Dealing with Construction Permits in
Tajikistan
Listed below is detailed summary of the procedures, time and costs to build a warehouse —including obtaining necessary licenses and permits, completing required notifications and inspections and obtaining utility connections.
The information appearing on this page was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 183 economies. The most recent round of data collection for the project was completed in June 2011.
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Building a warehouse
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Estimated Warehouse Value:
TJS 2,080,960
- City: Dushanbe
| No. |
Procedure |
Time to Complete |
Associated Costs |
| 1 |
Request and obtain project design permit
BuildCo must write a letter to Chukumat (Municipality) of Dushanbe city explaining that it would like to receive the land for construction of a warehouse. The request is passed on to a special committee which will review the request for allocation of land to BuildCo for the purpose. At the same time the request is forwarded to the Department of Architecture and Construction of Dushanbe City which prepares Decision on the Project (literal translation from Russian “reshenie po proektu”), or “Project design permit.” The Department of Architecture and Construction of Dushanbe City sends its Decision on the Project back to Chukumat. At this point, BuildCo will need to coordinate/receive approvals from a number of agencies, for example, electricity company, water company, fire safety, i.e. all the organizations which will be approving your project at later stages.
Agency: Local Authority-Hukumat of Dushanbe
|
30 days
|
no charge
|
| 2 |
Request and obtain Architecture Planning Assignment
According to rules construction companies should get the Assignment at this stage. A site visit might be required to prepare the Assignment. However, in most of the cases no representative of a construction company has to be present during the site visit.
Documents which have to be submitted to get the Assignment are:
1) The Act on the Selection of the Land Plot and the Decision on the Project
2) Sale and purchase agreement
3) Assignment for the project put together by a project design firm hired by the client and the client himself.
there are no official charges at the moment, some payments are made but there is no official mechanism. The official who issues Assignments said that the rule of thumb is 10%-13% of the project design cost (in our case about 2,000-5,000 somoni for the project design).
Agency: Barqi Tajik
|
3 days
|
TJS 3,500
|
| * 3 |
Request and obtain technical conditions for electricity connection from Barki Tojik
While the Assignment is being prepared technical conditions for electricity connection have to be obtained. Electricity services are requested by filling out application forms. This constitutes the request for electricity connection.
Agency: State Automobile Inspection Department of Domestic Affairs of Dushanbe city
|
1 day
|
no charge
|
| * 4 |
Request and obtain technical conditions for water connection from the Water and Sewage Agency
While the Assignment is being prepared technical conditions for water connection have to be obtained. Water services are requested in writing by filling out the application form.
Agency: Dushanbe Water and Sewerage Company
|
1 day
|
no charge
|
| 5 |
Request and obtain fire safety project clearance from state anti-fire agency under the Ministry of Domestic Affairs
The approval is granted with technical requirements to be complied with. Although official tariffs have been adopted and collected, they are not published, disclosed in full to applicants, or registered with the Ministry of Justice as required by law.
The applicable legislation is Article 9 of the Law on Fire Safety, No. 995 (dated July 21, 1994) and Section 4.8 of the Regulation on State Fire Control, No. 726 (dated December 7, 1995). This Law was abrogated by a new Law №363 "On fire Safety" as of 20 March 2009.
Agency: State Anti-Fire Agency (Ministry of Domestic Affairs)
|
7 days
|
TJS 150
|
| * 6 |
Request and obtain environmental project clearance from the Environmental Protection Agency (Environmental Protection Ministry)
BuildCo must obtain a permit for air pollutant emissions and waste disposal after environmental clearance has been obtained. Although official tariffs have been adopted and collected, they are not published, disclosed in full to applicants, or registered with the Ministry of Justice as required by law.
The statutory time limit is now 45 days. The applicable legislation is Articles 17, 19, 30, and 31 of the Law on Ecological Expertise, No. 20 (dated April 22, 2003).
Agency: Environmental Protection Agency (Environmental Protection Ministry)
|
45 days
|
TJS 200
|
| * 7 |
Request and obtain Sanitary Hygienic Service project clearance from State Sanitary Hygienic Service under the Ministry of Health
Although official tariffs have been adopted and collected, they are not published, disclosed in full to applicants, or registered with the Ministry of Justice as required by law.
The applicable legislation is Articles 9, 13, 25, and 26 of the Regulation of the Government on the Order of Registration, Drawing and Issuing of Sanitary Hygienic Conclusion, No. 139 (dated March 31, 2004).
Agency: State Sanitary Hygienic Service (Ministry of Health)
|
10 days
|
TJS 150
|
| * 8 |
Request and obtain project clearance from State Electric Agency (Barki Tojik)
This procedure is required by the Regulation of the Government, Rules of Electricity Usage, No. 84 (dated March 6, 1998). The cost is calculated based on Decision of Antitrust Policy and Business Support Agency as of 7 July 2003, N 34 (enforced 1 September 2003, as follows: TJS 2,170 = (TJS 15 per kilowatt x 140 kilowatts) + TJS 7 per meter x 10 meters. TJS 15 is applied for range of electricity capacity from 61 kWt to 150 kWt.
Agency: Barqi Tajik
|
10 days
|
TJS 2,170
|
| * 9 |
Request and obtain project clearance from the Water and Sewerage Agency Unitary Enterprise, “Water and Sewerage Agency”, of Dushanbe
The applicable legislation is the Code of Norms and Rules of the Republic of Tajikistan (dated November 11, 2005), Structure and the Order of Development, Concordance and Approval of Project Estimates on Construction of Buildings, registered in the Ministry of Justice, No. 199 (dated April 25, 2006); Water Code of the Republic of Tajikistan No. 34 (dated November 29, 2000).
Agency: Water and Sewerage Agency
|
10 days
|
TJS 100
|
| 10 |
Request and obtain approval of project design drawings by the State Department Expertise of Construction Projects
Approval is granted in the form of a Consolidated Expert Approval of the Project.
The tariffs have been approved by the State Committee on Construction and Architecture under the Government in 14 June 2007 under which payment for the expertise is calculated based on the design estimate. In our case, it is calculated as 10.8% of the value of design project. We can assume that the design project cost is 10% of the value of the warehouse, thus the total would be TJS 22,890.
The applicable legislation is the Code of Norms and Rules of the Republic of Tajikistan, Structure and the Order of Development, Concordance and Approval of Project Estimates on Construction of Buildings, registered in the Ministry of Justice, No. 199 (dated April 25, 2006); Valuation of Works on Holding State Expertise of Design Estimates, on Major and Current Repairs of Objects Irrespective the Sources of Finance and Forms of Enterprise Property, approved by the Chairman of the Committee on Architecture and Construction under the Government (dated September 20, 2002).
Government Resolution #282 on May 6, 2009 changed statutory time to 20 working days for constructions over 1,000 cubic meters. However, in practice it takes more than stipulated time.
The agency involved is the Construction and Architecture Department of the State Committee on Construction and Architecture.
Agency: Department of Architecture and Construction of Dushanbe City
|
30 days
|
TJS 22,474
|
| 11 |
Request and obtain final project clearance from the Construction and Architecture Department (State Inspection Department over Construction and Architecture)
On June 14, 2007 a new normative legal act "Prices for State Expertise and Project Design Estimates" was approved upon which 0.15% is reduced to 0.11%. Previously, the 0.15% of the design project value was not registered within the Ministry of Justice and therefore was not applied legally. The rate of 0.11% is applied on the design project value. The design project value in our case is 10% of overall construction cost TJS 208,096. The Construction and Architecture Department of the State Committee on Construction and Architecture, after considering all the clearances from the above agencies, issues a permit for the start of construction work.
The applicable legislation is the Regulation of the Government of Republic of Tajikistan, Provision on Agencies Involved in State Construction Inspection, No. 553 (dated December 25, 1997); Articles 1.1, 2.6, 2.7, and 2.9 of the Regulation of the Chairman of Dushanbe City, On Applying a Simple Mechanism of Receiving and Reviewing of Applications Submitted by Legal Entities and Physical Persons with Regard to Construction, Architecture, and Land Allocation.
Agency: Construction and Architecture Department under State Committee on Construction and Architecture
|
20 days
|
TJS 229
|
| 12 |
Receive a periodic inspection from the Sanitary Hygienic Service
Periodic inspections occur during construction at the discretion of the authority and without prior notice. BuildCo does not request these inspections.
The applicable legislation is Regulation of the Government of Republic of Tajikistan on Approving the Order of Registration, Drawing and Issuing of Sanitary Hygienic Conclusion, No. 139 (dated March 31, 2004); Provision on State Sanitary Hygienic Services of Republic of Tajikistan, Regulation of the Government of Republic of Tajikistan, Provision on Agencies Involved in State Construction Inspection, No. 553 (dated December 25, 1997).
Agency: Sanitary Hygienic Service
|
1 day
|
no charge
|
| 13 |
Receive a periodic inspection from the Fire Safety Agency
Periodic inspections occur during construction at the discretion of the authority and without prior notice. BuildCo does not request these inspections.
The applicable legislation is the Law on Fire Safety, No. 995 (dated July 21, 1994), Regulation on State Fire Control, dated December 1, 1995; Regulation of the Government of RT, Provision on Agencies Involved in State Construction Inspection, No. 553, dated December 25, 1997.
Agency: Fire Safety Agency
|
1 day
|
no charge
|
| * 14 |
Receive inspection from water services
Periodic inspections may occur several times at the discretion of inspecting bodies. There is no legal fee, though there is a penalty for violations.
Agency: Barqi Tajik
|
1 day
|
no charge
|
| * 15 |
Connect to water
The applicable legislation is Code of Norms and Rules of the Republic of Tajikistan, Structure and the Order of Development, Concordance and Approval of Project Documents with Regard to Construction of Buildings and Erections, No. 199 (dated April 25, 2006); Water Code of the Republic of Tajikistan No. 34 (dated November 29, 2000).
Agency: Dushanbe Water and Sewerage Company
|
29 days
|
no charge
|
| 16 |
Receive a periodic inspection from the Ministry of Environmental Protection
Periodic inspections occur during construction at the discretion of the authority and without prior notice. BuildCo does not request these inspections.
Agency: Ministry of Environmental Protection
|
1 day
|
no charge
|
| 17 |
Receive a periodic Inspection from the State Architecture Inspection - Dushanbe city
The applicable legislation is the Regulation of the Chairman of Dushanbe City on Applying a Simple Mechanism of Receiving and Reviewing of Applications Submitted by Legal Entities and Physical Persons with Regard to Construction, Architecture, and Land Allocation.
Law no 194, as of 28 June 2006 “On Inspections of Business Entities in Republic of Tajikistan” was amended through List of Inspection Authorities, approved by Resolution (№38/оп) as of 23 May 2008 and registered in Ministry of Justice №426. According to these changes in case if inspection is conducted by one controlling entity (district, city, province or national level) then the other entities of the same controlling authority are not allowed to inspect the same business within next tow years.
Agency: State Architecture Inspection Dushanbe city
|
1 day
|
no charge
|
| 18 |
Receive a periodic inspection from the Labor Authority
There is no legal basis for the inspection by this agency, but it occurs in practice.
Agency: Prosecutor’s Office
|
1 day
|
no charge
|
| 19 |
Receive a periodic inspection from the Ministry of Transportation and Communications / State Body on Automobile Activity Management
The applicable legislation is the Law on Motor Road and Road Activity (dated May 10, 2002); Regulation of the Government on Approving the Rules of Usage of Wayside of Automobile Roads of the Republic of Tajikistan, No. 214 (dated May 2, 2005).
Agency: Ministry of Transportation and Communications
|
1 day
|
no charge
|
| 20 |
Request and receive a decision by Review Commission
The Review Commission includes representatives from the customer (BuildCo), general contractors and subcontractors, the general designer, the City Land Committee’s senior architect, the Fire and Sanitary Station, the electric power agency, the Environment Ministry, the rayon Khukumat (district authority) the water agency, and other interested state agencies.
The applicable legislation is the Regulation of Construction and Architecture Committee under the Government of the Republic of Tajikistan on Approving Code of Rules and Norms of the Republic of Tajikistan (dated January 3, 2001); Accepted to Put into Operation of Objects, Basic Provisions, No. 1 (dated January 4, 2002).
Agency: Review Commission
|
15 days
|
no charge
|
| 21 |
Request State Acceptance Commission decision
A request is made through the local authority.
Agency: State Acceptance Commission
|
1 day
|
no charge
|
| 22 |
Receive inspection by the State Acceptance Commission
Agency: State Acceptance Commission
|
1 day
|
no charge
|
| 23 |
Obtain decision of the State Acceptance Commission/ final decision of the Mayor
The Chairman of the State Acceptance Commission acts as the representative of the city. The decision of the mayor is made based on the commission’s decision. The State Acceptance Commission includes representatives from the city, the rayon, the customer (the builder), general contractors and subcontractors, the general designer, the senior architect of the city, the Fire and Sanitary Station, the electric power agency, the Environment Ministry, the water agency, and other interested state agencies.
The applicable legislation is the Regulation of the Committee on Architecture and Construction under the Government of the Government of the Republic of Tajikistan on Approving Code of Norms and Rules (dated January 3, 2004); Accepted to Put into Operation of Objects, Basic Provisions No. 1 (dated January 4, 2002); and Articles 1.1., 2.6., 2.7., and 2.9 of the Regulation of the Chairman of Dushanbe City on Applying of a Simple Mechanism of Receiving and Reviewing of Applications Submitted by Legal Entities and Physical Persons with Regard to Construction, Architecture and Land Allocation, No. 264 (dated June 12, 2006).
The Law No: 380 “On Architecture, Urban Construction and Construction Activities” as of March 2008, introduced two time frames for obtaining final decision of the State acceptance Commission. Depending on the type of the construction it should take: 30 days for objects with commercial purposes, and 10 days for residential purposes.
Agency: State Acceptance Commission
|
30 days
|
no charge
|
| * 24 |
Receive inspection from the Department of Project Adjustment and Technical Inspection of Dushanbe Telephone Service (station) of the open joint stock company Tajiktelecom and connect to telephone line
Activation of telephone service can occur during construction but often occurs after construction. Unlike other utility connections, the connection procedure is separate from the inspection during construction.
Agency: Tajiktelecom
|
5 days
|
no charge
|
| 25 |
Obtain approval of the Bureau on Technical Inventory (BTI) on acceptance of building and issuance of technical passport
The pricelist for the technical passport is approved by the Ministry of Economic Development and Trade of the Republic of Tj on the 12th of November, 1999, N3/1-382 and approved by the State Company “TajikUtilityServices on the 26th of November 1999, N262/4 and implemented on the 1st of January, 2000. The price list is indexed to the inflation rate. According to the price list the calculation is done according to the surface area and number of rooms and additional work completed based on worker hours.
Agency: Bureau on Technical Inventory (BTI)
|
15 days
|
TJS 312
|
| 26 |
Registration of the right to the building
Registration of constructions is completed by the Bureau of Technical Inventory. Required documents for submission: Act on the Allocation of Land for the construction and the Construction Acceptance Act.
According to the law after registration at the Bureau of Technical Inventory a notary gives a certificate certifying the right to property. This certificate is issued for immovable property newly constructed. The following documents are required to submit to the notary: Land Allocation Permit for Construction, Decision of the local authorities on the acceptance of the constructed object as finished, Acceptance Act, Note of registration at the Bureau of Technical Inventory. The cost of the certificate is 2 calculation indices (35 TJS).
Agency: Bureau on Technical Inventory (BTI)
|
1 day
|
TJS 24
|
* Takes place simultaneously with another procedure.