On 6 December 2019, the Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) issued Prakas No. 177 on Formalities and Procedures of Issuance of Occupancy Certificates for Construction Built Prior to the Enforcement of Construction Law (“Prakas No. 177”).
The purpose of Prakas No. 177 is to ensure the overall quality, safety, security, public order, good aesthetics and the environment from the perspective of construction owners, users and the public and to prevent construction that does not adhere to stipulated quality and safety conditions.
Prakas No. 177 outlines the formalities and procedures for the issuance, suspension and revocation of occupancy certificates for construction already built before the entry into force of the Construction Law dated 2 November 2019. The nature of construction contemplated under the scope of this Prakas is: (a) construction built without a permit, (b) construction not in compliance with the permits, and (c) construction built with a permit but lacking a compliance certificate or site closing permit.
Within two years of the Construction Law’s entry into force, owners of construction requiring a permit must apply for an occupancy certificate from the MLMUPC at the national, provincial, district or khan level. The competent authority may issue the occupancy certificate only in the event that such construction does not cause any danger to the respective user or the public and does not affect public order. Owners of construction built before 20 December 1997 can apply for an occupancy certificate. Construction completed after 3 April 2015 may secure an occupancy certificate only after the owner has paid provisional fines in accordance with Sub-decree No. 42 dated 3 April 2015 on urbanization of the capital, municipalities and urban areas.
The application for the occupancy certificate must be submitted using the template form attached to this Prakas and accompanied with supporting documents as listed in this Prakas.
The occupancy certificate can be suspended or revoked based on the quality and safety report issued following a construction inspection.
Any person affected by a decision of the competent authority in issuing, suspending or revoking an occupancy certificate is entitled to appeal such a decision to the competent authority or the court.
The information provided in this email is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
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