This article analyzes the legislative and regulatory acts, including technical regulations, governing the procedure for demolition of buildings in Belarus by legal entities. Exceptions are the dismantling of utility networks and the demolition of buildings that are in free use, lease, banks, and industrial facilities.
Pursuant to clause 2 of the List of types of works and services related to construction activities, as set forth in the Annex to the Resolution of the Ministry of Architecture and Construction of the Republic of Belarus No. 17 dated 10.05.2011, demolition of buildings is a separate type of construction activity and does not include repair, modernization and reconstruction works.
In accordance with para. 38 para. 1, Art. 1 of the Law of the Republic of Belarus No. 300-Z dated 05.07.2004 “On Architectural, Urban Planning and Construction Activities in the Republic of Belarus” (hereinafter – Law No. 300-Z) and subparagraph 3.21, paragraph 3 of TCP 45-1.02-295-2014 “Construction. Project documentation. Composition and Content” (hereinafter – TCP 45-1.02-295-2014), demolition should be understood as the release of a construction site from real estate objects located on it, as well as unmaintained objects not completed by construction, which is carried out by dismantling structures for the purpose of their further use and (or) using destructive technologies if it is inexpedient or impossible to use them further. If the dismantling of buildings is carried out without violating the integrity of the structures with the possibility of their further use, then such works, in accordance with subparagraph 3.1 of paragraph 3 of TCP 45-1.03-186-2009 “Products, materials and equipment. Rules of reuse” are called “dismantling”.