1. Architectural and construction design is carried out by preparing project documentation(including by introducing changes to it in accordance with this Code) in relation to objects capital construction and their parts being built, reconstructed within the boundaries of the property owned by the developer or other right holder (to whom, when making budgetary investments in capital construction projects of state (municipal) property, public authorities ( government bodies), State Atomic Energy Corporation "Rosatom", State Corporation for Space Activities "Roscosmos", governing bodies of state off-budget funds or local government bodies transferred in cases established by budget legislation Russian Federation, on the basis of agreements, their powers as the state (municipal) customer) of the land plot, as well as the section of the project documentation “Estimate for major repairs of a capital construction project” when carrying out overhaul a capital construction project in the cases provided for in Part 12.2 of this article. If the territory planning documentation provides for the placement of an object transport infrastructure of federal significance or a linear transport infrastructure facility of regional or local significance, architectural and construction design is carried out by preparing design documentation (including by introducing changes to it in accordance with this Code) in relation to such an object and its parts being built, reconstructed, in including within the boundaries not owned by the developer or other rights holder (who, when making budgetary investments in capital construction projects of state (municipal) property, are government bodies (state bodies), the State Atomic Energy Corporation Rosatom, the State Corporation for Space Activities Roscosmos , management bodies of state extra-budgetary funds or local government bodies have transferred, in cases established by the budgetary legislation of the Russian Federation, on the basis of agreements, their powers as a state (municipal) customer) of a land plot.

2. Project documentation is documentation containing materials in text and graphic forms and (or) in the form of an information model and defining architectural, functional-technological, constructive and engineering solutions to ensure the construction, reconstruction of capital construction projects, their parts, capital repair.

3. Preparation of design documentation is not required during the construction or reconstruction of an individual facility housing construction, garden house. The developer, on his own initiative, has the right to ensure the preparation of design documentation in relation to an individual housing construction project, a garden house.

3.1. The provisions of Part 3 of this article do not apply if the estimated cost of construction, reconstruction, major repairs of an individual housing construction project is subject to verification for the reliability of its determination.

4. Work under contracts for the preparation of project documentation, amendments to project documentation in accordance with parts 3.8 and 3.9 of Article 49 of this Code, concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as contract agreements for the preparation of project documentation), should be carried out only by individual entrepreneurs or legal entities who are members self-regulatory organizations in the field of architectural and construction design, unless otherwise provided by this article. The execution of work on the preparation of design documentation under such contracts is ensured by specialists in the organization of architectural and construction design (chief project engineers, chief project architects). Work under contracts for the preparation of project documentation, amendments to project documentation in accordance with parts 3.8 and 3.9 of Article 49 of this Code, concluded with other persons, can be carried out by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

4.1. Membership in self-regulatory organizations in the field of architectural and construction design is not required:

1) state and municipal unitary enterprises, including state and municipal treasury enterprises, state and municipal institutions if they conclude contract agreements for the preparation of project documentation with federal executive authorities, state corporations that carry out legal regulation in the relevant area, bodies state authorities of the constituent entities of the Russian Federation, local government bodies in charge of such enterprises, institutions, or in the case of such enterprises, institutions performing the functions of a technical customer on behalf of the specified federal executive authorities, state corporations, government bodies of the constituent entities of the Russian Federation, local government bodies;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in case of conclusion such commercial organizations contract agreements for the preparation of project documentation with the specified enterprises, institutions, as well as with federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local government bodies, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified enterprises, institutions, federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

3) legal entities created by public legal entities (except for legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude contract agreements for the preparation of project documentation in established areas of activity (in areas for the purposes of carrying out activities in which they are created the specified legal entities), as well as commercial organizations, in the authorized (share) capitals of which the share of the specified legal entities is more than fifty percent, in the event that such commercial organizations conclude contract agreements for the preparation of project documentation with the specified legal entities or in the event that such commercial organizations perform functions technical customer on behalf of the specified legal entities;

4) legal entities in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude contract agreements for the preparation of project documentation with federal executive authorities, state authorities of constituent entities of the Russian Federation, and local government bodies , in the established areas of activity of which the specified legal entities carry out statutory activities, or in the event that the specified legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations in the authorized (share) capital of which the share of the specified legal entities is more than fifty percent , in the event that such commercial organizations conclude contract agreements for the preparation of project documentation with the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, legal entities, or in the case of such commercial organizations performing the functions of a technical customer on behalf of the specified federal executive authorities , state authorities of the constituent entities of the Russian Federation, local governments, legal entities.

5. The person preparing the project documentation may be a developer or an individual entrepreneur or legal entity that has entered into a contract for the preparation of project documentation. The person preparing the project documentation is responsible for the quality of the project documentation and its compliance with the requirements of technical regulations. The developer has the right to prepare project documentation independently, provided that he is a member of a self-regulatory organization in the field of architectural and construction design, or with the involvement of other persons under a contract for the preparation of project documentation.

5.2. A contract for the preparation of design documentation may provide for a task to complete engineering surveys. In this case, the specified individual or legal entity also organizes and coordinates engineering survey work and is responsible for the accuracy, quality and completeness of the engineering surveys performed. This agreement may also provide for ensuring that the specified individual or legal entity receives technical specifications.

6. If the preparation of project documentation is carried out by an individual entrepreneur or a legal entity on the basis of a contract agreement for the preparation of project documentation concluded with the developer, technical customer, person responsible for the operation of the building, structure, regional operator, developer, technical customer, person responsible for the operation of the building, structure, regional operator are obliged to provide such individual entrepreneur or legal entity:

1) urban planning plan of the land plot or, in the case of preparation of design documentation for a linear object, a project of territory planning and a project of land surveying (except for cases in which the construction or reconstruction of a linear object does not require the preparation of documentation for land planning);

2) the results of engineering surveys (if they are absent, the contract for the preparation of design documentation must provide for the task of performing engineering surveys);

3) technical conditions (in the event that the functioning of the designed capital construction facility cannot be ensured without connecting (technological connection) such a facility to engineering support networks).

7. Technical conditions providing for maximum load, terms of connection (technological connection) of capital construction projects to engineering and technical support networks and the validity period of technical conditions, as well as information on the fee for such connection (technological connection) is provided by organizations operating engineering and technical networks. technical support, without charging a fee within fourteen days at the request of federal executive authorities, executive authorities of constituent entities of the Russian Federation, local governments or copyright holders land plots, unless otherwise provided by gas supply legislation in the Russian Federation. The validity period of the provided technical conditions and the period for payment of payment for such connection (technological connection) are established by organizations operating engineering and technical support networks for at least three years or for the comprehensive development of land plots for the purpose of housing construction for at least five years, except for cases provided for by the legislation of the Russian Federation. The right holder of a land plot within one year or in the case of comprehensive development of a land plot for the purpose of housing construction, within three years from the date of provision of technical conditions and information on the payment for such connection (technological connection) must determine what he needs for connection (technological connection) to engineering networks - technical support of the load within the technical conditions provided to it. The obligations of the organization that provided the technical conditions providing for the maximum load, the timing of connection (technological connection) of capital construction projects to engineering and technical support networks and the validity period of the technical conditions are terminated if, within one year or during the comprehensive development of a land plot for housing purposes, construction, within three years from the moment the owner of the land plot is provided with the specified technical conditions, he will not determine the load he needs for connection (technological connection) to the engineering support networks within the limits of the technical conditions provided to him and will not submit an application for such connection (technological connection).

8. The organization operating the engineering support networks is obliged to ensure that the owner of the land plot, within the established time frame, connects (technological connection) the constructed or reconstructed capital construction facility to the engineering support networks in accordance with the technical conditions and information on the connection fee (technological accession) provided to the owner of the land plot.

9. The executive body of state power or local government body authorized to dispose of land plots located in state or municipal ownership, no later than thirty days before the day of the auction, or before the day the decision is made to provide a land plot located in state or municipal ownership property, or before the day of making a decision on preliminary approval of the provision of such a land plot, provide interested parties with technical conditions for connection (technological connection) to the engineering support networks, providing for the maximum load, the period of connection (technological connection) of the capital construction project to the engineering support networks , validity period of technical conditions and information about connection fees (technological connection). The executive body of state power or local government body authorized to dispose of land plots, within fourteen days from the date of receipt of an application for an auction for the sale of a land plot in state or municipal ownership, or an auction for the right to conclude a lease agreement for such a land plot, shall be sent to organizations operating engineering support networks, a request to provide the specified technical conditions, information about their validity period and connection fee (technological connection).

10. The procedure for determining and providing technical conditions and determining the connection fee (technological connection), as well as the procedure for connecting (technological connection) a capital construction project to engineering and technical support networks may be established by the Government of the Russian Federation.

10.1. The requirements of parts 7-10 of this article do not apply to the technological connection of capital construction projects to electrical networks. The procedure for the corresponding technological connection to electric networks is established by the legislation of the Russian Federation on the electric power industry.

11. Preparation of design documentation is carried out on the basis of an assignment from the developer or technical customer (when preparing design documentation on the basis of a contract for the preparation of design documentation), the results of engineering surveys, information specified in the urban planning plan of the land plot, or in the case of preparing design documentation for a linear facility on on the basis of a territory planning project and a territory surveying project (except for cases in which the construction or reconstruction of a linear facility does not require the preparation of territory planning documentation) in accordance with the requirements of technical regulations, technical conditions, permission to deviate from the maximum parameters of permitted construction, reconstruction of objects capital construction.

12. The design documentation of capital construction projects, taking into account the features provided for in Part 13 of this article, includes the following sections:

1) explanatory note with initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction projects, including technical conditions for connection (technological connection) to engineering support networks, and in the case of an examination of the results of engineering surveys before the examination of design documentation with details of a positive expert examination of the results of engineering surveys;

2) scheme planning organization land plot, completed in accordance with the information specified in the urban planning plan of the land plot, and in the case of preparation of project documentation in relation to linear objects, the design of the right of way, carried out in accordance with the territory planning project (except for cases in which for the construction, reconstruction of a linear object preparation of territory planning documentation is not required);

3) sections containing architectural, functional-technological, constructive, engineering and technical solutions and (or) measures aimed at ensuring compliance:

a) requirements of technical regulations, including mechanical, fire and other safety requirements, requirements energy efficiency, requirements for equipping buildings, structures, structures with metering devices for the energy resources used in buildings, structures and structures (including the networks and engineering support systems included in them), requirements for ensuring access for people with disabilities to a capital construction project (in case of preparation design documentation in relation to healthcare, education, culture, recreation, sports and other social, cultural and communal facilities, transport, trade facilities, Catering, objects of business, administrative, financial, religious purposes, objects housing stock);

b) sanitary and epidemiological requirements, requirements in the field of protection environment, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorism security of facilities;

c) requirements for the processes of design, construction, installation, adjustment, operation of buildings and structures;

d) requirements for technical conditions for connection (technological connection) of capital construction projects to engineering and technical support networks;

4) a project for organizing the construction of capital construction projects;

5) requirements for ensuring the safe operation of capital construction projects;

6) information on the standard frequency of work on major repairs of a capital construction facility, necessary to ensure the safe operation of such a facility, as well as in the case of preparation of design documentation for construction, reconstruction apartment building information about the volume and composition of the specified work.

12.1. Preparation of design documentation at the initiative of the developer or technical customer can be carried out in relation to individual stages of construction and reconstruction of capital construction projects.

12.2. In the case of major repairs of capital construction projects financed using budget funds budget system of the Russian Federation, the funds of the persons specified in part 1 of Article 8.3 of this Code, estimates are prepared for major repairs of capital construction projects on the basis of an act approved by the developer or technical customer and containing a list of foundation defects, building structures, utility systems and utility networks, indicating quality and quantitative characteristics such defects, and the design instructions of the developer or technical customer, depending on the content of the work performed during the major repairs of capital construction projects. The developer, on his own initiative, has the right to ensure the preparation of other sections of the design documentation, as well as the preparation of design documentation when carrying out major repairs of capital construction projects in other cases not specified in this part.

12.3. Information about a capital construction project in the design assignment of the developer or technical customer and in the design documentation must be indicated in accordance with the classifier of capital construction projects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register of expert opinions on design documentation capital construction projects), approved by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of construction, architecture, urban planning.

13. The composition and requirements for the content of sections of design documentation submitted for examination of design documentation and to state construction supervision authorities are established by the Government of the Russian Federation and are differentiated in relation to various types capital construction objects (including linear objects), as well as depending on the purpose of capital construction objects, types of work (construction, reconstruction, major repairs of capital construction objects), their content, sources of financing of work and the allocation of individual stages of construction, reconstruction in in accordance with the requirements of this article and taking into account the following features:

1) preparation of design documentation is carried out in the scope of separate sections in relation to various types of capital construction objects (including linear objects), as well as on the basis of the design assignment of the developer or technical customer, depending on the content of the work performed during the reconstruction of capital construction objects ( in case of reconstruction of a capital construction facility);

2) the project for organizing the construction of capital construction projects must contain a project for organizing work on the demolition of capital construction projects, their parts (if it is necessary to demolish capital construction projects, their parts for the construction, reconstruction of other capital construction projects);

3) the decisions and measures contained in the project documentation must comply with the requirements of the legislation of the Russian Federation on the protection of cultural heritage objects (in the case of preparation of project documentation for carrying out work on the conservation of cultural heritage objects, which affects the structural and other characteristics of the reliability and safety of such objects);

4) project documentation must include the section “Estimate for construction, reconstruction, major repairs, demolition of a capital construction project” (in cases where construction, reconstruction, demolition is financed using funds from the budgets of the budgetary system of the Russian Federation, funds from legal entities specified in part 2 Article 8.3 of this Code, major repairs are financed using funds from the budgets of the budget system of the Russian Federation, funds from persons specified in Part 1 of Article 8.3 of this Code);

5) in the cases provided for by paragraph 3 of Article 14 of the Federal Law of July 21, 1997 N 116-FZ “On the Industrial Safety of Hazardous Production Facilities”, Article 10 of the Federal Law of July 21, 1997 N 117-FZ “On the Safety of Hydraulic Structures”, Article 30 of the Federal Law of November 21, 1995 N 170-FZ “On the Use of Atomic Energy”, paragraphs 2 and 3 of Article 36 of the Federal Law of June 25, 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation", included in the design documentation in mandatory documentation and sections of design documentation provided for by the specified federal laws are included.

14. Design documentation of nuclear energy facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances, radioactive waste storage facilities), hazardous production facilities defined in accordance with the legislation of the Russian Federation, especially dangerous, technically complex, unique facilities, defense and security facilities should also contain a list of civil defense measures, measures to prevent natural and man-made emergencies, and counter-terrorism measures.

15. Project documentation, as well as changes made to it in accordance with parts 3.8 and 3.9 of Article 49 of this Code, are approved by the developer, technical customer, person responsible for the operation of the building, structure, or regional operator. In the cases provided for in Article 49 of this Code, the developer or technical customer, before approving the design documentation, sends it for examination. Project documentation is approved by the developer or technical customer in the presence of a positive expert opinion of the design documentation, except for the cases provided for in parts 15.2 and 15.3 of this article.

15.1. The specifics of the preparation, coordination and approval of project documentation necessary for carrying out work to preserve a cultural heritage site are established by the legislation of the Russian Federation on the protection of cultural heritage sites.

15.2. The developer or technical customer has the right to approve changes made to the project documentation in accordance with Part 3.8 of Article 49 of this Code, if there is confirmation of compliance of the changes made in the project documentation with the requirements specified in Part 3.8 of Article 49 of this Code, provided by a person who is a member of a self-regulatory organization, based on the membership of persons preparing project documentation, approved by a specialist in the organization of architectural and construction design attracted by this person in accordance with this Code in the position of chief engineer of the project.

15.3. If the developer or technical customer approves changes made to the design documentation in accordance with Part 3.9 of Article 49 of this Code, such changes are approved by the developer or technical customer in the presence of what is specified in Part 3.9 of Article 49 of this Code and provided by the executive authority or organization that conducted the examination of this project documentation, during expert support of confirmation of compliance of changes made to this project documentation with the requirements specified in Part 3.9 of Article 49 of this Code, and (or) a positive conclusion from the examination of project documentation issued in accordance with Part 3.11 of Article 49 of this Code.

15.4. Making changes to the design documentation specified in parts 15.2 and 15.3 of this article after receiving the conclusion of the state construction supervision body on the compliance of the constructed or reconstructed capital construction project with the requirements of the design documentation is not allowed if the construction or reconstruction of such a capital construction project requires the implementation of state construction supervision in accordance with this Code.

16. It is not allowed to require approval of project documentation, an opinion on project documentation and other documents not provided for by this Code.

Commentary to Art. 48 Civil Code of the Russian Federation

1 - 2. An integral element of the process construction activities is architectural and construction design, which consists of preparing design documentation for capital construction projects.

The Town Planning Code of the Russian Federation determines the content of project documentation - this is documentation that includes materials in text form and in the form of maps (diagrams) and defines architectural, functional-technological, constructive and engineering solutions to ensure the construction, reconstruction of capital construction projects, their parts, capital repair of such objects.

Preparation of design documentation is required if it is intended to carry out construction, reconstruction or major repairs of buildings, structures and structures. Moreover, based on the meaning that the legislator puts into the concept of “reconstruction” (), it includes both expansion and technical re-equipment.

As for capital repairs, the preparation of design documentation is required if such repairs affect the structural and other characteristics of the reliability and safety of capital construction projects.

What is new is the definition of the moment with which the RF Civil Code connects the possibility of preparing project documentation. Thus, according to clause 3.1 of SNiP 11-01-95, the development of design documentation is carried out subject to an approved decision on preliminary approval of the location of the facility. This also explains the fact that many legislative acts provide for the provision of land plots on the basis of project documentation (for example, Article 31 of the Federal Law of July 17, 1999 N 176-FZ “On postal service", Federal Law of January 10, 2003 N 17-FZ "On railway transport Russian Federation"). This provision contradicts the new Civil Code of the Russian Federation, according to which the decision on the preparation of project documentation is made by the developer, i.e. a person who already owns a land plot by right of ownership, lease, permanent (perpetual) use or lifelong inheritable possession.
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NW RF. 1999. N 29. Art. 3697.

NW RF. 2003. N 2. Art. 169.

3. Availability of project documentation developed, agreed upon and approved in accordance with the established procedure - required condition to obtain a building permit. At the same time, the provision that design documentation is not required during construction, reconstruction, and major repairs of individual housing construction projects is fundamentally new. In order to avoid ambiguous interpretation of this norm in practice, Federal Law of December 31, 2005 N 210-FZ “On Amendments to the Town Planning Code of the Russian Federation” made a clarification that in this case, individual housing construction projects mean detached residential buildings with no more than three floors, intended for single-family residence.

The developer, on his own initiative, has the right to ensure the preparation of design documentation in relation to such objects, but the submission of design documentation to obtain a construction permit is not required. The preparation of project documentation will have legal significance if, as a result of non-compliance of the project documentation with the requirements of technical regulations or engineering survey materials, harm to life or health is caused individuals or property of individuals or legal entities. In this case, the person who prepared the project documentation is obliged to fully compensate for the damage caused ().

4 - 6. Parts 4 and 5 of the commented article 48 of the Civil Code of the Russian Federation establish the circle of persons who can prepare project documentation. Such persons can be either the developer himself or an individual or legal entity engaged by him (or his authorized person - the customer) on a contractual basis. At the same time, these persons can prepare project documentation only if they comply with the requirements of the legislation of the Russian Federation for persons carrying out this type of activity.

The legislation of the Russian Federation establishes such a requirement for persons who can prepare project documentation as having a license. Moreover, this requirement has undergone significant changes. Previously, in accordance with paragraph 1 of Art. 17 Federal Law of August 8, 2001 N 128-FZ “On Licensing individual species activities" was subject to licensing activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard and for the construction of such buildings and structures. At the same time, the levels of responsibility of buildings and structures were established according to GOST 27751-88 “Reliability of building structures and foundations. Basic provisions for calculation”, approved by Decree of the USSR State Construction Committee of March 25, 1988 N 48 (as amended on December 21, 1993). According to the Rules for taking into account the degree of responsibility of buildings and structures when designing structures, approved by Decree of the USSR State Construction Committee of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage possible when structures reach limit states. The procedure for licensing design activities is established by the Regulations on licensing activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174 (as amended by Decree of the Government of the Russian Federation of October 3, 2002 . N 731) .
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NW RF. 2002. N 12. Art. 1149, N 41. Art. 3983.

Federal Law No. 80-FZ of July 2, 2005 amended the Law “On Licensing of Certain Types of Activities”, according to which the design of buildings and structures is subject to licensing, with the exception of structures for seasonal or auxiliary purposes. The list of works and services for these types of activities should be established by the provisions on licensing of such types of activities.

Amendments of July 2, 2005 to the Federal Law “On Licensing of Certain Types of Activities” provided for the abolition of licensing for the design of buildings and structures from January 1, 2007.

At the same time, the abolition of licensing for the design of buildings and structures should be linked to the transition to other methods government regulation relevant areas economic activity:

— development of self-regulation through the creation of self-regulatory organizations in the relevant field of activity and endowing them with appropriate powers to monitor the proper quality of preparation of project documentation;

— adoption of a number of technical regulations in this area.

In this regard, it is necessary to adopt federal laws on self-regulatory organizations, on the approval of relevant technical regulations, and make appropriate changes to the Urban Planning Code of the Russian Federation. At the moment, work on amending and adopting these federal laws has not been completed.

In this regard, on December 22, 2006, the State Duma adopted the Federal Law “On the invalidation of certain provisions of legislative acts of the Russian Federation,” according to which the licensing period for the design of buildings and structures was extended until July 1, 2007.

As a rule, in most cases, the preparation of project documentation is carried out by a specialized organization engaged by the developer (an authorized person - the customer) on a contractual basis. At the same time, the relationship between the developer (customer) and the person involved on a contractual basis is regulated by civil law (Articles 758 - 762 of the Civil Code of the Russian Federation “Contract for design and survey work”). An integral part of such an agreement is the task of the developer (customer) (the recommended task for the design of capital construction projects is given in SNiP 11-01-95).

7 - 10. Fundamentally new and socially important are the regulation of the issue related to obtaining technical conditions for connecting an object to engineering support networks, fixing on legislative level the need to develop design documentation in accordance with technical specifications.

In accordance with Part 10 of the commented Article 48 of the Town Planning Code of the Russian Federation, the procedure for determining and providing technical conditions and determining the connection fee, as well as the procedure for connecting an object to engineering support networks, are established by Decree of the Government of the Russian Federation of February 13, 2006 N 83 “On approval Rules for determining and providing technical conditions for connecting a capital construction facility to engineering support networks and Rules for connecting a capital construction facility to engineering support networks."
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NW RF. 2006. N 8. Art. 920.

These Rules regulate the relations between the organization operating engineering and technical support networks, local governments and land owners that arise in the process of determining and providing technical conditions for connecting capital construction projects under construction, reconstruction or built but not connected to engineering and technical support networks , including the procedure for sending a request, the procedure for determining and providing technical conditions, criteria for determining the possibility of connection, as well as in the process of connecting such objects to engineering support networks, including the procedure for submitting and considering an application for connection, issuing and fulfilling connection conditions and conditions for supplying resources .

According to these Rules, engineering support networks include a set of property objects directly used in the process of electricity, heat, gas, water supply and wastewater disposal.

The general rule establishes that information on technical conditions must be contained in the urban planning plan issued by the local government, on the basis of which the preparation of project documentation is carried out. If the owner of the land plot intends to reconstruct a capital construction project or connect the constructed facility to engineering and technical support networks and if the technical conditions for its connection were absent or their validity period has expired, as well as if the technical conditions issued by the local government in composition of the documents on the provision of a land plot, the copyright holder, in order to determine the required connected load, applies to the organization that operates the engineering and technical support networks to which it is planned to connect the reconstructed (constructed) capital construction facility, to obtain technical conditions.

If the owner of the land plot does not have information about the organization issuing the technical specifications, he applies to the local government body with a request to provide information about such an organization, and the local government body provides, within two working days from the date of application, information about the relevant organization, including the name, legal and actual addresses.

The organization operating the engineering support networks is obliged, within 14 working days from the date of receipt of the request, to determine and provide technical conditions or information on the fee for connecting a capital construction project to the engineering support networks or provide a reasoned refusal to issue the specified conditions in the absence the possibility of connecting a capital construction project under construction (reconstruction) to engineering and technical support networks. In order to verify the validity of the refusal to issue technical specifications, the owner of the land plot has the right to apply to the authorized federal executive body for technological supervision for the appropriate conclusion.

The issuance of technical specifications or information about the fee for connecting a capital construction project to engineering support networks is carried out without charging a fee.

The technical specifications must contain the following data:

— maximum load at possible connection points;

— the period for connecting a capital construction project to engineering and technical support networks, determined, among other things, depending on the implementation timeframe investment programs;

— validity period of technical specifications, but not less than two years from the date of their issue. After this period, the parameters of the issued technical specifications may be changed.

Information on the fee for connecting a capital construction project to utility networks must contain:

— data on the connection tariff approved at the time of issuing technical specifications in the manner prescribed by the legislation of the Russian Federation;

— expiration date of the specified tariff (if the validity period of this tariff expires before the expiration of the technical conditions);

- date repeated appeal for information about the connection fee (if at the time of issuing the technical specifications the connection tariff for the period of their validity has not been established).

If connecting capital construction projects under construction (reconstruction) to utility networks does not require the creation (reconstruction) of utility networks, connection fees are not charged.

From January 1, 2006, fees for connection to utility networks are determined in accordance with Federal Law No. 210-FZ of December 30, 2004 “On the basis for regulating tariffs of organizations communal complex", in accordance with paragraph 11 of Art. 2 of which the fee for connecting to engineering support networks is the fee paid by persons carrying out the construction of a building, structure, structure, other object, as well as the fee paid by persons carrying out the reconstruction of a building, structure, structure, other object, in if this reconstruction entails an increase in the consumed load of the reconstructed building, structure, structure, or other facility.
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NW RF. 2005. N 1 (part 1). Art. 36.

According to Part 2 of Art. 12 of the said Federal Law, the size of the connection fee is determined as the product of the tariff for connection to the corresponding communal infrastructure system and the size of the declared consumed load (increase in the consumed load for the reconstructed facility) provided by the communal infrastructure system for the building, structure, structure, or other facility under construction or reconstruction. Tariffs for connection to public infrastructure systems are set by the local government.

When changing the legal holder of a land plot to which technical conditions were issued, the new legal holder has the right to use these technical conditions by notifying the organization operating the engineering support networks about the change of legal holder.

The obligations of the organization that issued the technical specifications to ensure the connection of the capital construction project to the engineering and technical support networks in accordance with such technical specifications are terminated if, within one year from the date of receipt of the technical specifications, the owner of the land plot does not determine the connected load it needs and does not apply an application for connecting a capital construction project to engineering and technical support networks. If during the construction (reconstruction) of a capital construction project the validity period of the conditions for its connection to the engineering support networks is exceeded, this period is extended by agreement with the contractor based on the customer’s request.

In accordance with the Rules for connecting a capital construction facility to engineering support networks, connecting an object to engineering support networks is a process that makes it possible to connect capital construction projects under construction (reconstruction) to engineering support networks, as well as to production equipment resources.

Connection of a capital construction project to engineering and technical support networks is carried out on the basis of a contract. The procedure for conclusion and execution the said agreement, the essential terms of such an agreement, the rights and obligations of the parties are determined in accordance with the legislation of the Russian Federation.

Connection of a capital construction project to engineering and technical support networks is carried out in a manner that includes the following stages:

— submission by the customer of an application for connection;

— conclusion of a connection agreement;

— issuance by the operating organization to the customer of connection conditions (technical conditions for connection), which do not contradict the technical conditions previously received by the customer from the operating organization, or local government body, or from the previous owner of the land plot, provided that the validity period of the technical conditions has not expired;

— fulfillment by the customer of connection conditions;

— verification by the contractor of the customer’s compliance with the connection conditions;

— connection by the customer of the facility to the engineering support networks and signing by the parties of the act of connection;

— fulfillment of the conditions for the supply of resources.

The connection of a capital construction project to electrical networks and gas supply networks after concluding a connection agreement is carried out in the manner established accordingly by the Rules for the technological connection of customers' power receiving devices (power installations) to electrical networks in the Russian Federation (approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861) and the Rules for the use of gas and the provision of gas supply services in the Russian Federation (Resolution of the Government of the Russian Federation of May 17, 2002 N 317 “On approval of the Rules for the use of gas and the provision of gas supply services in the Russian Federation”).
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NW RF. 2004. N 52 (part 2). Art. 5525.

NW RF. 2002. N 20. Art. 1870.

To connect a capital construction project to engineering support networks, the customer sends to the operating organization:

— application for connection containing the full and abbreviated name of the customer (for individuals - last name, first name, patronymic), its location and postal address;

— notarized copies of constituent documents, as well as documents confirming the authority of the person who signed the application;

— title documents for the land plot;

— situational plan of the location of the object with reference to the territory settlement;

— topographic map of the site on a scale of 1:500 (with all above-ground and underground communications and structures), agreed with the operating organizations;

— information on the timing of construction (reconstruction) and commissioning of the facility under construction (reconstruction);

— other documents that, depending on the type of engineering and technical support networks, must be submitted in accordance with the legislation of the Russian Federation on electric power and gas supply.

After the customer fulfills the conditions for connecting the capital construction project to the engineering support networks, the contractor issues a permit for the customer to connect the specified facility to the engineering support networks. After the connection is completed, the contractor and the customer sign the act of connection.

Before the start of supplying resources (providing relevant services), the customer must obtain permission to commission capital construction projects, enter into agreements for the supply of relevant types of resources (for the provision of relevant services), the receipt of which is ensured by connecting the capital construction project to engineering support networks .

A person who carries out an unauthorized technological connection of a capital construction project to engineering and technical support networks bears responsibility in accordance with the legislation of the Russian Federation.

11. Part 11 of the commented article contains requirements for the preparation of project documentation: it must be carried out on the basis of the results of engineering surveys, the urban planning plan of the land plot in accordance with the requirements of technical regulations, technical conditions, permission to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects.

It should be noted that before the implementation of technical regulations, design documentation must be developed in accordance with the requirements of legislation, regulatory technical documents to the extent that does not contradict Federal Law No. 184-FZ of December 27, 2002 “On Technical Regulation” and the Civil Code of the Russian Federation.

The form of the urban planning plan of the land plot, on the basis of which the design documentation is developed, is established by Decree of the Government of the Russian Federation of December 29, 2005 N 840. Before the Government of the Russian Federation established this form, project documentation had to be developed on the basis of an architectural planning assignment issued in accordance with Federal Law of November 17, 1995 N 169-FZ “On Architectural Activities in the Russian Federation” (as amended on August 22, 2004 g.), (clause 1, part 1, article 4 of the Federal Law of December 29, 2004 N 191-FZ “On the entry into force of the Town Planning Code of the Russian Federation”).
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NW RF. 2006. N 2. Art. 205.

NW RF. 1995. N 47. Art. 44; 2004. N 35. Art. 3607.

NW RF. 2005. N 1 (part 1). Art. 17.

An urban planning plan for a land plot must be prepared in the case of preparation of a territory surveying project () or can be issued upon the application of an individual or legal entity. At the request of an individual or legal entity, a town planning plan is prepared by a local government body within 30 days from the date of receipt of the said application. The local government body provides the applicant with an urban planning plan for the land plot without charging a fee ().

Permission to deviate from the maximum parameters of permitted construction or reconstruction of capital construction projects may be granted to the owner of a land plot whose size is less than those established by town planning regulations minimum sizes land plots or configuration, engineering-geological or other characteristics of which are unfavorable for development. The procedure for granting such permission has been established.

12 - 14. Part 12 of the commented article establishes a list of mandatory sections of design documentation in relation to any capital construction projects, with the exception of design documentation of linear facilities.

The Federal Law “On Amendments to the Town Planning Code of the Russian Federation” establishes the ability of developers (customers) to prepare design documentation in relation to individual stages of construction and reconstruction. It is emphasized that this is the right of the developer (customer) (subparagraph “d”, paragraph 18, article 1).

Part 13 of the commented article 48 of the Town Planning Code of Russia stipulates that the composition and requirements for the content of sections of design documentation in relation to various types of capital construction projects, including linear objects, as well as the composition and requirements for the content of sections of design documentation in relation to individual stages of construction, reconstruction of capital construction projects are established by the Government of the Russian Federation. Federal Law No. 232-FZ of December 18, 2006 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” introduced an amendment to Part 13 of the article in question, according to which the Government of the Russian Federation must also establish the composition and requirements for the content of sections of the design documentation submitted for state examination and to state construction supervision authorities.

At present, these issues have not been fully resolved by the Government of the Russian Federation. Decree of the Government of the Russian Federation dated February 16, 2008 N 87 approved the Regulations on the composition of sections of project documentation and requirements for their content. When preparing project documentation, one should also be guided by departmental regulations, construction and sanitary standards and rules, as well as state standards. Particularly among such documents should be noted SNiP 11-01-95 “Instructions on the procedure for the development, coordination, approval and composition of design documentation for the construction of enterprises, buildings and structures” (adopted by Resolution of the Ministry of Construction of Russia of June 30, 1995 N 18-64 and canceled Resolution of the State Construction Committee of Russia dated February 17, 2003 No. 18). Despite the fact that these SNiPs were cancelled, according to the letter of the Gosstroy of Russia dated March 20, 2003 N SK-1692/3, before the approval of federal construction regulations governing the implementation of pre-design and design work, it is possible to use in real design practice the previously existing SNiP 11-01-95 and SNiP 11-101-95 “The procedure for the development, coordination, approval and composition of justifications for investments in the construction of enterprises, buildings and structures” (adopted by the Resolution of the Ministry of Construction of Russia dated June 30, 1995 No. 18-63 and canceled by Resolution of the State Construction Committee of Russia dated July 12, 2002 No. 86). In fact, these SNiPs remain the only document containing General requirements to design documentation. However, it should be remembered that they can be used only to the extent that does not contradict the Civil Code of the Russian Federation, Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, other federal laws and regulations of the Government of the Russian Federation.
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For example, Rules for the design and safe operation of process pipelines (approved by Resolution of the Gosgortekhnadzor of Russia dated June 10, 2003 N 80), Industrial Safety Rules for explosion-hazardous production facilities for storing, processing and using plant raw materials (approved by Resolution of the Gosgortekhnadzor of Russia dated June 10, 2003 . N 85), Instructions on the composition, procedure for development, coordination and approval design and estimate documentation for major repairs of residential buildings (approved by Decree of the State Construction Committee of Russia dated December 17, 1999 N 79), SNiP 11-03-2001 “Standard design documentation” (adopted by Decree of the State Construction Committee of Russia dated November 29, 2001 N 122), SNiP 2.01. 15-90 “Engineering protection of territories, buildings and structures from hazardous geological processes. Basic design provisions" (approved by Decree of the USSR State Construction Committee dated December 29, 1990 N 118), SNiP 31-03-2001 " Industrial buildings"(adopted by Resolution of the State Construction Committee of Russia dated March 19, 2001 N 20), SNiP 21-01-97 “Fire Safety of Buildings and Structures” (approved by Resolution of the Ministry of Construction of Russia dated February 13, 1997 N 18-7; as amended by June 3, 1999, June 19, 2000), Set of rules for design and construction SP 11-111-99 “Development, coordination, approval, composition of design and planning documentation for the development of low-rise housing construction areas” (approved by the Decree of the Gosstroy of Russia dated December 30, 1999 N 94), Sanitary and epidemiological rules and regulations SanPiN 2.1.2.1002-00 “Sanitary and epidemiological requirements for residential buildings and premises” (approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000), establishing sanitary requirements that must be observed during the design, reconstruction, construction, as well as maintenance of operated residential buildings and premises, SanPiN 2.2.3.1384-03 “Hygienic requirements for the organization of construction production and construction work"(approved by the Chief State Sanitary Doctor of the Russian Federation on June 11, 2003), Sanitary rules and regulations "Zones of sanitary protection of water supply sources and drinking water pipelines. SanPiN 2.1.4.1110-02" (approved by the Chief State Sanitary Doctor of the Russian Federation on February 26, 2002), SanPiN 2.1.6.1032-01 "Hygienic requirements for ensuring the quality of atmospheric air in populated areas" (approved by the Chief State Sanitary Doctor of the Russian Federation on May 17, 2001 g.), SanPiN 2.2.4/2.1.8.055-96 “Electromagnetic radiation of the radio frequency range (RF EMF)”, Sanitary and epidemiological rules and regulations “Hygienic requirements for the placement and operation of transmitting radio engineering facilities. SanPiN 2.1.8/2.2.4.1383-03" (introduced by the Decree of the Chief State Sanitary Doctor of the Russian Federation of June 9, 2003 N 135 from June 30, 2003), SN 2.2.4/2.1.8.562-96 "Noise in the workplace , in the premises of residential and public buildings and in residential areas", SN 2.2.4/2.1.8.566-96 "Industrial vibration, vibration in the premises of residential and public buildings", SN 2.2.4/2.1.8.583-96 "Infrasound on workplaces, in residential and public buildings and in residential areas", SN 2605-82 "Sanitary standards and rules for providing insolation to residential and public buildings and residential areas", SanPiN 4723-88 "Sanitary rules for the design and operation of a centralized hot water system water supply", SN 2971-84 "Sanitary norms and rules for protecting the population from the effects of the electric field created by overhead power lines of alternating current of industrial frequency", List of materials and structures approved for use in construction by the USSR Ministry of Health N 3859-85, GN 2.1. 6.1338-03 “Maximum permissible concentrations (MAC) of pollutants in the atmospheric air of populated areas” (approved. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 30, 2003 N 114), GN 2.6.1.758-99 “Radiation Safety Standards (NRB-99)”, GOST 30494-96 “Residential and public buildings. Indoor microclimate parameters", SNiP 2.07.01-89* "Urban planning. Planning and development of urban and rural settlements", SNiP 2.08.01-89* "Residential buildings", SNiP 2.04.05-91 "Heating, ventilation, air conditioning", SNiP 2.04.01-85* "Internal water supply and sewerage of buildings", SNiP 23-05-95 “Natural and artificial lighting”, SNiP 23-01-99 “ Construction climatology"(put into effect by Decree of the State Construction Committee of Russia dated June 11, 1999 N 45), SNiP 2.06.01-86 "Hydraulic structures. Basic design provisions" (approved by Decree of the USSR State Construction Committee of May 28, 1986 N 71), SNiP 3.04.03-85 "Protection of building structures and structures from corrosion", SN 517-80 "Instructions for the design and construction of avalanche protective structures" and etc.

Rationing in construction and housing and communal services. 2003. N 2.

Bulletin of the Ministry of Justice of the Russian Federation. 2004. N 6.

Rationing in construction and housing and communal services. 2002. N 4.

Thus, according to Part 12 of the commented article, such sections of the design documentation provided for by SNiP 11-01-95 as: general plan and transport are not mandatory; technological solutions; organization and working conditions of workers, production and enterprise management; investment efficiency. The estimate for the construction of an object is a mandatory section of project documentation, developed only in relation to capital construction projects financed from the relevant budgets. This is due to the fact that the main purpose of design documentation is to ensure the reliability and safety of buildings, structures and structures, and a favorable living environment. Questions about the validity of costs and the efficiency of spending funds are mandatory only for capital construction projects financed by budget funds. In other cases, sections such as investment efficiency and estimate documentation can be developed during the preparation of project documentation on the customer’s instructions, but these sections cannot be the subject of state examination project documentation.

That is why the Civil Code of the Russian Federation does not link the preparation of project documentation with the presence of approved (approved) investments in the construction of enterprises, buildings and structures, or the availability of developed pre-project documentation.

In addition, the mandatory availability of a list of measures for civil defense, measures to prevent emergencies of a natural and man-made nature is provided for by the Civil Code of the Russian Federation only in relation to design documentation of nuclear energy facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances), hazardous industrial objects, especially dangerous, technically complex and unique objects, defense and security objects (Part 14 of the commented article).

An explanatory note with initial data for architectural and construction design, construction, reconstruction, major repairs of capital construction projects, including the results of engineering surveys, technical specifications, must include: the basis for the development of the project, initial data for design, brief description object, data on the design capacity of the object (capacity, throughput), nomenclature, quality, competitiveness, technical level products, raw material base, needs for fuel, water, thermal and electrical energy, integrated use raw materials, production waste, secondary energy resources; information about the socio-economic and environmental conditions of the construction area; main indicators for master plan, engineering networks and communications, measures for engineering protection of the territory; general information, characterizing the conditions and labor protection of workers when designing production facilities, sanitary and epidemiological measures, basic decisions ensuring labor safety and living conditions low mobility groups population; information about the inventions used in the project; technical and economic indicators obtained as a result of project development, their comparison with the indicators of the approved (approved) justification for investment in the construction of the facility (if any) and the established design task, conclusions and proposals for the implementation of the project; information about the approvals of design solutions; confirmation of compliance of the developed project documentation with state norms, rules, standards, initial data, as well as technical conditions and requirements issued by state supervision (control) bodies and interested organizations when agreeing on the location of the facility, etc.

Project documentation section " Architectural solutions» must include: information about the engineering-geological, hydrogeological conditions of the construction site; short description and justification of architectural and construction decisions for main buildings and structures; justification of fundamental decisions to reduce production noise and vibration, household and sanitary services for workers; measures for electrical, explosion and fire safety, protection of building structures, networks and structures from corrosion; main drawings: plans, sections and facades of the main buildings and structures with a schematic representation of the main load-bearing and enclosing structures.

The section of the project documentation “Information about engineering equipment, about networks of engineering and technical support, a list of engineering activities, the content of technological solutions”, taking into account SNiP 11-01-95, should include: solutions for water supply, sewerage, heat supply, gas supply, electricity supply, heating , ventilation and air conditioning, engineering equipment of buildings and structures, including electrical equipment, electric lighting, communications and alarms, radio and television, fire-fighting devices and lightning protection, etc.; dispatching and control automation engineering systems; main drawings: schematic diagrams of heat supply, electricity supply, gas supply, water supply and sewerage, etc.; plans and profiles utility networks; drawings of main structures; plans and diagrams of in-shop heating and ventilation devices, power supply and electrical equipment, radio and alarm systems, automation of control of engineering systems, etc., as well as data on the production program; a brief description and justification of decisions on production technology, data on the labor intensity (machine intensity) of manufacturing products, mechanization and automation technological processes; composition and justification of the equipment used, including imported; solutions for the use of low-waste and waste-free technological processes and production, reuse of heat and captured chemicals; number of jobs and their equipment at production facilities; data on the quantity and composition of harmful emissions into the atmosphere and discharges into water sources (for individual workshops, production facilities, structures); technical solutions to prevent (reduce) emissions and discharges of harmful substances into the environment; assessment of the possibility of emergency situations and solutions to prevent them; type, composition and volume of industrial waste subject to disposal and disposal; fuel, energy and material balances of technological processes; the need for basic types of resources for technological needs, etc.

The section of the project documentation “Project for organizing the construction of capital construction projects” should be developed taking into account the conditions and requirements set out in the contract for the execution of design work and available data on the construction services market. Previously, this section should have been developed in accordance with SNiP 3.01.01-85 “Organization of construction production” (approved by Decree of the USSR State Construction Committee dated September 2, 1985 N 140; as amended by December 11, 1986 N 48 and amended by the Ministry of Construction Russia dated February 6, 1995 N 18-8). However, these SNiPs were canceled, and from January 1, 2005, by Decree of the Gosstroy of Russia dated April 19, 2004 N 70, SNiPs “Construction Organization” were approved for use, which are advisory in nature.
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Official publication. Ministry of Construction of Russia. M.: GP TsPP, 1996.

Rationing in construction and housing and communal services. 2004. N 3.

The section of the project documentation “List of environmental protection measures” must be carried out in accordance with the requirements of federal laws, state standards, building codes and rules regulatory documents Ministry of Natural Resources and Environment of Russia and others regulations regulating environmental activities. According to the Federal Law of January 10, 2002 N 7-FZ “On Environmental Protection”, when designing buildings, structures, structures and other objects there must be: measures for environmental protection, restoration of the natural environment, rational use and reproduction natural resources, ensuring environmental safety; standards for permissible anthropogenic load on the environment are taken into account; measures are provided to prevent and eliminate environmental pollution, as well as methods for disposing of production and consumption waste; resource-saving, low-waste, non-waste and other best existing technologies have been applied that contribute to environmental protection, rational use and reproduction of natural resources (Articles 34, 36). When designing and constructing thermal power plants, provision must be made for equipping them with highly effective means of purifying emissions and discharges of pollutants, using environmentally friendly fuels and safe disposal of production waste (Article 40); when designing reclamation systems, measures must be taken to ensure water balance and economical use of water, protect lands, soils, forests and other vegetation, animals and other organisms, as well as prevent other negative impacts on the environment (Article 43); When designing oil refining facilities, effective measures must be taken to clean up and neutralize production waste and collect petroleum (associated) gas and mineralized water, reclaim disturbed and contaminated lands, and reduce the negative impact on the environment (Article 46). Article 50 of the Federal Law of December 20, 2004 N 166-FZ “On Fisheries and Conservation of Aquatic Biological Resources” provides that when designing economic and other facilities, their impact on the state of aquatic biological resources and their habitat must be taken into account. According to Art. 16 of the Federal Law of May 4, 1999 N 96-FZ “On the Protection of Atmospheric Air”, in projects for the construction of economic and other activities that may have a harmful effect on the quality of atmospheric air, measures must be provided to reduce emissions of harmful (pollutant) substances into the atmospheric air and their neutralization in accordance with the requirements established by the federal executive body in the field of environmental protection and other federal executive bodies or their territorial bodies.
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NW RF. 2002. N 2. Art. 133.

NW RF. 2004. N 52 (part 1). Art. 5270.

NW RF. 1999. N 18. Art. 2222.

The section of the project documentation “Estimate for construction, reconstruction, major repairs of the facility” is provided to determine estimated cost construction, reconstruction, overhaul of enterprises, buildings and structures and must contain: summary estimates the cost of construction (reconstruction or capital construction) and, if necessary, a summary of costs (in the case where capital investments are provided from different sources financing); object and local estimate calculations; estimates for certain types of costs (including design and survey work). At the same time, it is recommended to present the cost of construction (reconstruction or capital construction) in the estimate for the construction of the customer’s facility in two price levels: at the basic (constant) level, determined on the basis of existing estimated standards and prices, and at the current or forecast level, determined on the basis of prices prevailing at the time of drawing up estimates or forecast for the period of construction. The estimate for the construction (reconstruction or capital construction) of a construction project also includes an explanatory note, which provides data characterizing the applied estimate-regulatory (normative-information) base, the price level and other information that distinguishes the conditions of this construction.

When drawing up estimates for construction, reconstruction, or major repairs of a facility, as a rule, the resource (resource-index) method is used, in which the estimated cost of construction is determined on the basis of data from design materials on the required resources (labor, construction machines, materials and structures) and current (forecast) prices for these resources. In the consolidated estimate, a separate line provides for a reserve of funds for unforeseen work and costs, calculated from the total estimated cost (at the current price level) depending on the degree of elaboration and novelty of design solutions. For construction projects carried out at the expense of capital investments financed from the budget of the Russian Federation, the amount of the reserve should not exceed 3% for industrial facilities and 2% for social facilities. Additional funds for reimbursement of costs that emerged after the approval of project documentation in connection with the introduction of increasing coefficients, benefits, compensation, etc., by decisions of the Government of the Russian Federation, should be included in the consolidated estimate calculation as a separate line with a subsequent change in the final indicators of the cost of construction (reconstruction or major repairs) and approval clarifications made by the authority that approved the design documentation.

Collections of State elemental estimate standards for civil works(GESN-2001) approved by Decree of the State Construction Committee of Russia dated October 11, 2000 N 102.
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Rationing in construction and housing and communal services. 2000. N 5.

As noted above, the section “Estimate for construction, reconstruction, major repairs of a facility” is developed only as part of the design documentation of facilities financed from the relevant budgets.

The section of the project documentation “List of measures for civil defense, measures to prevent emergencies of a natural and man-made nature” must be carried out in accordance with the rules and regulations in the field of civil defense, protection of the population and territories from emergencies of a natural and man-made nature. Thus, Order of the Ministry of Emergency Situations of the Russian Federation dated February 28, 2003 N 105 approved the Requirements for the prevention of emergency situations in potentially dangerous objects and life support facilities.
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RG. N 71. 2003. April 12.

A fundamentally new section of the project documentation is the “List of measures to ensure access for people with disabilities to healthcare, education, culture, recreation, sports and other social, cultural and communal facilities, transport, trade, public catering, business, administrative, financial facilities.” , religious purposes, housing facilities.” The introduction of such an independent section of project documentation is due to the requirement of Art. 15 of the Federal Law of November 24, 1995 N 181-FZ “On social protection disabled people in the Russian Federation”, according to which the development of design solutions for new construction and reconstruction of buildings, structures and their complexes without adapting these objects for access to them by disabled people and their use by disabled people is not allowed. The requirement for the presence of such a section of design documentation does not apply when preparing design documentation for industrial facilities, as well as in the case of preparing design documentation for individual housing construction projects. The procedure for implementing accessibility requirements for objects for people with disabilities social infrastructure RDS 35-201-99 was approved by Resolution of the State Construction Committee of Russia and the Ministry of Labor of Russia dated December 22, 1999 N 74/51. This section of the design documentation should also be developed taking into account the Code of Rules “Requirements for the accessibility of public buildings and structures for people with disabilities and other visitors with limited mobility” (approved by Resolution of the State Construction Committee of Russia dated November 29, 1999 N 73).
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NW RF. 1995. N 48. Art. 4563.

Rationing in construction and housing and communal services. 2000. N 3.

Construction Equipment Bulletin. 2000. N 1.

The list of civil defense measures, measures to prevent emergencies of a natural and man-made nature in the preparation of project documentation must be developed in accordance with the requirements of SNiP 2.01.51-90 “Engineering and technical measures of civil defense” and the Code of Rules “Procedure for accounting for engineering and technical measures of civil defense and measures to prevent emergency situations when drawing up a petition on the intention to invest in construction and justify investments in the construction of enterprises, buildings and structures" (SP 11-113-2002), approved. By order of the Ministry of Emergency Situations of the Russian Federation of July 23, 2002 N 357.
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Standardization, standardization and certification in construction. 2002. N 6.

In addition, the Civil Code of the Russian Federation stipulates that project documentation must contain other documentation in cases provided for by federal laws. Thus, according to Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection,” projects for siting nuclear installations, including nuclear power plants, must contain solutions to ensure their safe decommissioning. In accordance with Art. 10 of the Federal Law of July 21, 1997 N 117-FZ “On the safety of hydraulic structures” at the stages of design, construction, commissioning hydraulic structure a safety declaration for the hydraulic structure is drawn up, the content and procedure for its development are established by the Government of the Russian Federation. Article 14 of the Federal Law of July 21, 1997 N 116-FZ “On the Industrial Safety of Hazardous Production Facilities” stipulates that an industrial safety declaration must be developed as part of the design documentation for construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility , which involves: a comprehensive assessment of the risk of an accident and the threat associated with it; analysis of the sufficiency of measures taken to prevent accidents, to ensure the organization’s readiness to operate a hazardous production facility in accordance with industrial safety requirements, as well as to localize and eliminate the consequences of an accident at a hazardous production facility; development of measures aimed at reducing the scale of the consequences of the accident and the amount of damage caused in the event of an accident at a hazardous production facility. The procedure for drawing up an industrial safety declaration and the list of information contained in it are approved by Resolution of the Gosgortekhnadzor of Russia dated September 7, 1999 N 66 (as amended on October 27, 2000). In accordance with the Decree of the Government of the Russian Federation dated May 11, 1999 N 526 “On approval of the Rules for submitting the declaration of industrial safety of hazardous production facilities” (as amended on February 1, 2005 N 49) Federal service for environmental, technological and nuclear supervision, the right to establish the mandatory declaration of industrial safety for those hazardous production facilities for which it is not provided for by the Federal Law “On Industrial Safety of Hazardous Production Facilities” is granted. According to Art. 36 of the Federal Law of June 25, 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, if cultural heritage objects are located on the territory subject to economic development, sections on ensuring preservation of cultural heritage sites.
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NW RF. 1997. N 30. Art. 3589.

NW RF. 1997. N 30. Art. 3588.

RG. 1999. November 25; Bulletin of normative acts of federal executive authorities. 2000. N 50.

NW RF. 1999. N 20. Art. 2445; 2005. N 7. Art. 560.

NW RF. 2002. N 26. Art. 2519.

In relation to the composition of sections of project documentation and their content regarding certain types of capital construction projects, before their approval by the Government of the Russian Federation, one should also be guided by departmental regulations, such as, for example, the Regulations on the procedure for the development, coordination, examination and approval of pre-project, design documentation for capital construction projects, reconstruction and overhaul in the system of the Ministry of Taxes of the Russian Federation (approved by Order of the Ministry of Taxes of the Russian Federation dated June 6, 2002 N BG-3-17/285), Order of the Ministry of Railways of the Russian Federation and the Ministry of Transport of the Russian Federation dated January 20, 1999 N 1/TsZ/4 “O procedure for the design and construction of railway tracks in sea and river ports", Order of Gosatomnadzor of Russia dated August 26, 1994 N 102 "On approval of the Basic provisions for the preparation, consideration and decision-making on changes to design, engineering, technological and operational documentation affecting the provision of nuclear and radiation safety”, etc. The specified regulatory legal acts can be applied only to the extent that does not contradict the Civil Code of the Russian Federation.
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RV. 1994. 13 Oct.

According to Art. 22 of the Federal Law of October 22, 2004 N 125-FZ “On archiving in the Russian Federation”, before entering state and municipal archives, the storage period for design documentation for capital construction is 20 years.
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NW RF. 2004. N 43. Art. 4169.

15. Federal Law of December 31, 2005 N 210-FZ “On Amendments to the Town Planning Code of the Russian Federation” introduced a clarification that when, in cases provided for by the Civil Code of the Russian Federation, design documentation is subject to state examination before its approval, then the design documentation is approved by the developer or by the customer only if there is a positive conclusion from the state examination of the design documentation (see.

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Town Planning Code of the Russian Federation 2020, 2019

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Town Planning Code of the Russian Federation - includes norms and rules governing issues of town planning activities, territorial planning, architectural and construction design, as well as overhaul and reconstruction of capital construction projects. The new Town Planning Code, adopted to replace the outdated 1998 code, defines the basic principles of legislation in the field of town planning, preservation of cultural heritage sites and the creation of favorable living conditions.

The Code establishes liability for violation of urban planning legislation and defines its features for cities of federal significance: Moscow and St. Petersburg. The Town Planning Code of the Russian Federation ensures the sustainable development of territories through territorial planning, taking into account economic, social and environmental factors. The Town Planning Code provides conditions for compliance with all engineering and technical requirements, safety requirements, requirements Civil Defense and prevention of technical and natural emergencies.

The Town Planning Code establishes the rules for compensation for damage caused as a result of violations of the law by both individuals and legal entities. To the new town planning code an article was introduced on self-regulation of engineering surveys, construction, architectural and construction design, reconstruction and overhaul.

Latest changes in the Town Planning Code of the Russian Federation

• Code changes,
• Code changes,
• Code changes,
• Code changes,
• Code changes,

• Chapter 1. General provisions

• Chapter 2. Powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments in the field of urban planning activities

• Chapter 3. Territorial planning

• Chapter 2.1. Pricing and estimate standardization in the field of urban planning activities, federal register of estimate standards

• Chapter 4. Urban zoning

• Chapter 3.1. Urban planning standards

• Chapter 5. Territory planning

• Chapter 6. Architectural and construction design, construction, reconstruction of capital construction projects

  • Article 49 economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, within the boundaries of specially protected natural areas, within the boundaries of the Baikal natural territory

• Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ With latest changes, introduced by Federal Law dated December 27, 2019 N 472-FZ.

  Preface

  The original text of the Town Planning Code of the Russian Federation (GrK RF) was published in " Rossiyskaya newspaper"(N 290, 12/30/2004), "Collected Legislation of the Russian Federation" 01/03/2005, N 1 (part 1).

  The procedure for applying the Civil Code of the Russian Federation is established by Federal Law dated December 29, 2004 N 191-FZ "On the entry into force of the Town Planning Code of the Russian Federation"

  The Civil Code of the Russian Federation is one of the most dynamically changing laws, to which, since its adoption, dozens of amendments have been made.

  Town Planning Code of the Russian Federation– a comprehensive legislative act designed to regulate relations in the areas of:

  • territorial planning,
  • urban planning zoning,
  • territory planning,
  • design and construction of capital construction projects, their reconstruction, major repairs, as well as the operation of buildings, structures,
  • ensuring the safety of construction, operation of buildings and structures, preventing emergencies of a natural and man-made nature and eliminating their consequences,
  • acquisition, termination of the right of SRO in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects to issue certificates of admission to work on engineering surveys, for the preparation of design documentation, for construction, reconstruction, major repairs of capital construction projects , which influence the safety of capital construction projects,
  • creation of artificial land plots and construction of capital construction projects on such land plots.

  GRK RF is the main law in its sphere of public relations and according to paragraphs. 3, 4, Article 3 of the Civil Code of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and municipal authorities self-government containing norms regulating relations in the field of urban planning activities cannot contradict the Urban Planning Code of the Russian Federation.

  Other (related) legislation applied in urban planning activities may, for example, include the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Water Code of the Russian Federation, the Forestry Code of the Russian Federation, the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” and other laws. Related to urban planning relations are primarily land relations regulated by the Land Code of the Russian Federation.

  TOWN PLANNING CODE OF THE RUSSIAN FEDERATION

  Chapter 1. General provisions

  Chapter 2. Powers of state bodies
  authorities of the Russian Federation, state bodies
  authorities of the constituent entities of the Russian Federation, local authorities
  self-government in the field of urban planning activities

  Chapter 2.1. Pricing and estimated rationing
  in the field of urban planning,
  federal register of estimate standards

  Chapter 3. Territorial planning

  Chapter 4. Urban zoning

  Chapter 5. Territory planning

  Chapter 5.1. Activities for integrated and sustainable
  development of the territory and the procedure for their implementation

  Chapter 6. Architectural and construction design, construction,
  reconstruction of capital construction projects

  Chapter 6.1. Self-regulation in the field of engineering
  surveys, architectural and construction design,
  construction, reconstruction, major repairs,
  demolition of capital construction projects

  Chapter 6.2. Operation of buildings and structures

  Chapter 6.3. Development of territories for construction purposes
  and operation of rental houses

  Chapter 6.4. Demolition of capital construction projects

  Chapter 7. Information support
  urban planning activities

  Chapter 8. Responsibility for violation of the law
  on urban planning activities

  Chapter 9. Features of the implementation of urban planning
  activities in the constituent entities of the Russian Federation - cities
  federal significance Moscow, St. Petersburg and Sevastopol

  The president
  Russian Federation
  V. PUTIN

  On July 4, 2016, amendments to the Town Planning Code of the Russian Federation came into force related to the introduction of legally established pricing in construction, as well as simplification of the issuance of permits and the construction and commissioning of a facility.

  The edition of the Town Planning Code has been amended by three new ones since July 4, 2016 Federal laws which came into force on the day of signing:

  
  
  1. 
     Federal Law of July 3, 2016 N 369-FZ,
  
  
  2. 
     Federal Law of July 3, 2016 N 370-FZ,
  
  
  3. 
     Federal Law of July 3, 2016 N 372-FZ.
  
  

  Each of these documents changed certain articles of the Code. Let's look at each one separately.

  Pricing

  4 new paragraphs have been added that clarify new concepts in the code:

  
  
  • 
    clause 30 determines that the estimated cost of construction, reconstruction, major repairs is the amount Money necessary to carry out all these processes;
  
  
  • 
    paragraph 31 determines that estimate standards are a set of quantitative indicators of materials, products, structures and equipment, as well as labor costs of workers in construction, operating time of machines and mechanisms that are set to the accepted unit of measurement, and other costs, and are used to determine the estimate construction costs;
  
  
  • 
    paragraph 32 determines that the estimated prices of construction resources are consolidated, territorially aggregated documented information on the cost of construction resources, which is established by calculation for the accepted unit of measurement and must be posted in the federal state information system for pricing in construction;
  
  
  • 
    paragraph 33 determines that estimate standards are the norms and methods for applying estimate standards and estimated prices construction resources that are used in determining the estimated cost of construction.
  
  

  Article 4 of the Urban Planning Code of the Russian Federation determines that relations related to the collection and processing of information that is necessary to determine the estimated cost of construction are regulated by the legislation of the Russian Federation on commercial and other secrets protected by law, taking into account the features established by the legislation of the Russian Federation on urban planning activities.

  
  

  The new version of Article 6 of the Town Planning Code of the Russian Federation brought within the competence of government bodies of the Russian Federation in the field of town planning activities, including the approval of estimate standards and methods of their application, the establishment of a procedure for monitoring the prices of construction resources, the establishment of a procedure for maintaining a federal state information system for pricing in construction, and also maintaining the federal register estimate standards and the federal state information system for pricing in construction.

  
  

  The Code has a new chapter 2.1 “Pricing and estimated rationing in the field of urban planning, Federal Register of Estimate Standards." It included two such articles:

  
  
  • 
    regulating pricing and cost estimates in the field of urban planning activities;
  
  
  • 
    regulating the Federal Register of Estimate Standards.
  
  

  In addition, a new one has been introduced that regulates the Federal State information system pricing in construction and determines the composition of information and the order of its placement.

  Self-regulatory organizations

  Changed its name, now it is called “Requirements for a non-profit organization necessary to acquire the status of a self-regulatory organization” and determines that a non-profit organization can obtain the status of an SRO based on the membership of persons performing engineering surveys, or an SRO based on the membership of persons carrying out training project documentation, provided that it meets the requirements listed in this article. Article 55.16 of the Town Planning Code of the Russian Federation stipulates that SROs should now have not one compensation fund, but several. The purpose and size of these funds are defined in the novella of the article.

  
  

  New article 55.16.1 of the Town Planning Code of the Russian Federation regulates the placement of funds from the compensation fund for compensation of harm and the compensation fund for ensuring contractual obligations of SROs in credit organizations, investing funds from the SRO compensation fund for damages.

  
  

  Article 55.17 of the Town Planning Code of the Russian Federation provides for the obligation of SROs to maintain a register of their members. In particular, this register can be maintained as part of a unified register of SRO members, provided that such a register is posted on the organization’s website on the Internet. Article 55.18 of the Town Planning Code of the Russian Federation has changed the procedure for maintaining the state register of self-regulatory organizations. In particular, it should include data on compensation funds and documents developed by the SRO.

  
  

  Clause 8.1 has been added as follows:

  
  

  The National Association of Self-Regulatory Organizations is obliged to provide the supervisory body of self-regulatory organizations of its choice, in order to carry out its functions, access to a unified register of members of self-regulatory organizations in viewing mode without the possibility of deleting or editing information in it, or to provide it upon request necessary information from the specified registry.
  

  
  

  Article 55.20 of the Urban Planning Code of the Russian Federation provides for the creation of national associations of self-regulatory organizations, and also defines their functions. In particular, the information contained in the unified register of SRO members must be posted on the website of the relevant National Association of SROs on the Internet and must be available for review without charging a fee.

  Permits for construction and commissioning of the facility

  Article 51 of the Town Planning Code of the Russian Federation has changed the timing for issuing construction permits; now they must be issued no later than 3 working days from the date of receipt of the application for a construction permit, subject to the provision of all necessary documents.

  
  

  Article 55 of the Town Planning Code of the Russian Federation introduced the possibility of interdepartmental electronic exchange documents for obtaining permission to put the facility into operation. Subordinate state bodies or local government organizations that have these documents at their disposal must send them no later than 3 working days from the date of receipt of the relevant interdepartmental request.

  Even more code updates and legislative reviews in the special
  section
  on the St. Petersburg legal portal.

  Construction participants should know what the Town Planning Code of the Russian Federation is, what sections it consists of, and what it regulates. In essence, this is a set of legislative acts that describe the rules for development, planning and improvement of settlements, issuing construction permits, creating infrastructure, the basics of environmental protection, responsibility and nuances of interaction between subjects of legal relations.

  The latest edition of the Civil Code of the Russian Federation is valid from September 30, 2017. It defines the main rules for development, and also precisely indicates the zones permitted for reconstruction, construction and other actions of a similar nature. The document is of particular importance in the city construction industry. The main goal of creating the new Civil Code of the Russian Federation in 2017 was to eliminate arbitrariness and violation of the law in the construction sector.

  Below we will consider what the Civil Code of the Russian Federation is, what the document regulates, what sections it consists of, how city planning is carried out, and which bodies carry out the work of editing the document.

  If we consider the definition, the Civil Code of the Russian Federation (Town Planning Code of the Russian Federation) is a law that establishes norms and rules in the field of urban planning activities on the territory of the Russian Federation. It defines the main requirements for the following work:

  • Architectural and construction planning.
  • Territory planning.
  • Territorial planning.

  The power of the Civil Code of the Russian Federation also extends to the construction sector - the construction, repair and restoration of capital construction projects. The document was prepared for a number of reasons:

  • Streamlining regulations and other legislative acts.
  • Increasing construction volumes.
  • Development of the affordable housing market for people.

  The Civil Code of the Russian Federation clearly indicates the competencies of participants in the urban planning sector, indicates the hierarchy of subordination and the powers of various government bodies. This simplifies the process of implementing the mechanisms of organ relationships.

  What does it regulate?

  The purpose of the town planning code is to regulate:

  1. Urban planning relationships that are associated with work aimed at the development of certain zones (cities and other settlements) - engineering surveys, territorial planning, construction and restoration of capital construction projects, architectural and construction design, territory planning, major repairs (work that affects the safety of the facility) .
  2. Relations related to the prevention of emergencies and the elimination of their consequences, as well as the adoption of measures to guarantee construction safety.
  3. Relations related to obtaining and terminating SRO status, SRO activities, determination legal status, the use of disciplinary measures and the establishment of an SRO procedure.
  4. Relations related to the development of artificial plots of land.

  Structure of the Town Planning Code

  The Civil Code of the Russian Federation consists of nine main and two additional chapters. They describe:

  1. General provisions.
  2. Powers of state power structures of the Russian Federation, state power structures of constituent entities of the Russian Federation and local self-government.
  3. Territorial planning.
  4. Urban zoning.
  5. Territory planning.
  6. Construction and reconstruction of capital construction projects, architectural and construction design.
  • Self-regulation in the sector of construction and restoration of capital construction buildings, architectural and construction design, regulation in the field of engineering surveys.
  • Operation of facilities (buildings and structures).
  1. Ensuring urban planning activities in the information sector.
  2. Responsibility for violation of the law of the Civil Code of the Russian Federation.
  3. Features of conducting activities in the urban planning sector in cities of federal significance (St. Petersburg, Moscow).

  How is a city planned?

  Territorial planning of the city is a complex of works.

  Preparation and subsequent approval of planning schemes for the territory of the Russian Federation

  Such schemes are approved by the Russian government. If we're talking about about defense facilities or those related to security, their approval is made in special order established by the legislation of the Russian Federation. The creation of schemes is carried out taking into account engineering surveys and current regulations in the construction industry, regulations on planning the territory of the Russian Federation, proposals from interested parties and other documents.

  Before approval, draft schemes are reviewed and agreed (before approval) with interested government structures, taking into account Art. 12 Civil Code of the Russian Federation. Draft schemes must be published in the manner established for the official publication of regulatory acts of the Russian Federation and other documents. The process is organized no less than 3 months before approval with subsequent placement on the official website of the Government of the Russian Federation.

  Interested bodies have the right to put forward their proposals regarding draft territorial planning schemes of the Russian Federation. The latter must be published taking into account the current procedure and posted on the official resource of the Government.

  

  Planning schemes for the territory of the Russian Federation, within up to 3 days from the date of approval, are transferred to the highest executive bodies of state power of the constituent entities of the Russian Federation and municipal authorities responsible for the territories for which planning schemes have been created. Holders of rights to linear objects, capital construction structures and land may challenge spatial planning schemes if changes made they are violated in any way. Protection of interests is carried out with the involvement judiciary authorities.

  Government bodies of the Russian Federation, local government entities, as well as parties concerned(ordinary citizens and companies) have the right to make proposals for changes to the schemes. This work is carried out taking into account the requirements of the Civil Code of the Russian Federation. The specifics and procedure for preparing draft planning schemes of the Russian Federation, as well as the nuances of making changes, are established by the Government of the Russian Federation. If we are talking about objects related to the defense sector and security, the procedure for changes and publication takes into account the current legislation regarding state secrets.

  Approval of draft planning schemes for the territory of the Russian Federation

  The draft schemes for planning the territory of the Russian Federation must be agreed upon with the state authorities of the constituent entity of the Russian Federation in situations where new proposals imply amendments to existing documents relating to territorial planning, the boundaries of agricultural lands, environmental lands and plots owned by the subject. In addition, it is necessary to agree on issues related to the placement of capital construction structures of national importance, which in the future may negatively affect the environment.

  Other issues may not be agreed upon when preparing the draft site planning scheme. The approval period should not exceed 3 months from the date of submission to the highest government bodies of the constituent entities of the Russian Federation in relation to the territories for which a draft of such a territory planning scheme is being prepared. This also applies to areas where the planned structure may have a negative impact.

  If the highest body does not give its resolution within the period established at the legislative level, it is considered that it agreed to the implementation of the draft planning scheme for the territory of the Russian Federation. The highest body of state power of the Russian Federation of the constituent entity of the Russian Federation transfers the draft scheme to local authorities in relation to the territories for which the documentation has been prepared. Local authorities, in turn, review the received documents, study aspects of changing the boundaries of plots, land use rules and issues regarding objects whose construction may have a negative impact on the environment.

  To prepare a conclusion local authorities authorities are given no more than 30 days from the date of preparation of documents. If no decision is received during this period, it is assumed by default that they agree with such a draft planning scheme for the territory of the Russian Federation.

  The highest executive body of state power of a constituent entity of the Russian Federation, on the basis of the conclusion received from local authorities (if it has been submitted), prepares a final conclusion on the draft planning scheme for the territory of the Russian Federation. It may contain a provision on disagreement with the project with justification for such a decision. If several different entities do not agree with the projects, a conciliation commission is created within 30 days, which operates for 3 months. Its task is to resolve issues of coordination of issues with the constituent entities of the Russian Federation. The result of her work is:

  • Issuance of a document confirming the approval of the draft planning scheme for the territory of the Russian Federation, and preparation for approval of the scheme with the amendments made (taking into account the recommendations of local authorities).
  • Preparation of materials in text and graphic form on issues that required priority approval.

  The specified papers and materials may contain proposals to exclude from the project materials on issues that have not been agreed upon. They can be reflected in the graphic part in order to visually display the points that deserve the most attention. A plan for reconciling issues that arose after the approval of the planning scheme for the territory of the Russian Federation is also indicated.

  On the basis of the papers submitted to the conciliation commission, the issue of further approval of the planning scheme for the territory of the Russian Federation or its rejection is decided. In the latter case, the document can be sent for revision and subsequent changes for approval by all participants. Wherein general order approval of the draft scheme is established by the Government of the Russian Federation.

  Making the spatial planning scheme a reality

  If all issues are agreed upon, the last stage is to implement the plan within 3 months from the date of approval. The plan for implementing the scheme specifies the following issues:

  • The deadlines for preparing documents on territory planning for the construction of capital construction projects, the boundaries of land plots for the placement of such structures are being clarified.
  • Project preparation period and timing of construction of a capital construction facility of national importance.
  • Financial and economic justification for the planning scheme.

  Who edits the code and how often do they do it?

  As noted at the beginning of the article, the Town Planning Code is the law of a subject of the Russian Federation, which approves the changes made and gives them legislative force. Recommendations for making amendments are made by authorized bodies in the field of construction, after which they are studied by local authorities. Based on the conclusion, the constituent entities of the Russian Federation make a decision on the possibility of approving changes.

  The Town Planning Code was adopted on December 22, 2004, after which changes are regularly made to it with an average frequency of twice a year.