Approved by the Presidential Decree No. 647 of November 9, 2007.
Changes have been made by the Presidential Decree No. 597 of March 19, 2019.
Of the State Committee of Urban Planning and Architecture of the Republic of Azerbaijan
I. GENERAL PROVISIONS архитекту
1. The State Committee of Urban Planning and Architecture of the Republic of Azerbaijan (hereinafter referred to as the Committee) is the central executive body implementing the state policy and regulation concerning urban development, area planning, architecture and other related fields of design (hereinafter referred to as respective area).
2. The Committee is governed by the Constitution of the Republic of Azerbaijan, laws of the Republic of Azerbaijan, Presidential decrees and orders, decisions of the Cabinet of Ministers, and international treaties to which Azerbaijan is a party.
3. By implementing its rights and duties, the Committee operates in association with other executive authorities, local self-government bodies and non-governmental organizations.
4. Under the legislation, the Committee has an independent balance sheet, property from the public estate, treasury and bank accounts, seal bearing the state emblem of the Republic of Azerbaijan and its name, proper stamps, and blanks.
5. Expenses associated with maintaining the Committee’s staff and activity are covered by the state budget of the Republic of Azerbaijan and other sources identified by the effective legislation.
6. The Committee is situated in the city of Baku.
7. The Committee has the following areas of activity:
7.1. participate in the development of the single state policy in the respective area and ensure its implementation;
7.1-1. ensure state supervision of the preparation of the area planning documents as well as the fulfillment of the documents’ requirements;
7.2. ensure the development of the respective area;
7.2-1. conduct the legislative activity in the respective area;
7.3. ensure the preservation of national architectural and urban development traditions (legacy) and, together with respective executive authorities and local self-government bodies, promote their effective implementation by giving due consideration to cities historically surrounded with suburban settlements and residential buildings;
7.4. maintain the Cadaster for urban planning under the procedures established by law;
7.5. enhance the quality level of solutions used in the area of architectural planning of buildings, structures, and complexes, and ensure proper supervision of their application in compliance with respective urban development and construction standards;
7.6. conduct activity in the other areas defined by law.
8. Under proper areas of activity defined in this Charter, the Committee has the following duties:
8.1. to ensure appropriate legislative activity in respective area;
8.2. to ensure implementation of state programs and development concepts;
8.3. to ensure implementation of international treaties to which the Republic of Azerbaijan is a party;
8.4. to ensure state supervision in the respective area, according to the procedures established by law;
8.5. to enhance the quality level of solutions applied and implemented with regard to the following: designing the location of industrial assets, residential areas, and different ways of using the natural environment in the context of Master and/or regional plans; planning schemes and designing regional territories; the Master plans of cities and other types of settlements as well as detailed planning projects; the Master plans and projects defining the boundaries of residential areas, industrial assets, sanatorium and resort facilities, and recreation and tourism facilities; the plans and projects of engineering and communications networks for residential areas as well as projects to envisage appropriate future changes;
8.6. to take measures together with appropriate executive authorities and self-government bodies to ensure preservation, protection, and enrichment of the national and historic legacy, urban development, architectural memorials, natural and cultural landscape, and other protected areas;
8.7. to ensure application together with appropriate executive authorities and self-government bodies of the national architectural style during the renovation activities carried out in the country’s cities and regions and provide newly constructed buildings and facilities with esthetic beauty and modernity;
8.8. to define appropriate entities together with appropriate executive authorities and self-government bodies to ensure architectural development and planning of residential areas with due consideration of the natural and geological conditions;
8.11. to utilize the financial resources envisaged by the state budget to ensure legal implementation of the design, scientific and research activities with a to prepare and fulfill the Master and detailed plans for residential settlements, implementation of scientific research and design activities as well as target and scientific-technical programs in respective area;
8.12. to participate together with appropriate executive authorities in the preparation of measures to ensure the protection of residential areas and systems from natural hazards and dangerous processes;
8.13. to study together with the appropriate executive authorities the root causes of emergencies in existing buildings and buildings under construction, and participate in the preparation of measures aimed at their restoration;
8.13-1. to take due measures in the process of architectural planning for buildings with approved construction permit to ensure the compliance of architectural styles with the specific areas of development, following the procedure established by law;
8.14. to grant special license or permit as well as certificates of title for appropriate types of activity, where provided for under the procedure envisaged by the legislation;
8.15. to ensure the provision of the population rights and prevent their violation regarding the respective area;
8.16. to use the single system to monitor the national urban development entities’ activity as well as to ensure the establishment and maintenance of the State Urban Planning Cadaster Fund;
8.17. to establish and maintain the national State Urban Planning Cadaster;
8.18. to ensure integration of the State Urban Planning Cadaster into the single State Cadaster System of the Republic of Azerbaijan;
8.18-1. to establish and ensure the operation of the country’s Integrated Urban Planning and Construction Information System;
8.19. to participate in the establishment and development of the urban planning infrastructure;
8.20. to participate together with local executive authorities and self-government bodies in the creation of transport and communication infrastructure (networks and installations) to ensure integrated development of cities and residential settlements;
8.20-1. to provide, in the absence of the detailed plan or if its term has expired, the certificate of compliance with proper requirements of the area planning (the Master plan and/or general layout) required for the allocation of the construction permit, and the detailed plan, under the established procedure;
8.20-2. to approve the detailed area plans of residential settlements and/or their respective parts;
8.20-3. to grant permission for construction and operation of buildings in cases established by the President of the Republic of Azerbaijan;
8.20-4. to provide its opinion, whether through a member entity or directly, on the compliance of construction project (requiring a permit) with the requirements of regulatory documents in the area of urban planning;
8.20-5. to provide, in case of using its subordinate entities to allocate land parcels for construction projects of local executive authorities and municipalities (except for land lots allocated for construction of residential buildings), its opinion on the compliance of envisaged construction plans with respective area’s urban planning documents (i.e. on effective detailed area plan or, if not available or expired, the possibility of granting permission for development based on Article 11 of the Urban Planning and Construction Code of the Republic of Azerbaijan, including zoning areas, the main conditions of construction operations in the areas bordering with the residential settlements, and the detailed regulations on the type and scale of construction);
8.20-6. to ensure compliance of immovable and non-capital construction projects in specifically designated areas, including the location of the non-capital projects relating to small retailer shops, with the architectural style of the area in consideration;
8.21. to provide local executive authorities and self-government bodies with methodological assistance in respective area;
8.22. to implement a comprehensive analysis in the respective area and work out proposals to ensure its consistent development;
8.23. to implement works, provide services, and purchase goods and materials with a view of ensuring the Committee’s activity; to utilize the envisaged financial resources in accordance with the procedures established by law to carry out design and research activities and conduct competitions, and conclude agreements necessary to meet the country’s needs in respective area;
8.24. to study the different views and opinions of enterprises and entities regarding the process of design in the respective area, and make appropriate decisions;
8.25. to ensure, based on the advanced international experience, the application of scientific-technical achievements in the respective area, and hold appropriate exhibitions, workshops, and conferences to that end;
8.26. to ensure the Committee's intended use of financial means allocated from the state budget in the respective area, including credits, grants, and other resources;
8.27. to ensure the protection of State secrets and confidentiality and implement due security measures defined in the legislation to protect the relevant areas of its activity;
8.28. to inform the general public on its activity and set up a website, and publish the information clearly defined by the respective legislation, as well as ensure its regular update;
8.28-1. to ensure proper training of staff in the respective area and take measures to train specialists and provide advanced training opportunities;
8.29. to take measures to improve the Committee’s structure and activity;
8.30. to consider petitions and complaints concerning the Committee's activity and take appropriate measures under the legislation;
8.31. to fulfill other respective duties in the framework of its activities envisaged by the legislation.
9. The Committee has the following rights:
9.1. to implement the rights arising from its legislative activity in respective area;
9.2. to take initiatives regarding the participation of the Republic of Azerbaijan in the international treaties in respective area;
9.3. to use the established procedures to approve the Provisions of local executive authorities on architectural and urban planning services and ensure the designation of chief architects and other architects;
9.4. to ensure compliance of design solutions envisaged in the urban planning documents (Master plans, district and quarter plans, draft detailed planning, etc.) with urban planning standards and provide opinion in this area as well as ensure approval of all the architectural planning solutions relating to unique buildings and structures;
9.4-1. to provide its opinion on the designation of special areas for re-establishment of recreational green spaces;
9.5. to provide, under the procedure established by law, its opinion on the changes made in urban planning documents (i.e. Master plans, detailed planning, area construction projects, and architectural planning solutions of existing areas) following the emergence of new buildings,
9.6. to provide its opinion on newly prepared legal acts dedicated to the development of the respective area;
9.7. to provide its opinion in other areas of activity; to conduct analyses and generalization; to work out analytical materials; to carry out scientific research activities, and provide appropriate proposals;
9.8. to take measures following the disclosure of legal violations in the area of urban planning;
9.9. to ensure cooperation with respective international organizations and competent bodies (authorities) of foreign states and, under the procedure established by law, learn the appropriate experience of foreign states;
9.10. to send requests to public and local self-government bodies, physical persons and legal entities to acquire important information concerning respective area and receive the requested information (documents);
9.12. to engage independent experts and specialists with its activity following the established procedure;
9.13. to use the established legal procedure and envisaged financial resources to create the legal and documentary framework and information exchange network necessary to improve the scientific-technical provision of the respective area by publishing and making use of special bulletins and other special-purpose publications;
9.14. to publish regulatory instruments regarding the respective area by using the funds available for this purpose;
9.15. to provide advice and comment on the application of codes, rules, and standards in the respective area;
9.16. to analyze and discuss the activity of its subordinate entities and make decisions following the established procedure;
9.17. to fulfill other respective rights in the framework of its activities envisaged by the legislation.
10. The Committee's single structure comprises its staff and subordinate entities. The Committee implements its activity both directly and/or through its subordinate entities. The Committee structure also includes the competent executive authority of the Nakhchivan Autonomous Republic responsible for urban planning and architecture.
11. The Committee's structure and the number of staff are defined by the President of the Republic of Azerbaijan. The Cabinet of Ministers of the Republic of Azerbaijan determines the list of the Committee’s subordinate entities outside of its structure.
12. The Committee implements its activity under the leadership of the Chairman appointed to and dismissed from this position by the President of the Republic of Azerbaijan. The Chairman is personally responsible for the implementation of the Committee’s duties and rights.
13. The Committee Chairman is assisted by the First Vice-Chairman and three more Vice-Chairmen. The Committee Vice-Chairmen are appointed to and dismissed from this position by the President of the Republic of Azerbaijan. The Committee Vice-Chairmen carry personal responsibility for the implementation of the duties delegated by the Committee Chairman.
14. The Committee Chairman’s responsibilities are as follows:
14.1. to ensure the Committee’s activity and provide the leadership;
14.2. to adopt normative legal acts in the form of decisions regulating the approval of the staff divisions and entities comprising the Committee structure (except for the entities whose charters are approved by the President of the Republic of Azerbaijan) as well as the charter of the Urban Planning Council, including the issues that do not fall within Item 17-1 of this Charter or relate to the Committee’s collegial competence;
14.2-1. to submit for approval the charters of the Committee’s other subordinate entities (e.g. legal entities, organizations, etc.) outside of its structure, under the procedure established by the legislation;
14.3. to approve the cost estimates in the framework of the specified structure of the Committee, including the wage bill, number of staff, structure of subordinate entities and staffing profile;
14.4. to appoint and dismiss members of the Committee staff and leaders of its subordinate entities, and take appropriate encouraging and/or disciplinary measures concerning them;
14.5. to adopt non-normative legal acts in the form of orders and ordinances and provide for their implementation, inspection, and supervision, including the execution of the normative legal acts adopted by the Committee;
14.6. to repeal the decisions of the Committee officials that contradict the effective legislation;
14.7. to represent the Committee.
15. to establish the Committee Collegial Council comprising the Committee Chairman (Chairman of the Collegial Council), the vice-chairmen, the leadership of the Nakhchivan Autonomous Republic’s competent executive authority in the area of urban planning and architecture and members of the Committee management. The Committee Collegial Council can also include experts and scientists.
16. The Cabinet of Ministers approves the number of members and composition of the Committee Collegial Council.
17. At its meetings, the Committee Collegial Council shall discuss matters relating to its activity and reach appropriate decisions.
17-1. The Committee Collegial Council adopts the following types of normative legal acts in the form of decisions:
17-1.1. the normative legal acts regulating the Committee’s relations with other entities;
17-1.2. specific normative legal acts delegated to the Committee by the President of the Republic of Azerbaijan or the Cabinet of Ministers of the Republic of Azerbaijan;
17-1.3. a set of normative legal acts regulating the activity of several public bodies;
17-1.4. the normative legal acts subject to harmonization by competent public bodies in cases established by the effective legislation;
17-1.5. the normative legal acts envisaged by sub-item 14.-2 of this Charter and brought to the Committee Collegial Council for discussion by the initiative of the Council Chairman;
17-1.6. nullification or making amendments to the normative legal acts adopted by the Committee Collegial Council following sub-items 17-1.1 – 17-1.5 of this Charter.
18. A quorum consisting of more than half of the Committee Collegial Council members is necessary for its activity to become effective. The Committee Collegial Council adopts decisions by a simple majority of votes. In the event of a tie vote of the members of the Collegial Council, the Collegial Council Chairman shall have the casting vote.
20. In case of disagreement between the members of the Committee Collegial Council, the Committee Chairman shall inform thereof the Cabinet of Ministers of the Republic of Azerbaijan and implement his own decision. The members of the Committee Collegial Council have the right to communicate their personal views to the Cabinet of Ministers of the Republic of Azerbaijan.
21. Where necessary, the representatives of other executive authorities and non-governmental organizations may be invited to participate in the meetings of the Committee Collegial Council.
22. The Committee can establish a pro bono Urban Planning Council to ensure the study and implementation of scientific-technical achievements and advanced experience in the respective area, and initiate discussions and analysis of master plans, district detailed planning projects, architectural design solutions for unique buildings and structures, and draft regulatory instruments. The Committee Chairman shall approve the Council composition.
Approved by the Decree of the President of the Republic of Azerbaijan number 647 of 9 November 2007.
Amendments made by the Decree of the President of the Republic of Azerbaijan number 597 of 19 March 2019.