of a project shall be the manager of an architectural part of the project, who meets the requirements laid down in paragraph 2 of Article 10 of this Law and is subordinate to project manager (on technical issues).

3. When carrying out an expert examination of the project, only those architectural solutions shall be checked which are regulated by normative technical construction documents and mandatory documents related to project preparation.

4. An architect of a project, when preparing an architectural part of a project, must act in compliance with Article 5 of this Law. The project architect as an author shall, at his own desecration, adopt those architectural solutions of a project which are not regulated by the said Article.

Article 21. Co-ordination and Approval of the Project

1. The client shall submit to the municipal mayor (board) a project of a construction works of exceptional significance subject to co-ordination. Presentation of a project of any other construction works in order to obtain a permit to construct, reconstruct, repair or demolish shall be regarded as its presentation for co-ordination.

2. The municipal mayor (board) shall submit the received project for co-ordination to the projects co-ordination council, set up by it, which shall comprise representatives of the municipal mayor (board) and the institutions or subjects who have established technical and special designing conditions in accordance with laws. When maintenance of immovable cultural properties is carried out or a construction works is built in their territory, a project shall be presented for co-ordination to the projects co-ordination council and the Department of the Protection of Cultural Properties (within the competence established by law). A representative authorised by the client and a project manager shall take part in the co-ordination of the project.

3. The municipal mayor (board) shall approve the composition of the projects co-ordination council.

4. During the co-ordination of a project it shall be checked whether the requirements for construction site (territory) regime (regulations), set by territory planning documents as well as the requirements set in conditions pertaining to the designing of a construction works have been executed.

5. During the co-ordination of a project it shall be prohibited to set requirements which have not been included in territory planning documents and conditions pertaining to the designing of a construction works.

6. A project of a construction works of exceptional significance shall be considered to be co-ordinated (or not co-ordinated) when the municipal mayor (board) approves the minutes of the projects co-ordination council which indicates that the project is co-ordinated (when it is not co-ordinated, a reason for non-co-ordination shall be indicated).

7. The municipal mayor (board) must, not later than within 10 days from the presentation of the project to the municipal mayor (board), submit to the client and county governor the minutes, approved by him, of the meeting of the projects co-ordination council, in which the construction works of exceptional significance was co-ordinated. When co-ordinating a project of any other construction works, the approved project shall be submitted only if the project has not been co-ordinated, and reasons for non-co-ordination shall be indicated.

8. The time limit of co-ordination of a project, specified in paragraph 7 of this Article, when a permit to construct, reconstruct, repair or demolish a construction works is issued the municipal mayor (board), shall comprise the time limit of the co-ordination of the project and the issuance of the said permit.

9. If project solutions are revised in the co-ordinated project, related to the requirements laid down in paragraph 4 of this Article, the revised solutions must be co-ordinated in accordance with he requirements of this Article.

10. If it impossible to implement some provisions of normative technical construction documents and documents of special requirements for construction when preparing a project, technical measures to compensate for deviations from the provisions must be provided for. Such measures must be co-ordinated (prior to the co-ordination at the projects co-ordination council) with the institutions which approved the said normative documents.

11. A project of a construction works of exceptional significance must be approved. The project shall be approved in the event of availability of the conclusions of an expert examination act stating that approval of such project is recommended.

12. The procedure for co-ordination and approval of projects of construction works of exceptional significance shall be established by an institution authorised by the Government, and in the event of carrying out maintenance of immovable cultural properties or building construction works in the territory of such immovable cultural properties - by the said institution in conjunction with the Department of the Protection of Cultural Properties.

SECTION SIX

A PERMIT TO CONSTRUCT, RECONSTRUCT, REPAIR

OR DEMOLISH A CONSTRUCTION WORKS AND CARRY OUT MAINTENANCE OF IMMOVABLE CULTURAL PROPERTIES. ACCEPTANCE OF A CONSTRUCTION WORKS AS FIT FOR USE

Article 22. Permit to Construct, Reconstruct, Repair or Demolish a Construction Works and Perform Maintenance of Immovable Cultural Properties

1. A construction works of exceptional significance may be constructed, reconstructed, repaired or demolished only upon obtaining a permit from the county governor, and any other construction works - a permit from the municipal mayor (board).

2. A permit to perform maintenance of construction works which are immovable cultural properties shall be issued by the county governor only upon the co-ordination of the project of maintenance with the Department of the Protection of Cultural Properties in accordance with the requirements referred to in Article 21 of this Law. The same procedure shall apply to the issuance of permits to construct, reconstruct, repair or demolish a construction works within the territory of immovable cultural properties. A copy of such permit shall be submitted by the county governor to the Department of the Protection of Cultural Values.

3. A permit to build nuclear facilities shall be issued in accordance with the procedure established by the Law on Nuclear Energy.

4. In order to obtain a permit to construct, reconstruct, repair or demolish a construction works of exceptional significance or to perform maintenance of immovable cultural properties, the client must submit to the county governor, and regarding any other construction works - to the municipal mayor (board) the following documents:

1) a request of an established form;

2) a document confirming the ownership, management or use on other grounds of a plot of land of the client;

3) a project of a construction works of exceptional significance, co-ordinated and approved in a prescribed manner, a project of any other construction works which is being co-ordinated by the municipal mayor (board);

4) a document pertaining to the appointment of a technical supervisor of the building of a construction works (when technical supervision is mandatory);

5) a certificate of cadastre measurements and registration of a construction works, when the construction works is being reconstructed or repaired.

5. In order to obtain a permit to demolish a construction works of exceptional significance, the client must submit to the county governor, and regarding any other construction works - to the municipal mayor (board) the following documents:

1) a request of an established form;

2) description of the technology of demolition of a construction works, a project of demolition of a construction works of exceptional significance;

3) a certificate of cadastre measurements and registration of a construction works.

6. A permit to construct, reconstruct, repair or demolish a construction works of exceptional significance, to perform maintenance of immovable cultural properties shall be issued by the county governor within 5 days, and regarding any other construction works - by the municipal mayor (board) not later than within 10 days from the presentation of documents specified in paragraph 4 of this Article, upon having established that:

1) construction or demolition conforms to the requirements of laws, other legal acts and normative technical construction documents as well as documents of special requirements for construction;

2) a project of a construction works of exceptional significance conforms to the requirements of territory planning documents and has been co-ordinated and approved in a prescribed manner (upon having conducted an expert examination when it is mandatory), and a project of any other construction works conforms to the requirements of territory planning documents and designing conditions and has been co-ordinated.

7. The time limit, specified in paragraph 6 of this Article, of issuance of a permit to construct, reconstruct, repair or demolish a construction works which is issued by the municipal mayor (board), shall include the time period necessary for the co-ordination of the project.

8. If a permit to construct, reconstruct, repair or demolish a construction works or to perform maintenance of immovable cultural properties is not issued, the county governor or the municipal mayor (board) shall, during the time period specified in paragraph 6 of this Article, inform in writing the client about this and indicate concrete reasons for not issuing the said permit.

9. A permit to construct, reconstruct, repair a construction works or to perform maintenance of immovable cultural properties shall be valid for the time period of 10 years, and a permit to demolish - 3 years.

10. A permit to construct, reconstruct, repair a construction works or to perform maintenance of immovable cultural properties shall become invalid:

1) when pursuant to a procedure established by law a plot of land (part thereof) is taken for public needs;

2) by court decision;

3) when, upon finding out that it has been issued unlawfully, a permit pertaining to a construction works of exceptional significance is revoked by the county governor or an institution authorised by the Government, and a permit pertaining to any other construction works - by the municipal mayor (board), county governor or an institution authorised by the Government;

4) if during 10 years from the granting of such permit, the construction works has not been accepted as fit for use.

11. A permit to demolish shall become invalid in the cases laid down in subparagraphs 1, 2, 3 of paragraph 10 of this Article, also if during 3 years from the granting of such permit the construction works has not been demolished.

12. The procedure for granting permits to construct, reconstruct, repair or demolish shall be established by an institution authorised by the Government, and in the event of the carrying-out of maintenance of immovable cultural properties or the building of construction works within their territory - by an institution authorised by the Government in conjunction with the Department of the Protection of Cultural Properties.

13. A list of simple construction works for the construction, reconstruction, repair or demolition whereof and minor construction work for the carrying-out of which permits are not necessary, shall be approved by an institution authorised by the Government.

14. Records and a list of permits to construct, reconstruct, repair or demolish construction works shall be kept by the county governor; when maintenance of immovable cultural properties or building of construction works within the territory of such cultural properties is carried out - by the Department of the Protection of Cultural Properties as well. The procedure for making records and a list shall be established by the Government or an institution authorised by it.

Article 23. Accepting Construction Works as Fit for Use and Use thereof

1. Construction works (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 upon having carried out the building provided for in the project of the construction works (or a part thereof) and after special conditions and technical specifications of designing of the construction works (or a part thereof) have been met, after the engineering and utility networks and traffic routes. (necessary for exploitation of the construction works or a part thereof which are being accepted as fit for use) have been tested, and geodetic pictures have been taken.

2. The procedure and requirements for acceptance of completed construction works as fit for use shall be established by an institution authorised by the Government, and when maintenance of immovable cultural properties and building of construction works of construction works within the territory of such cultural properties are carried out - by an institution authorised by the Government in conjunction with the Department of the Protection of Cultural Properties. Such procedure and requirements for nuclear facilities shall be established by the Law on Nuclear Energy.

3. Construction works may be used only after all the requirements referred to in paragraph 1 of this Article have been met.

4. Construction works which have been accepted as fit for use must be registered in the Register of Immovable Property

SECTION SEVEN

AN ACCIDENT OF CONSTRUCTION WORKS

Article 24. An Accident of Construction Works

1. An accident of construction works (hereinafter referred to as “accident”) shall be uncontrollable collapse of construction works or part thereof, structural elements, 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.

2. When an accident takes place during the construction, reconstruction, repair or demolition of a construction works, the building contractor (in the case of self-dependent construction - the client) must forthwith:

1) organise and render aid to the victims;

2) resort to urgent preventive measures to avoid any further consequences of the accident;

3) protect the area of the accident from impacts that may interfere with investigation of the causes of such accident;

4) notify the municipal mayor (board), the county governor about the accident; if the accident occurred during the building process, notify also the client, technical supervisor of the building process and designer of a construction works; in case of injuries, notify also the law enforcement institution and the State Labour Inspectorate. If an accident occurs in a construction works assigned to immovable cultural properties, within their territories, a regional subdivision of the Department of the Protection of Cultural Properties must also be notified about such accident; and should an accident due to which the environment is polluted (or may be polluted), takes place - the Ministry of the Environment as well; if an accident is related to equipment, it must be reported to relevant State supervision institutions;

5) if an accident occurred due to the accident of potentially dangerous equipment or if because of the accident of the construction works, such equipment have been broken, beside the institutions specified in subparagraph 4 of paragraph 2 of this Article, appropriate State supervision and control institutions must be notified about this, and in the event of nuclear accident - the State Nuclear Safety Inspectorate;

6) describe the status of the construction works after the accident, indicating changes and location of occurrence of such changes.

3. The procedure for investigation and management of an accident shall be established by an institution authorised by the Government (regarding accidents related to equipment - a State supervision institution within its competence).

SECTION EIGHT

STATE REGULATION OF CONSTRUCTION. SUPERVISION OF CONSTRUCTION

Article 25. Sate Regulation of Construction

The State regulation of construction of the Republic of Lithuania shall be enforced by the Government or an institution authorised by it.

Article 26. State Supervision of Construction

1. The State supervision of construction shall be exercised by county governors and other institutions authorised by the Government.

2. Institutions of the State supervision of special construction requirements shall, within the competence assigned to them by laws and other legal acts, exercise the State supervision of special construction requirements in the following manner:

1) establish special conditions of designing of a construction works and control the fulfilment thereof;

2) in a prescribed manner, take part in the co-ordination of a project, the conducting of an expert examination of a project and a construction works, acceptance of a construction works as fit for use.

3. The State Geodetic and Cartographic Service and county governors shall, within their competence, exercise the State supervision of engineering geodetic construction investigation.

4. The Geological Survey of Lithuania shall exercise the State supervision of engineering geological (geotechnical) construction investigation.

5. The procedure of the State supervision of construction shall be established by the Government.

Article 27. Expert Examination of Projects. Expert Examination of Construction Works

1. Expert examination of a project of a construction works of exceptional significance shall be mandatory.

2. An undertaking or a company of a foreign state registered in the Republic of Lithuania shall have the right to make an expert examination of a project 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 project or a construction works.

3. Expert examination shall be made at the request of the county governor, institutions authorised by the Government which exercise the State supervision of construction, only when:

1) an accident of a construction works has occurred or a threat thereof or deformations of a construction works have been established;

2) a complaint of the client or the user of a construction works has been received that the construction works does not conform to the essential requirements referred to in paragraph 1 of Article 4 of this Law.

4. The procedure of making of and the types of expert examination of projects and construction works shall be established by an institution authorised by the Government.

Article 28. Technical Supervision of Construction

1. Technical supervision of construction shall be mandatory for all construction works, except simple construction works the list whereof shall be approved by an institution of the Government.

2. The procedure of carrying out technical supervision of construction shall be established by an institution authorised by the Government.

Article 29. Supervision of the Execution of a Project

1. Supervision of the execution of projects of construction works of exceptional significance shall be mandatory.

2. The client shall have the right to task the designer with the supervision of the execution of a project and technical supervision of the building process of a construction works.

3. Supervision of the execution of a project (during the building process) shall be exercised by a author of a project together with authors of the parts of the project in accordance with a written agreement between the client and the designer. By a written consent of the author of a project or in the absence of such author (the designing undertaking which prepared the project has ceased its operation, an author of a project - a natural person, is not longer engaged in designing activities, or he does not have a patent for such activities, or a certificate of a project manager, or he is dead), supervision of the execution of a project may be exercised by another designer of a construction works selected by the client.

4. The manager of the supervision of execution of a project and the managers of the parts of such supervision (corresponding to the parts of the project) must meet the requirements referred to in paragraph 2 of Article 10 of this Law. The manager of supervision of the execution of a project of simple construction works or minor construction work shall be appointed in compliance with paragraph 5 of Article 10 of this Law.

5. The procedure for supervision of the execution of a project shall be established by an institution authorised by the Government, and when maintenance of immovable cultural properties or building 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 Department of the Protection of Cultural Properties.

Article 30. Public Information

1. The client must inform the public about the commencement of building of construction works used for public needs. The list of such construction works (indicating the purpose of construction works) and the procedure for public information shall be established by the Government or an institution authorised by it.

2. Any natural or legal persons as well as undertakings which do not have the rights of a legal person, shall have the right to appeal to the county governor, if the solutions of a project do not conform to the approved territory planning documents. The county governor shall adopt a decision to recall the co-ordination of a project or to suspend the building process on the basis of laws of the Republic of Lithuania.

Article 31. Suspension of Construction and Designing

1. The county governor or the municipal mayor shall have the right to suspend construction on his own initiative or when it is required by:

1) an institution of the State supervision of special requirements for construction (unless it has been granted the right to suspend construction by laws and other legal acts);

2) a client;

3) a designer of a construction works who exercises the supervision of execution of a project;

4) a technical supervisor of construction.

2. A representative of the Government shall have the right to suspend construction, upon having established that the permit issued by the municipal mayor (board) is not in compliance with laws and other legal acts.

3. The county governor or the municipal mayor shall adopt a decision to suspend construction (and specify the time limit of suspension of a construction works) when:

1) it is established that the client or the contractor has violated the solutions of a project, as well as the requirements of normative technical construction documents and documents of special requirements for construction;

2) the mistakes of a project become clear, which constitute a threat of an accident of a construction works;

3) a permit to construct, reconstruct or repair becomes invalid.

4. The county governor shall have the right to adopt a decision to suspend designing or construction work, if the designer or contractor of a construction works has not concluded a compulsory civil liability insurance contract.

5. The client and the contractor must eliminate the violations specified in paragraph 3 of this Article and the consequences thereof, and obtain a written consent of the county governor to continue with the construction.

Article 32. Transfer of a Construction Works which is not Completely Built or Reconstructed

1. An agreement for transfer of a construction works which is not completely built or reconstructed to any other legal or natural person may be notarised only upon providing a certificate issued by the county governor to the effect that the construction works is being built or reconstructed without any essential deviations from the co-ordinated project (in the case of a construction works of exceptional significance - the project must be approved also), and immovable cultural properties are transferred - a certificate containing the same information and issued by the Department of the Protection of Cultural Properties.

2. All the rights and obligations of the client who has obtained a permit to build or reconstruct a construction works shall become vested in any legal or natural person, or an undertaking without the rights of a legal person, who has acquired the construction works which is not completely built or reconstructed only upon re-registration of the permit to construct or reconstruct in the name of the person who has acquired the construction works.

3. In order to reregister a permit, a legal or natural person as well as an undertaking without the rights of a legal person, who has acquired a construction works, must submit the documents referred to in paragraph 4 of Article 22 of this Law (a project must be presented only if it is revised), and the contract related to the transfer of the construction works, specified in paragraph 1 of this Article to the county governor if a construction works of exceptional significance is acquired or to the municipal mayor (board) if any other construction works is acquired.

SECTION TEN

DEMOLITION OF A CONSTRUCTION WORKS

Article 33. Demolition of a Construction Works

1. A completed construction works or a construction works which is not completely built or reconstructed (except immovable cultural properties) shall be demolished in the following cases:

1) at owner’s will;

2) at the proposal of any legal, natural persons, undertakings which do not have the rights of a legal person, upon the owner’s consent;

3) when so provided for in territory planning documents or when a construction works interferes with any construction of State importance (in both cases, after such plot of land or part thereof, or the construction works has been taken for public needs);

4) upon expiry of a term for the use of a temporary construction works;

5) 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 a term fixed by institutions for State supervision of construction;

6) when a construction works has been built or is being built in violation of this Law or other laws.

SECTION TEN

WARRANTY PERIOD OF A CONSTRUCTION WORKS

Article 34. Warranty Period of a Construction Period. Obligations of the Designer, Contractor of a Construction Works and Technical Supervisor of Building of a Construction Works

1. Warranty period of a construction works shall be fixed in contracts, contracts related to construction works designing and technical supervision of the building of a construction works. It may not be less than five years (counting from the day of the acceptance of a construction works as fit for use); for covered elements of a construction works (structures, pipelines, etc.) - ten years, and if defects which have been deliberately hidden are established - twenty years.

2. The designer, the contractor of a construction works and the technical supervisor of construction shall be liable for collapse of a construction works or the defects established during a warranty period, unless they prove that such defects are due to natural wear of a construction works or parts thereof, improper use of a construction works or improper repair carried out by the client or the persons hired by him, or other misfeasance of the client or the persons hired by him.

3. 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.

4. Warranty period of construction products and equipment, technological and energy equipment, technological engineering systems, engineering and utility networks equipment and engineering systems equipment used in construction works, except those which are in hidden structures of the construction works, shall be set in documents issued by the supplier.

SECTION ELEVEN

INSURANCE OF CIVIL LIABILITY OF

THE DESIGNER AND CONTRACTOR OF A construction works

Article 35. Subject Matter of Insurance and Contract of Insurance

1. Civil liability of the designer and contractor of a construction works shall be insured with compulsory insurance, regardless of the sources of designing and construction financing, a type of the ownership of a construction works, and a legal status of the designer, contractor and client.

2. The subject matter of insurance shall be civil liability of the designer and contractor of a construction works for the damage caused to the client and the third parties. Insurance of civil liability of the designer and contractor of a construction works shall comprise the insurance of civil liability of their subcontractors.

3. Parties to an insurance contract shall be the insured (the designer or contractor of a construction works) and the insurer (insurance company which has received a permit of the Board of the State Insurance Supervisory Authority under the Ministry of Finance to provide compulsory insurance for civil liability of the designer and contractor of a construction works).

4. When designing and building simple construction works and carrying out minor construction work, it shall not be obligatory to take out a compulsory insurance of civil liability of the designer and contractor of a construction works. Natural persons, legal persons and undertakings which do not have the rights of a legal person shall not be subject to taking out a compulsory insurance in the case of self-dependent construction.

5. 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, which are approved by the Government or an institution authorised by it.

6. The period of validity of insurance shall be established in contracts of insurance, but it may not be less than the duration of the designing and building of a construction works and its warranty period, established in Article 34 (1) when civil liability of the designer is insured, or it may not be less than the duration of building process and warranty period of a construction works, when civil liability of the contractor is insured.

7. If a contract of insurance has been terminated or the period of validity thereof has expired, the insured must conclude a new contract of insurance and set a new period of its validity.

8. The amount of contributions of compulsory insurance of civil liability of the designer, the contractor shall be approved by the Government or an institution authorised by it.

Article 36. Compulsory Insurance of Civil Liability of the Designer of a Construction Works

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 client and the third parties insurance benefits for the damage caused to person’s health or the damage caused due to deprivation of life, or the damage caused to property.

2. Insurance benefits shall be paid only in the case of an insurance event, on the basis of official documents confirming such event.

3. Insurance events covered and insurance events not covered shall be established by the rules of compulsory insurance of civil liability of the designer and the contractor.

4. The insured must take out an insurance of civil liability according to a project of each construction works.

5. The minimum amount of insurance of civil liability of the insured must not be less than the price of the construction works fixed in the designing contract.

Article 37. Compulsory Insurance of Civil Liability of the Contractor

1. When the insured is a contractor, the insurer shall, according to compulsory insurance of civil liability, compensate by paying to the client and the third parties insurance benefits for the damage caused to person’s health or the damage caused due to deprivation of life, or the damage caused to property.

2. Insurance benefits shall be paid only in the case of an insurance event, on the basis of official documents confirming such event.

3. Insurance events covered and insurance events not covered shall be established by the rules of compulsory insurance of civil liability of the designer and the contractor.

4. The insured must take out an insurance of civil liability according to a project of each construction works which is a subject matter of a contract.

5. The minimum amount of insurance of civil liability of the insured must not be less than the price of the construction work of a construction works fixed in the contract.

Article 38. Insurance Supervision

1. Concluding of contracts of insurance shall be supervised by the county governor.

2. The designer of a construction works must, prior to the 10th day of every month, submit to the county governor information about designing contracts and civil liability insurance contracts concluded during the last month.

3. The contractor must, prior to the 10th day of every month, submit to the county governor information about the contracts and civil liability insurance contracts concluded during the last month.

SECTION TWELVE

FINAL PROVISIONS

Article 39. Liability for Violations of the Law

Natural persons, undertakings which do not have the right of a legal person, legal persons who have violated this Law, shall be held liable in accordance with the procedure established by the laws of the Republic of Lithuania.”

Article 2. Coming into Force of this Law

1. This Law shall come into force on 1 August 2001.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC	VALDAS ADAMKUS