Dealing with construction permits
Procedures
The building permit application file is submitted in triplicate, either to the Town Planning Department, or to the Urban Town Planning Division, etc. Two components:
Administrative
- A request for a Building Permit, following the form to be completed;
- A copy of the title deed certified true to the original by any legally established competent administrative authority.
Technical
- A situation plan drawn up at the scale of 1 / 2000th intended for the location of the parcel concerned and indicating the surrounding islets and subdivisions within a radius of 200 to 500 m;
- Ground plan on a scale of 1 / 200th,
- Horizontal and vertical cuts,
- The facades of the project,
- The foundation plan,
- The site plan,
- The topographic plan,
- Plumbing plan and diagram,
- Electricity plan and diagram,
- Elevator machinery plan and diagram,
- Electromechanical installation plan and diagram,
- Protection plan and scheme,
- Soil lift calculations,
- Material resistance and stability calculations,
- Sealing provisions, neutralization of fats, indications on materials and destination of constructions,
- The estimate and description.
Competent authorities to issue the building permit
In the Democratic Republic of Congo, the Building Permit is issued in the name of the State by:
The Secretary General in charge of Town Planning and Housing, throughout the national territory, for any building for non-residential use and the residential one of more than two floors (Competence of the Central Power).
The Head of Division of Town Planning, on the whole extent of the City of Kinshasa, of the Province, of the Decentralized Territorial Entity, for any building for residential use of two floors at most (Jurisdiction of the Provinces).
The Technical Commission for the analysis of building permit application files is chaired by a President. The members, with deliberative voice, composing the Commission are duly delegated to represent their respective public services.
Ministry of Town Planning and Habitat:
- The Director of Town Planning, President: Town Planner, Architect, Construction Engineer, Urban Technician.
- The Head of the Construction Acts Division, Permanent Secretary: Architect, Urban Technician, Engineer.
- A delegate from the Urban Data Department: Sociologist.
- A delegate from the Housing Department: Architect, Construction Engineer.
Ministry of Land Affairs:
- A delegate from the Cadastre Department: Surveyor, Topographer Engineer.
- A delegate of the Chief Curator of Real Estate Titles.
Minister of the Environment:
- One delegate: Environmental Engineer.
Minister of Public Health:
- One delegate: Hygiene and Health Technician
Ministry of Infrastructure and Public Works:
- A delegate from the Directorate of Civil Buildings: Construction Engineer
- A delegate from the National Laboratory of the Roads Office: Geotechnical Engineer.
- A BEAU delegate: Planner or Urban Planner.
- A delegate from the OVD: Engineer, Surveyor, Topographer
Water and electricity distribution service
- To delegate of REGIDESO,
- To SNEL delegate.
Federation of Enterprises in Congo (FEC)
- An Architect delegate,
- A construction engineer delegate. Whenever the need requires, the Commission may consult an Independent expert in an advisory capacity.
INSURANCE
Any builder (Architect, Engineer, Entrepreneur, Design office, Company or Construction company) is required to take out a compulsory insurance policy guaranteeing the owner against damage which would affect in whole or in part the work under construction until its final acceptance by the owner , in accordance with the Insurance Code in the Democratic Republic of Congo.
Compulsory ten-year liability insurance
The ten-year liability provided for in article 439 of the Civil Code, book III, is the subject, on the part of the manufacturer, of an insurance subscription which takes effect from the final acceptance. This guarantee benefits the owner or successive owners of the work, until its expiration.
He is also required to take out an insurance policy covering his civil liability
as regulated by articles 258 to 260 of book III of the Civil Code, for the entire
duration of the works until their final acceptance by the contracting authority. or his
representative This responsibility can be individual and / or collective.
TIME LIMIT AND COST
DEADLINE : 20 working days, from the date of submission of the application for persons in order to pay building tax.
COST: 1.8 USD / m²
REFORMS
- Reduce the procedures for granting building permits from 9 to 6,
- Reduce the deadline for granting a Building Permit from 30 to 20 days,
- Bring back the signature of the Building Permit to the Administration, to the SG to Town Planning and Habitat for buildings under the Central Government and to
- Heads of Urban Planning Divisions for Buildings in the Provinces and Decentralized Territorial Entities;
- Reduce the deadline for issuing the certificate of conformity from 30 to 7 days;
- Ensure construction control with the Société des Architectes du Congo;
- Revitalize the Housing Department of the General Secretariat in order to fulfill the requirement of the presence of a delegate on the job as soon as the construction sites open;
- Take implementing measures for the compulsory establishment of the “insurance” regime in the issuance of the Building Permit;
- Establish the construction risk obligations regime.
- Redesign of the website of the Ministry of Regional Planning, Town Planning and Housing: www.minatuhrdc.com
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