2.1 Legal framework of planning

Spatial planning or physical planning, being a type of public activity, is in a system legislative and technical regulation.
In Belarus legislative regulation of spatial and urban planning is implemented through the laws, decrees and ordinances of the President, acts of Council of the Ministers.
Technical regulation of spatial and urban planning is implemented through the buildings norms, standards, rules, regulations, guidance. There are more than 40 different by-laws in spatial planning sphere in Belarus. The documents of technical regulation are approved by state authorities.
The main legal document in the sphere of spatial and urban planning is the Law "On Architectural, Urban Planning and Building Activity in the Republic of Belarus" (2005).
The law prescribes the terms of reference of different levels of governance in the sphere of spatial planning and development. The law defines the rights and responsibilities for the actors of architectural, urban planning and building activity. Contains of statements related to state regulations and management in architectural, urban planning and building activity, statements on spatial planning and territorial development, zoning and building-up of territories, spatial planning and building documentation development, state supervision for architectural and urban planning, state building control, customer and developer technical control, authorial control of a building process. The law also defines principles, content and order for urban planning cadastre that is main informational data base for development of the documentation for territorial planning and management.

The law specifies citizens' rights for healthy environment including the requirements:
  • for preserving the environment and providing the territories with safety;
  • for saving real estate and historical and cultural values and preservation of special protection areas;
  • for creation and development of engineering infrastructure and accomplishment of the territories;
  • for providing and development of transport infrastructure;
  • for allocation of the recreational objects and resorts;
  • for creation and providing adequate environment for physically handicapped.

The Law "On the Administrative-territorial Division and Procedures for Resolving Issues of the Administrative-territorial Organization of the Republic of Belarus" regulates issues related to administrative and territorial arrangement of the country.
Particular statements, which are important for spatial planning process, are defined by Civil and Land Codes of the Republic of Belarus, the Law "On historical and cultural heritage protection". National ecological legislation also contains a number of regulations and standards related to spatial planning. They form a legal base regarding nature protection and include Forest Code of the Republic of Belarus, Water Code of the Republic of Belarus, Code on Internal Mineral Resources of the Republic of Belarus, laws "On special protection areas" and "On nature protection".