1. Architectural and construction design is carried out by preparing project documentation(including by making 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 developer or other right holder (who, when making budget investments in capital construction objects of state (municipal) property, state authorities (state bodies), the State Corporation for Atomic Energy "Rosatom", the State Corporation for Space activities of Roskosmos, government agencies of state off-budget funds or local governments transferred in cases established by budgetary legislation Russian Federation, on the basis of agreements, their powers of the state (municipal) customer) of the land plot, as well as the section of the project documentation "Estimate for the overhaul of the capital construction object" when carrying out overhaul capital construction object in the cases provided for by paragraph 12.2 of this article. In the event that the territory planning documentation provides for the placement of an object transport infrastructure of federal significance or a linear object of transport infrastructure of regional significance or local significance, architectural and construction design is carried out by preparing project documentation (including by amending it in accordance with this Code) in relation to such an object and its parts, under construction, reconstruction, in including within the boundaries not owned by the developer or other right holder (which, when making budget investments in capital construction objects of state (municipal) property, state authorities (state bodies), the State Corporation for Atomic Energy "Rosatom", the State Corporation for Space Activities "Roskosmos" , management bodies of state non-budgetary funds or local governments transferred, in cases established by the budgetary legislation of the Russian Federation, on the basis of agreements, their powers of the state (municipal) customer) of the 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, structural and engineering solutions to ensure the construction, reconstruction of capital construction facilities, their parts, capital repair.
3. The preparation of project documentation is not required during the construction, reconstruction of an individual housing construction, garden house. The developer, on his own initiative, has the right to ensure the preparation of project documentation in relation to the object of individual housing construction, a garden house.
3.1. The provisions of part 3 of this article shall not apply if the estimated cost of construction, reconstruction, overhaul of an individual housing construction object 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 contracts contract for the preparation of project documentation) should be carried out only by individual entrepreneurs or legal entities that are members of 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 project documentation under such contracts is provided by specialists in the organization of architectural and construction design (chief project engineers, chief architects of projects). 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, may be performed 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 state-owned enterprises, state and municipal institutions in the event that they conclude work contracts for the preparation of project documentation with federal executive authorities, state corporations exercising legal regulation in the relevant area, bodies state authorities of the constituent entities of the Russian Federation, local self-government bodies in charge of such enterprises, institutions, or in the event that such enterprises, institutions perform the functions technical customer on behalf of the said federal executive authorities, public corporations, public authorities of the constituent entities of the Russian Federation, local governments;
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 by such commercial organizations contracts 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 governments, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or in the event that such commercial organizations perform the functions of a technical customer on behalf of these enterprises, institutions, federal executive authorities, state corporations, government authorities of the constituent entities of the Russian Federation, local governments;
3) legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude work contracts for the preparation of project documentation in established areas of activity (in areas for the purpose of carrying out activities in which these legal entities are created) , as well as commercial organizations, in the authorized (share) capitals of which the share of these 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 if such commercial organizations perform the functions of a technical customer on behalf of 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 work contracts for the preparation of project documentation with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments , in the established areas of activity of which these legal entities carry out statutory activities, or in the event that these 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 statutory ( share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude work contracts for the preparation of project documentation with the specified federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, legal entities or in case of execution of such commercial organizations of the functions of a technical customer on behalf of the indicated 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 a legal entity that has entered into a contract for the preparation of project documentation. The person who prepares the design documentation is responsible for the quality of the design 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. The contract for the preparation of project documentation may provide for a task for the implementation engineering surveys. In this case, the specified individual or legal entity also organizes and coordinates engineering surveys and is responsible for the reliability, quality and completeness of the engineering surveys performed. This agreement may also provide for the provision of receipt of technical conditions by the specified individual or legal entity.
6. If the preparation of project documentation is carried out by an individual entrepreneur or a legal entity on the basis of a contract 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, the regional operator are obliged to provide such individual entrepreneur or legal entity:
1) town-planning plan of the land plot or, in case of preparation of design documentation for a linear facility, a territory planning project and a land surveying project (except for cases in which the preparation of territory planning documentation is not required for the construction, reconstruction of a linear facility);
2) the results of engineering surveys (if they are not available, the contract for the preparation of project documentation should provide for an assignment for the performance of engineering surveys);
3) technical conditions (in the event that the operation of the projected capital construction object cannot be ensured without connection (technological connection) of such an object to engineering and technical support networks).
7. Specifications providing for the maximum load, the timing of connection (technological connection) of capital construction facilities to engineering and technical support networks and the validity period of the technical specifications, as well as information on the payment for such connection (technological connection) is provided by organizations operating utility networks technical support, without charging a fee within fourteen days at the request of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local authorities or copyright holders land plots, unless otherwise provided by the legislation on gas supply in the Russian Federation. The period of validity of the technical conditions provided and the deadline for paying a fee for such connection (technological connection) are established by organizations operating utility networks for at least three years or, in the case of integrated development of land plots for housing construction, for at least five years, except for the cases stipulated by the legislation of the Russian Federation. The owner of the land plot within one year or in case of complex development of the 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 the engineering required for connection (technological connection) to the networks - technical support of the load within the limits of the technical conditions provided to it. The obligations of the organization that has provided the technical specifications providing for the maximum load, the terms for connecting (technological connection) of capital construction facilities to the engineering and technical support networks and the validity period of the technical specifications shall be terminated if, within one year or during the integrated development of the land plot for the purpose of housing construction, within three years from the date of granting the specified technical conditions to the right holder of the land plot, he will not determine the load necessary for him to connect (technological connection) to the engineering and technical 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 that operates engineering and technical support networks is obliged to provide the right holder of the land plot with the connection (technological connection) of the constructed or reconstructed capital construction facility to the engineering and technical support networks in accordance with the technical conditions and information on the payment for connection (technological accession) provided to the owner of the land plot.
9. The executive body of state power or local self-government body authorized to dispose of land plots that are 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 that is in state or municipal ownership. property, or until the day a decision is made on the preliminary approval of the provision of such a land plot, provide interested parties with technical conditions for connection (technological connection) to engineering and technical support networks, providing for the maximum load, the term for connecting (technological connection) of a capital construction object to engineering networks , validity period of technical conditions and information about connection fee (technological connection). The executive body of state power or local self-government body authorized to dispose of land plots, within fourteen days from the date of receipt of an application for holding an auction for the sale of a land plot owned by state or municipal property, or an auction for the right to conclude a lease agreement for such a land plot, is sent to organizations that operate utility networks, a request for the provision of the specified technical conditions, information on 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) of a capital construction facility to utility 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 facilities to electric 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. The preparation of project documentation is carried out on the basis of the assignment of the developer or technical customer (when preparing project documentation on the basis of a contract for the preparation of project documentation), the results of engineering surveys, the information specified in the town-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, 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 limiting parameters of permitted construction, reconstruction of objects capital construction.
12. The design documentation for capital construction facilities, taking into account the specifics 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 facilities, including technical conditions for connection (technological connection) to engineering and technical support networks, and in the case of an examination of the results of engineering surveys before the examination of project documentation with the details of a positive conclusion of the examination of the results of engineering surveys;
2) a scheme for the planning organization of a land plot, made in accordance with the information specified in the town-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, made in accordance with the territory planning project (except for cases in which for construction, reconstruction of a linear facility does not require the preparation of documentation for the planning of the territory);
3) sections containing architectural, functional-technological, constructive, engineering solutions and (or) measures aimed at ensuring compliance with:
a) the requirements of technical regulations, including the requirements of mechanical, fire and other safety, energy efficiency requirements, requirements for equipping buildings, structures, structures with metering devices for the energy resources used for buildings, structures and structures (including their constituent networks and systems of engineering and technical support), requirements for ensuring access for disabled people to a capital construction object (in the case of preparation of project documentation in relation to healthcare, education, culture, recreation, sports and other social, cultural and household facilities, transport, trade , Catering, objects of business, administrative, financial, religious purposes, objects housing stock);
b) sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of facilities;
c) requirements for the processes of design, construction, installation, commissioning, operation of buildings and structures;
d) requirements of technical conditions for connection (technological connection) of capital construction facilities to engineering networks;
4) a project for organizing the construction of capital construction facilities;
5) requirements for ensuring the safe operation of capital construction facilities;
6) information on the regulatory frequency of work on the overhaul of the capital construction object, necessary to ensure the safe operation of such an object, as well as in the case of preparing design documentation for construction, reconstruction apartment building information on the scope and composition of the said works.
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, reconstruction of capital construction projects.
12.2. In the event of a major overhaul of capital construction facilities financed with the attraction of funds from the budgets of the budget system of the Russian Federation, funds of the persons specified in Part 1 of Article 8.3 of this Code, an estimate for the overhaul of capital construction facilities is prepared on the basis of an act approved by the developer or technical customer and containing a list of defects in foundations, building structures, engineering and technical support systems and engineering networks, indicating quality and quantitative characteristics such defects, and the tasks of the developer or technical customer for design, depending on the content of the work performed during the overhaul of capital construction projects. The developer, on his own initiative, has the right to ensure the preparation of other sections of the project documentation, as well as the preparation of project documentation during the overhaul of capital construction facilities in other cases not specified in this part.
12.3. Information about the capital construction object in the assignment of the developer or technical customer for design and in the project documentation is subject to indication in accordance with the classifier of capital construction objects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register of conclusions of the examination of project documentation capital construction facilities) approved by the federal executive body responsible for the development and implementation of public policy and legal regulation in the field of construction, architecture, urban planning.
13. The composition and requirements for the content of sections of project documentation submitted for examination of project documentation and to state construction supervision bodies are established by the Government of the Russian Federation and are differentiated in relation to various types of capital construction objects (including linear objects), as well as depending on appointment of capital construction objects, types of work (construction, reconstruction, overhaul of capital construction objects), their content, sources of financing of works and allocation of individual stages of construction, reconstruction in accordance with the requirements of this article and taking into account the following features:
1) the preparation of project 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 assignment of the developer or technical customer for design, depending on the content of the work performed during the reconstruction of capital construction objects ( in case of reconstruction of a capital construction object);
2) a project for organizing the construction of capital construction objects must contain a project for organizing work on the demolition of capital construction objects, their parts (if it is necessary to demolish capital construction objects, their parts for construction, reconstruction of other capital construction objects);
3) the decisions and measures contained in the design documentation must comply with the requirements of the legislation of the Russian Federation on the protection of cultural heritage objects (in the case of preparing design documentation for carrying out work to preserve cultural heritage objects that affect the design and other characteristics of the reliability and safety of such objects);
4) project documentation should include the section "Estimate for construction, reconstruction, overhaul, demolition of a capital construction object" (in cases where construction, reconstruction, demolition are financed with the involvement of funds from the budgets of the budget system of the Russian Federation, funds of legal entities specified in Part 2 Article 8.3 of this Code, capital repairs are financed with the attraction of funds from the budgets of the budgetary system of the Russian Federation, funds of the 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 (monuments of history and culture) of the peoples of the Russian Federation”, as part of the project documentation in without fail includes documentation, sections of project documentation provided for by the indicated federal laws.
14. Design documentation for nuclear facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste), hazardous production facilities determined in accordance with the legislation of the Russian Federation, especially hazardous, 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 measures to counter terrorism.
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, the person responsible for the operation of the building, structure, or the regional operator. In the cases provided for in Article 49 of this Code, the developer or technical customer, prior to the approval of the project documentation, sends it for examination. The design documentation is approved by the developer or technical customer in the presence of a positive conclusion of the examination of the design documentation, except for the cases provided for in parts 15.2 and 15.3 of this article.
15.1. Features 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 the 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 to 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 involved in the preparation of project documentation, approved by the specialist involved in the organization of architectural and construction design in the position of chief engineer of the project, attracted by this person in accordance with this Code.
15.3. If the developer or technical customer approves the changes made to the project 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 the information 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, in the course of expert support for confirming the 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 of the examination of project documentation issued in accordance with part 3.11 of Article 49 of this Code.
15.4. The introduction of the changes specified in parts 15.2 and 15.3 of this article into the project documentation after receiving the conclusion of the state construction supervision body on the compliance of the constructed, reconstructed capital construction object with the requirements of the design documentation is not allowed if the construction, reconstruction of such a capital construction object provides for the implementation of state construction supervision in accordance with this Code.
16. It is not allowed to demand approval of project documentation, conclusion on project documentation and other documents not provided for by this Code.
Commentary on Art. 48 GK RF
1 - 2. An integral element of the process construction activities is architectural and construction design, which consists in the preparation of project documentation for capital construction projects.
Urban planning code The Russian Federation defines 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 facilities, their parts, overhaul of such objects.
Preparation of project documentation is required if it is planned to carry out the construction, reconstruction or major repairs of buildings, structures and structures. At the same time, based on the meaning that the legislator puts into the concept of "reconstruction" (), it includes both expansion and technical re-equipment.
As for the overhaul, the preparation of project documentation is required if the design and other characteristics of the reliability and safety of capital construction facilities are affected during such repairs.
What is new is the definition of the moment with which the RF GK connects the possibility of preparing project documentation. So, according to clause 3.1 of SNiP 11-01-95, the development of project documentation is carried out in the presence of an approved decision on preliminary approval of the location of the facility. This also determines 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. person who already owns land plot on the right of ownership, lease, permanent (perpetual) use or life-long inheritable possession.
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SZ RF. 1999. N 29. Art. 3697.
SZ RF. 2003. N 2. Art. 169.
3. Availability of developed, agreed and duly approved project documentation — required condition to obtain a building permit. At the same time, a fundamentally new provision is that the construction, reconstruction, overhaul of individual housing construction does not require project documentation. In order to avoid ambiguous interpretation in practice of this norm federal law dated December 31, 2005 N 210-FZ “On Amendments to the Town Planning Code of the Russian Federation”, a clarification was made that in this case, individual housing construction objects are understood to be detached residential buildings with no more than three floors, intended for living one family.
The developer, on his own initiative, has the right to ensure the preparation of design documentation for such facilities, but the submission of design documentation for obtaining a building permit is not required. The preparation of project documentation will have legal significance if, as a result of non-compliance of project documentation with the requirements of technical regulations, engineering survey materials are harmed to life, health 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 harm caused ().
4 - 6. Parts 4 and 5 of the commented Article 48 of the Civil Code of the Russian Federation establish a circle of persons who can prepare project documentation. Such persons can be both the developer himself and an individual or legal entity attracted by him (or his authorized person - the customer) on a contractual basis. At the same time, these persons may prepare project documentation only if they comply with the requirements of the legislation of the Russian Federation for persons engaged in such activities.
The legislation of the Russian Federation establishes such a requirement for persons who can prepare project documentation as a license. Moreover, this requirement has undergone significant changes. Previously, in accordance with paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-FZ "On Licensing certain types 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 in accordance with GOST 27751-88 “Reliability of building structures and foundations. Basic provisions for calculation ”, approved by the Decree of the USSR Gosstroy 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 in the design of structures, approved by the Decree of the USSR Gosstroy of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage that is 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 No. 731).
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SZ RF. 2002. N 12. Art. 1149, N 41. Art. 3983.
Federal Law No. 80-FZ of July 2, 2005 amended the Law “On Licensing Certain Types of Activities”, according to which the design of buildings and structures is subject to licensing, with the exception of seasonal or auxiliary structures. The list of works and services for the specified types of activities should be established by the regulations on licensing such types of activities.
Amendments dated July 2, 2005 to the Federal Law "On Licensing Certain Types of Activities" provided for the abolition of licensing 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. state regulation relevant areas economic activity:
- development of self-regulation through the creation of self-regulatory organizations in the relevant field of activity and empowering them with appropriate powers to control 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 Town Planning Code of the Russian Federation. At the moment, work on making changes and adopting these federal laws has not been completed.
In this regard, on December 22, 2006, the State Duma adopted the Federal Law “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid”, according to which the term for licensing 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 (the person authorized by him - 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 the performance of 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 facilities 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 and technical support networks, fixing on legislative level the need to develop project documentation in accordance with the 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 the facility to engineering 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 object to engineering and technical support networks and Rules for connecting a capital construction object to engineering networks.
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SZ RF. 2006. N 8. Art. 920.
These Rules govern relations between the organization that operates utility networks, local authorities and land owners arising in the process of determining and providing technical conditions for connecting capital construction projects under construction, reconstructing or built, but not connected, capital construction facilities to engineering networks , including the procedure for sending a request, the procedure for determining and providing technical conditions, the criteria for determining the possibility of connection, as well as in the process of connecting such objects to engineering networks, including the procedure for submitting and considering an application for connection, issuing and fulfilling connection conditions and conditions for supplying resources .
According to the said Rules, engineering and technical support networks include a set of property objects directly used in the process of electricity, heat, gas, water supply and sanitation.
The general rule establishes that information on technical conditions should 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 the capital construction object or connect the constructed object to the engineering and technical support networks and if the technical conditions for its connection were absent or their validity period has expired, and also if the technical conditions issued by the local government in as part of the documents on the provision of a land plot, the right holder, in order to determine the necessary connected load, applies to the organization that operates the engineering and technical support networks to which it is planned to connect the reconstructed (built) capital construction facility to obtain technical specifications.
If the owner of the land plot does not have information about the organization issuing the technical conditions, he applies to the local government with a request to provide information about such an organization, and the local government provides, within two working days from the date of the request, information about the relevant organization, including the name, legal and actual addresses.
The organization operating utility 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 the capital construction facility to engineering networks or provide a reasoned refusal to issue these conditions in the absence of the possibility of connecting a capital construction object under construction (reconstruction) to engineering networks. In order to verify the validity of the refusal to issue technical conditions, the right holder of a land plot has the right to apply to the authorized federal executive body for technological supervision for an appropriate conclusion.
Issuance of technical conditions or information on payment for connection of a capital construction object to engineering and technical support networks is carried out without charging a fee.
Specifications must contain the following data:
- maximum load at possible connection points;
— the term for connecting the capital construction facility to the engineering and technical support networks, which is determined, among other things, depending on the timing of the implementation of investment programs;
— the term of validity of the technical specifications, but not less than two years from the date of their issue. After this period, the parameters of the issued specifications may be changed.
Information on the payment for the connection of the capital construction object to the engineering and technical support networks should contain:
- data on the connection tariff approved at the time of issuing the technical specifications in accordance with the procedure established by the legislation of the Russian Federation;
— the expiration date of the specified tariff (if the period of validity of this tariff expires before the expiration of the technical specifications);
- date re-treatment for information on the connection fee (if at the time of issuing the technical specifications, the connection tariff for the period of their validity is not established).
If the connection of capital construction objects under construction (reconstruction) to engineering networks does not require the creation (reconstruction) of engineering networks, connection fees are not charged.
From January 1, 2006, the fee for connection to utility networks is determined in accordance with the Federal Law of December 30, 2004 N 210-ФЗ “On the Basics of Tariff Regulation of Public Utilities Organizations”, in accordance with clause 11 of Art. 2 of which the fee for connection to the engineering and technical support networks is a fee paid by persons engaged in the construction of a building, structure, structure, other object, as well as a 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, other object.
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SZ RF. 2005. N 1 (part 1). Art. 36.
According to part 2 of Art. 12 of the Federal Law, the amount of the connection fee is determined as the product of the tariff for connection to the relevant system of the utility infrastructure and the amount of the declared consumed load (increase in the consumed load for the reconstructed object) provided by the communal infrastructure system for a building, structure, structure, or other object under construction or reconstructed. Tariffs for connection to communal infrastructure systems are set by the local government.
When changing the owner of a land plot to which the technical conditions were issued, the new right holder has the right to use these technical conditions by notifying the organization that operates the engineering and technical support networks of the change of the right holder.
The obligations of the organization that issued the technical specifications to ensure the connection of the capital construction facility 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 necessary connected load and does not apply with a statement on the connection of the capital construction object to the networks of engineering and technical support. If during the construction (reconstruction) of a capital construction object the validity period of the conditions for its connection to the engineering and technical support networks is exceeded, the specified period is extended in agreement with the contractor based on the customer's request.
In accordance with the Rules for connecting a capital construction object to engineering networks, connecting an object to engineering networks is a process that makes it possible to connect capital construction objects under construction (reconstruction) to engineering networks, as well as to production equipment resources.
The connection of the capital construction object to the networks of engineering and technical support is carried out on the basis of an agreement. The order of conclusion and execution 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.
The connection of the capital construction object to the engineering and technical support networks is carried out in the manner that includes the following steps:
– 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, or from the previous owner of the land plot, provided that the technical conditions have not expired;
– fulfillment by the customer of the connection conditions;
– verification by the contractor of the fulfillment by the customer of the connection conditions;
– connection by the customer of the object to the networks of engineering and technical support and signing by the parties of the act of connection;
- fulfillment of the conditions for the supply of resources.
Connection of a capital construction facility to electric networks and gas supply networks after the conclusion of an agreement on connection is carried out in the manner established, respectively, by the Rules for the technological connection of power receiving devices (power plants) of customers to electric networks in the Russian Federation (approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861);
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SZ RF. 2004. N 52 (part 2). Art. 5525.
SZ RF. 2002. N 20. Art. 1870.
To connect a capital construction facility to engineering and technical support networks, the customer sends to the operating organization:
- an application for connection containing the full and abbreviated names 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;
- situational plan for the location of the object with reference to the territory of the settlement;
— a topographic map of the site on a scale of 1:500 (with all surface and underground utilities and structures), agreed with the operating organizations;
— information on the timing of construction (reconstruction) and commissioning of a facility under construction (reconstruction);
- other documents, which, depending on the type of engineering and technical support networks, must be submitted in accordance with the legislation of the Russian Federation on the electric power industry and gas supply.
After the customer fulfills the conditions for connecting the capital construction object to the engineering and technical support networks, the contractor issues a permit for the customer to connect the specified object to the engineering and technical support networks. After the implementation of the accession, the contractor and the customer sign an act of accession.
Prior to the supply of resources (provision of relevant services), the customer must obtain permission to commission capital construction facilities, conclude agreements on the supply of relevant types of resources (on the provision of relevant services), which are obtained as a result of connecting the capital construction facility to engineering and technical support networks .
A person carrying out unauthorized technological connection of a capital construction object to engineering and technical support networks shall be liable 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 town-planning plan of the land plot in accordance with the requirements of technical regulations, specifications, permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction projects.
It should be noted that prior to the entry into force of technical regulations, project documentation must be developed in accordance with the requirements of the law, regulatory technical documents to the extent that it 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 town-planning plan of the land plot, on the basis of which the project documentation is being developed, is established by Decree of the Government of the Russian Federation of December 29, 2005 N 840. Prior to the establishment of such a form by the Government of the Russian Federation, project documentation should have been developed on the basis of an architectural and planning assignment issued in accordance with the Federal Law of November 17, 1995 N 169-FZ “On Architectural Activities in the Russian Federation” (as amended on August 22, 2004 d.), (clause 1, part 1, article 4 of the Federal Law of December 29, 2004 N 191-FZ “On the Enactment of the Town Planning Code of the Russian Federation”).
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SZ RF. 2006. N 2. Art. 205.
SZ RF. 1995. N 47. Art. 44; 2004. N 35. Art. 3607.
SZ RF. 2005. N 1 (part 1). Art. 17.
The town-planning plan of the land plot is mandatory prepared in the event of the preparation of a land surveying project () or may be issued at the request of an individual or legal entity. At the request of an individual or legal entity, a town-planning plan is prepared by the local government within 30 days from the date of receipt of the said application. The local government provides the applicant with a town-planning plan of the land plot free of charge ().
Permission to deviate from the limiting parameters of permitted construction, reconstruction of capital construction facilities may be granted to the owner of a land plot, the size of which is less than those established by urban planning regulations minimum dimensions land plots or configuration, engineering-geological or other characteristics of which are unfavorable for development. The procedure for granting such permission is established.
12 - 14. Part 12 of the commented article establishes a list of mandatory sections of design documentation for any capital construction projects, with the exception of design documentation for linear facilities.
The federal law "On Amendments to the Town Planning Code of the Russian Federation" provides for the possibility for developers (customers) to prepare project documentation for individual stages of construction and reconstruction. At the same time, 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 provides that the composition and requirements for the content of sections of project documentation in relation to various types of capital construction objects, including linear objects, as well as the composition and requirements for the content of sections of project documentation in relation to individual stages of construction, reconstruction of capital construction objects 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” amended part 13 of the article under consideration, 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 expertise and state construction supervision.
Currently, these issues are not fully resolved by the Government of the Russian Federation. Decree of the Government of the Russian Federation of February 16, 2008 N 87 approved the Regulations on the composition of sections of project documentation and the requirements for their content. When preparing project documentation, one should also be guided by departmental regulatory legal acts, construction and sanitary standards and rules, as well as state standards. Especially among such documents, it should be noted SNiP 11-01-95 "Instruction on the procedure for the development, approval, approval and composition of design documentation for the construction of enterprises, buildings and structures" (adopted by the Decree of the Ministry of Construction of Russia of June 30, 1995 N 18-64 and canceled Decree of the Gosstroy of Russia dated February 17, 2003 N 18). Despite the fact that these SNiPs were canceled, according to the letter of the Gosstroy of Russia dated March 20, 2003 N SK-1692 / 3, until the approval of federal construction regulations governing the implementation of pre-design and design work, it is possible to use in the practice of real design the previously existing SNiP 11-01-95 and SNiP 11-101-95 "The procedure for the development, approval, approval and composition of justifications for investments in the construction of enterprises, buildings and structures" (adopted by the Decree of the Ministry of Construction of Russia dated June 30, 1995 N 18-63 and canceled by the Decree of the Gosstroy of Russia dated July 12, 2002 N 86). In fact, these SNiPs remain the only document containing general requirements for project documentation. However, it should be remembered that they can only be applied in the part that does not contradict the Civil Code of the Russian Federation, the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, other federal laws and decrees of the Government of the Russian Federation.
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For example, the Rules for the Arrangement and Safe Operation of Process Pipelines (approved by the Decree of the Gosgortekhnadzor of Russia dated June 10, 2003 N 80), the Industrial Safety Rules for explosive production facilities for the storage, processing and use of plant raw materials (approved by the Decree 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 the overhaul of residential buildings (approved by Decree of the Gosstroy of Russia of December 17, 1999 N 79), SNiP 11-03-2001 "Typical design documentation" (adopted by Decree of the Gosstroy of Russia of November 29, 2001 N 122), SNiP 2.01. 15-90 “Engineering protection of territories, buildings and structures from dangerous geological processes. Basic design provisions "(approved by Decree of the USSR State Construction Committee of December 29, 1990 N 118), SNiP 31-03-2001" Industrial buildings”(adopted by the Decree of the Gosstroy of Russia of March 19, 2001 N 20), SNiP 21-01-97 “Fire safety of buildings and structures” (approved by the Decree of the Ministry of Construction of Russia of February 13, 1997 N 18-7; amended from June 3, 1999, June 19, 2000), Code of Rules for Design and Construction SP 11-111-99 "Development, approval, approval, composition of design and planning documentation for the development of low-rise housing construction territories" (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 to be observed in the design, reconstruction, construction, as well as the maintenance of operated residential buildings and premises, SanPiN 2.2.3.1384-03 "Hygienic requirements for the organization of construction production and construction works”(approved by the Chief State Sanitary Doctor of the Russian Federation on June 11, 2003), Sanitary Rules and Norms “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 d.), SanPiN 2.2.4 / 2.1.8.055-96 "Electromagnetic radiation of the radio frequency range (EMF RF)", Sanitary and epidemiological rules and regulations "Hygienic requirements for the placement and operation of transmitting radio 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, public buildings and on the territory of residential development", CH 2.2.4 / 2.1.8.566-96 "Industrial vibration, vibration in the premises of residential and public buildings", CH 2.2.4 / 2.1.8.583-96 "Infrasound on workplaces, in the premises of residential, public buildings and on the territory of residential development", SN 2605-82 "Sanitary norms and rules for providing insolation to residential and public buildings and residential areas", SanPiN 4723-88 "Sanitary rules for the installation and operation of a centralized hot water supply”, SN 2971-84 “Sanitary norms and rules for protecting the population from the effects of an electric field created by overhead AC power lines of industrial frequency”, List of materials and structures approved for use in construction by the Ministry of Health of the USSR N 3859-85, GN 2.1. 6.1338-03 "Maximum Permissible Concentrations (MPC) of Pollutants in the Atmospheric Air of Populated Areas" (approved by Decree 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" (enacted by the Decree of the Gosstroy of Russia dated June 11, 1999 N 45), SNiP 2.06.01-86 "Hydraulic structures. Basic Design Provisions" (approved by Decree of the USSR Gosstroy of May 28, 1986 N 71), SNiP 3.04.03-85 "Protection of building structures and structures against 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. No. 6.
Rationing in construction and housing and communal services. 2002. No. 4.
So, according to part 12 of the commented article, such sections of the project documentation provided for by SNiP 11-01-95 are not mandatory, such as: master plan and transport; technological solutions; organization and working conditions of employees, production and enterprise management; investment efficiency. The estimate for the construction of the facility is a mandatory section of the 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 project documentation is to ensure the reliability, safety of buildings, structures and structures, a favorable living environment. Issues of cost feasibility and efficiency of spending 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 instructions of the customer, however, these sections cannot be the subject state expertise project documentation.
That is why the State Committee of the Russian Federation does not link the preparation of project documentation with the availability of approved (approved) investments in the construction of enterprises, buildings and structures, the availability of developed pre-project documentation.
In addition, the obligatory availability of a list of civil defense measures, measures to prevent natural and man-made emergencies is provided for by the Civil Code of the Russian Federation only in relation to the design documentation of nuclear facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances), hazardous industrial objects, especially dangerous, technically complex and unique objects, objects of defense and security (part 14 of the commented article).
An explanatory note with the initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, including the results of engineering surveys, technical specifications, should include: the basis for the development of the project, the initial data for the design, a brief description of the object, data about the design capacity of the facility (capacity, throughput), nomenclature, quality, competitiveness, technical level products, raw material base, demand for fuel, water, thermal and electric energy, integrated use of raw materials, production waste, secondary energy resources; information about the socio-economic and environmental conditions of the construction area; main indicators for the general plan, engineering networks and communications, measures for the engineering protection of the territory; general information characterizing the conditions and labor protection of those working in the design of production facilities, sanitary and epidemiological measures, the main solutions that ensure labor safety and living conditions disabled groups population; information about the inventions used in the project; technical and economic indicators obtained as a result of the development of the project, their comparison with the indicators of the approved (approved) justification of investments in the construction of the facility (if any) and the established design assignment, conclusions and proposals for the implementation of the project; information on the approvals of design decisions; confirmation of the 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» should include: information about engineering-geological, hydro-geological conditions of the construction site; a brief description and justification of architectural and construction solutions for the main buildings and structures; substantiation of fundamental decisions to reduce industrial noise and vibration, household, 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 project documentation "Information on engineering equipment, on engineering networks, a list of engineering and technical measures, 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 signaling, radio and television, fire fighting devices and lightning protection, etc.; dispatching and automation of engineering systems management; main drawings: schematic diagrams of heat supply, electricity supply, gas supply, water supply and sewerage, etc.; plans and profiles engineering networks; drawings of the main structures; plans and diagrams of intrashop heating and ventilation devices, power supply and electrical equipment, radio and signaling, automation 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-intensiveness) of manufacturing products, mechanization and automation technological processes; composition and justification of the equipment used, including imported ones; solutions for the use of low-waste and waste-free technological processes and industries, reuse of heat and captured chemicals; the number of jobs and their equipment at production facilities; data on the amount and composition of harmful emissions into the atmosphere and discharges into water sources (for individual workshops, industries, structures); technical solutions to prevent (reduce) emissions and discharges of harmful substances into environment; assessment of the possibility of emergency situations and solutions to prevent them; type, composition and volume of production waste to be disposed of and buried; fuel and energy and material balances of technological processes; the need for basic types of resources for technological needs, etc.
The section of the design documentation "Project for organizing the construction of capital construction facilities" should be developed taking into account the conditions and requirements set forth in the contract for the design work, and the available data on the construction services market. Previously, the specified section was to be developed in accordance with SNiP 3.01.01-85 "Organization of construction production" (approved by the Decree of the USSR Gosstroy of September 2, 1985 N 140; as amended of December 11, 1986 N 48 and amended by the Ministry of Construction Russia of February 6, 1995 N 18-8) . However, these SNiPs were canceled, and from January 1, 2005, by the Decree of the Gosstroy of Russia dated April 19, 2004 N 70, they were approved for the use of SNiP "Organization of Construction", 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. No. 3.
The section of the project documentation "List of measures for environmental protection" must be carried out in accordance with the requirements of federal laws, state standards, building codes and rules, regulations of the Ministry of Natural Resources of Russia and other regulations governing environmental activities. According to the Federal Law of January 10, 2002 N 7-ФЗ “On Environmental Protection”, when designing buildings, structures, structures and other objects, there must be: measures for protecting the environment, restoring the natural environment, rational use and reproduction of natural resources, ensuring environmental safety; the standards of permissible anthropogenic load on the environment are taken into account; measures are provided for the prevention and elimination of environmental pollution, as well as ways to dispose of production and consumption waste; resource-saving, low-waste, non-waste and other best existing technologies that contribute to environmental protection, rational use and reproduction of natural resources have been applied (Articles 34, 36). When designing and building thermal power plants, provision should be made for equipping them with highly efficient means for cleaning emissions and discharges of pollutants, using environmentally friendly fuels and safe disposal of production waste (Article 40); when designing ameliorative systems, measures should be taken to ensure the water management balance and economical use of water, protect land, soil, forests and other vegetation, animals and other organisms, as well as prevent other negative impacts on the environment (Article 43); when designing oil refinery facilities, effective measures should be provided for the treatment and neutralization of production waste and the collection of petroleum (associated) gas and mineralized water, the reclamation of disturbed and polluted lands, and the reduction of the negative impact on the environment (Article 46). Article 50 of the Federal Law of December 20, 2004 N 166-FZ "On Fishing 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 should 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 atmospheric air quality, measures to reduce emissions of harmful (polluting) substances should be provided 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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SZ RF. 2002. N 2. Art. 133.
SZ RF. 2004. N 52 (part 1). Art. 5270.
SZ RF. 1999. N 18. Art. 2222.
The section of the project documentation "Estimates for the construction, reconstruction, overhaul of the facility" is provided for determining estimated cost construction, reconstruction, overhaul of enterprises, buildings and structures and should contain: summary estimates the cost of construction (reconstruction or capital construction) and, if necessary, a summary of costs (in the case when capital investments are provided for from different sources financing); object and local budget calculations; estimates for certain types of costs (including project and survey work). At the same time, the cost of construction (reconstruction or capital construction) in the estimate for the construction of the customer’s facility is recommended to be given in two price levels: at the base (constant) level, determined on the basis of existing estimated norms and prices, and in the current or forecast level, determined on the basis of prices prevailing at the time of drawing up estimates or forecasted by the period of construction. The composition of the estimate for the construction (reconstruction or capital construction) of the object of construction projects also includes an explanatory note, which provides data characterizing the applied estimate-normative (regulatory-information) base, the price level and other information that distinguishes the conditions of this construction.
When drawing up estimates for the construction, reconstruction, overhaul of an object, as a rule, a 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 vehicles, materials and structures) and current (forecast) prices for these resources. In the summary estimate calculation, 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 funded capital investments financed from the budget of the Russian Federation, the size 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 factors, benefits, compensations, etc., by decisions of the Government of the Russian Federation, should be included in the summary estimate calculation in a separate line, followed by a change in the final indicators of the cost of construction (reconstruction or major repairs) and approval clarifications made by the authority that approved the project documentation.
Collections of State elemental estimated norms for general construction work (GESN-2001) were approved by the Decree of the Gosstroy of Russia dated October 11, 2000 N 102.
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Rationing in construction and housing and communal services. 2000. No. 5.
As noted above, the section "Estimates for the construction, reconstruction, overhaul of the facility" is developed only as part of the design documentation for facilities financed from the relevant budgets.
The section of the design documentation "List of measures for civil defense, measures for the prevention of natural and man-made emergencies" must be carried out in accordance with the rules and regulations in the field civil defense, protection of the population and territories from natural and man-made emergencies. Thus, the Order of the Ministry of Emergency Situations of the Russian Federation of February 28, 2003 N 105 approved the Requirements for the Prevention of Emergency Situations at Potentially Dangerous and Life Support Facilities.
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RG. No. 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 facilities, education, culture, recreation, sports and other social, cultural and household facilities, transport, trade, public catering, business, administrative, financial facilities. , religious purposes, housing stock objects. 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 the adaptation of 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 the requirements for accessibility for the disabled to objects social infrastructure RDS 35-201-99 approved by the Decree of the Gosstroy of Russia and the Ministry of Labor of Russia dated December 22, 1999 N 74/51. The specified section of the project documentation should also be developed taking into account the Code of Rules “Requirements for the accessibility of public buildings and structures for the disabled and other visitors with limited mobility” (approved by the Decree of the Gosstroy of Russia dated November 29, 1999 N 73).
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SZ RF. 1995. N 48. Art. 4563.
Rationing in construction and housing and communal services. 2000. N 3.
Building Engineering Bulletin. 2000. No. 1.
The list of civil defense measures, measures to prevent natural and man-made emergencies in the preparation of project documentation should 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 civil defense and measures to prevent emergency situations when drawing up a petition for the intention to invest in construction and justification of investments in the construction of enterprises, buildings and structures ”(SP 11-113-2002), approved. Order of the Ministry of Emergency Situations of the Russian Federation of July 23, 2002 N 357.
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Rationing, standardization and certification in construction. 2002. No. 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 the Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection", projects for the deployment of nuclear installations, including nuclear power plants, must contain solutions that 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 declaration of safety of a hydraulic structure is drawn up, the content and procedure for the development of which 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" provides that as part of the design documentation for the construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility, an industrial safety declaration should be developed , which involves: a comprehensive assessment of the risk of an accident and the threat associated with it; analysis of the sufficiency of the measures taken to prevent accidents, to ensure the readiness of the organization to operate a hazardous production facility in accordance with the requirements of industrial safety, 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 an accident and the amount of damage caused in the event of an accident at a hazardous production facility. The procedure for issuing an industrial safety declaration and the list of information contained in it are approved by the Decree of the Gosgortekhnadzor of Russia dated September 7, 1999 N 66 (as amended on October 27, 2000). In accordance with Decree of the Government of the Russian Federation of 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), the Federal Service for Ecological, Technological and Nuclear Supervision was granted the right establish the obligation to declare 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". According to Art. 36 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" in case of location of objects of cultural heritage on the territory subject to economic development, sections on the provision of preservation of cultural heritage sites.
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SZ RF. 1997. N 30. Art. 3589.
SZ RF. 1997. N 30. Art. 3588.
RG. 1999. Nov 25; Bulletin of normative acts of the federal organs of executive power. 2000. No. 50.
SZ RF. 1999. N 20. Art. 2445; 2005. N 7. Art. 560.
SZ RF. 2002. N 26. Art. 2519.
With regard to the composition of sections of project documentation and their content regarding certain types of capital construction objects, prior to their approval by the Government of the Russian Federation, one should also be guided by departmental regulations, such as the Regulations on the procedure for the development, approval, examination and approval of pre-project, design documentation for capital construction objects, 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 of 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 of January 20, 1999 N 1 / TsZ / 4 "On Order of Design and Construction of Railways 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 in Design, Engineering, Technological and Operational Documentation Affecting the Provision of Nuclear and Radiation Safety”, etc. These regulatory legal acts can be applied only to the extent that they do 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 the state and municipal archives, the storage period for project documentation for capital construction is 20 years.
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SZ RF. 2004. N 43. Art. 4169.
15. Federal Law No. 210-FZ of December 31, 2005 “On Amendments to the Town Planning Code of the Russian Federation” clarifies that when, in the cases provided for by the Civil Code of the Russian Federation, project documentation is subject to state examination before its approval, then the project documentation is approved by the developer or by the customer only if there is a positive conclusion of the state examination of the project documentation (see.
Urban Planning Code of the Russian Federation of December 29, 2004 N 190-FZ With latest changes introduced by Federal Law No. 472-FZ of December 27, 2019.
Foreword
The original text of the Town Planning Code of the Russian Federation (GRK RF) was published in Rossiyskaya Gazeta (N 290, December 30, 2004), Collection of Legislation of the Russian Federation on 01/03/2005, N 1 (part 1).
The procedure for the application of the Civil Code of the Russian Federation is established by the Federal Law of 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, which, since its adoption, has received dozens of amendments.
Urban Planning Code of the Russian Federation- a comprehensive legislative act designed to regulate relations in the areas of:
- territorial planning,
- urban zoning,
- territory planning,
- design and construction of capital construction facilities, their reconstruction, overhaul, as well as the operation of buildings, structures,
- ensuring the safety of construction, operation of buildings, structures, prevention of natural and man-made emergencies and elimination of their consequences,
- acquisition, termination of the right of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects to issue certificates of admission to work on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction projects that affect the safety of capital construction projects,
- creation of artificial land plots and construction of capital construction facilities on such land plots.
GRK RF is the head law in its field of public relations and in accordance with paragraphs. 3, 4 articles 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-governments containing norms regulating relations in the field of urban planning activities cannot contradict the Town Planning Code of the Russian Federation.
Other (adjacent) 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 Forest Code of the Russian Federation, the Federal Law "On the sanitary and epidemiological well-being of the population" and other laws. Relations related to urban planning include, first of all, land relations regulated by the Land Code of the Russian Federation.
URBAN PLANNING CODE OF THE RUSSIAN FEDERATION
Chapter 1. General Provisions
Chapter 2. Powers of state bodies
authorities of the Russian Federation, state authorities
authorities of the constituent entities of the Russian Federation, local authorities
self-government in the field of urban planning
Chapter 2.1. Pricing and estimate rationing
in the field of urban planning,
federal register of estimated standards
Chapter 3. Territorial planning
Chapter 4. Urban zoning
Chapter 5
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 objects
Chapter 6.1. Self-regulation in the field of engineering
surveys, architectural and construction design,
construction, reconstruction, overhaul,
demolition of capital construction projects
Chapter 6.2. Operation of buildings, 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
about urban planning
Chapter 9
activities in the constituent entities of the Russian Federation - cities
federal significance Moscow, St. Petersburg and Sevastopol
The president
Russian Federation
V. PUTIN
For the purposes of this Code, the following basic concepts are used:
1) urban planning activities - activities for the development of territories, including cities and other settlements, carried out in the form of territorial planning, urban zoning, territory planning, architectural and construction design, construction, overhaul, reconstruction, demolition of capital construction objects, operation of buildings, structures, landscaping;
2) territorial planning - planning the development of territories, including for the establishment of functional zones, the determination of the planned placement of objects of federal significance, objects of regional significance, objects of local significance;
3) sustainable development of territories - ensuring safety and favorable conditions for human life during the implementation of urban planning activities, limiting the negative impact of economic and other activities on the environment and ensuring the protection and rational use of natural resources in the interests of present and future generations;
4) zones with special conditions use of territories - protective, sanitary protection zones, zones of protection of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation (hereinafter - cultural heritage objects), protective zones of cultural heritage objects, water protection zones, zones of flooding, flooding, zones of sanitary protection of sources drinking and household water supply, zones of protected objects, aerodrome territory, other zones established in accordance with the legislation of the Russian Federation;
5) functional zones - zones for which the boundaries and functional purpose are defined by territorial planning documents;
6) urban planning zoning - zoning of the territories of municipalities in order to determine territorial zones and establish urban planning regulations;
7) territorial zones - zones for which the boundaries are defined in the rules of land use and development and urban planning regulations are established;
8) rules for land use and development - a document of urban planning zoning, which is approved by the regulatory legal acts of local governments, regulatory legal acts of state authorities of the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg and which establishes territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for amending it;
31) estimated norms - a set of quantitative indicators of materials, products, structures and equipment, labor costs of workers in construction, the operating time of machines and mechanisms (hereinafter referred to as construction resources) established for the accepted unit of measurement, and other costs used in determining the estimated cost of construction ;
32) estimated prices of building resources - consolidated territorially aggregated documented information on the cost of building resources, established by calculation for an accepted unit of measurement and placed in the federal state information system for pricing in construction;
33) estimated standards - estimated standards and methods necessary to determine the estimated cost of construction, the cost of engineering surveys and the preparation of project documentation, as well as the methodology for the development and application of estimated standards;
33.1) enlarged standard construction prices - an indicator of the need for Money ah required to create a unit of power construction products, designed for planning (justifying) investments (capital investments) in capital construction projects;
34) activities for the integrated and sustainable development of the territory - activities carried out in order to ensure the most efficient use of the territory for the preparation and approval of documentation for the planning of the territory for the placement of capital construction facilities for residential, industrial, public and business and other purposes and necessary for the operation of such facilities and provision the life of citizens of objects of communal, transport, social infrastructure, as well as architectural and construction design, construction, reconstruction of the objects specified in this paragraph;
35) element of the planning structure - part of the territory of a settlement, urban district or inter-settlement territory of a municipal district (quarter, microdistrict, district and other similar elements). The types of elements of the planning structure are established by the federal executive body authorized by the Government of the Russian Federation;
36) landscaping - activities for the implementation of a set of measures established by the rules for landscaping municipality aimed at ensuring and improving the comfort of living conditions for citizens, maintaining and improving the sanitary and aesthetic condition of the territory of the municipality, maintaining the territories of settlements and objects located on such territories, including territories common use, land plots, buildings, structures, structures, adjacent territories;
37) adjacent territory - a territory of common use, which is adjacent to a building, structure, structure, land plot if such a land plot is formed, and the boundaries of which are determined by the rules for the improvement of the territory of the municipal formation in accordance with the procedure established by the law of the subject of the Russian Federation;
38) landscaping elements - decorative, technical, planning, structural devices, landscaping elements, various types of equipment and decoration, including facades of buildings, structures, structures, small architectural forms, non-capital non-stationary buildings and structures, information boards and signs used as components of landscaping;
39) an object of individual housing construction - a detached building with the number of above-ground floors of no more than three, no more than twenty meters high, which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building , and is not intended to be divided into independent real estate objects. The concepts of "individual housing construction", "residential building" and "individual residential building" are used in this Code, other federal laws and other regulatory legal acts Russian Federation in one sense, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation. At the same time, the parameters established for the objects of individual housing construction by this Code are equally applied to residential buildings, individual residential houses, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation.
Commentary on Art. 1 GK RF
Recently, many federal laws contain an article with an explanation and interpretation of terms and concepts that are often used in the law. Dozens of concepts are enshrined in the Federal Laws "On Environmental Protection", "On Production and Consumption Waste", "On the Wildlife", in the Water Code of the Russian Federation; and in the Civil, Land, Labor, Criminal Codes, a separate article with basic concepts is not provided - they are disclosed in the very text of these federal laws.
The Town Planning Code of the Russian Federation has chosen a mixed path - a separate article with the main concepts used in the Code, and their development in the course of the presentation of the instructions by listing the constituent documents, disclosing their content, indicating the purposes of introducing this concept and powers, rights and obligations for the preparation of a corresponding set of documents . There is no concept provided for by Art. 1 of the Civil Code of the Russian Federation, which would not have received legal content in subsequent articles of the Civil Code of the Russian Federation.
There are many dictionaries about concepts and terms, teaching aids, encyclopedias and reference books reflecting scientific and practical discussions and the opinions of their authors around the phenomena and objects under discussion, but all of them are advisory, controversial, i.e. optional, character, characterize the directions and parts of public opinion.
The concepts approved by the law, deciphered in its text with the help of prescriptions, become binding on the entire territory of Russia for all law enforcers of all normative acts involved in the regulation of urban development relations.
Second commentary on Article 1 of the Town Planning Code
1. The commented article reveals the content of general (basic) and special terms of urban planning legislation. The list set out in this article cannot be considered exhaustive: other federal laws and by-laws, laws and other regulatory legal acts of the constituent entities of the Russian Federation may contain additional norms-definitions that explain the terminology used in the urban planning sphere.
A number of terms (urban planning activities, urban planning regulations, etc.) have been preserved in the new Civil Code of the Russian Federation in the previous edition provided for by the previous Civil Code of the Russian Federation in 1998, others have undergone certain changes (for example, urban planning zoning, land use and development rules, etc.). Separate terms for the first time received legislative consolidation in the current Civil Code of the Russian Federation (territorial planning, functional zones, territorial zones, capital construction object, construction, reconstruction, engineering surveys, developer, etc.).
Consolidation of the basic urban planning concepts in Art. 1 of the Civil Code of the Russian Federation means their official legislative interpretation, mandatory for the purposes of law enforcement. The terms and concepts legally defined in the text of the Civil Code of the Russian Federation with the help of legal formulas and regulations become binding throughout Russia for all law enforcers in the field of urban planning and related relations. Therefore, each definition is a kind of normative index, with the help of which clarity and accuracy are introduced into the process of applying the norms of urban planning law to specific life circumstances, which allows you to correctly resolve issues and cases in accordance with the law.
Although there are many dictionaries, reference books and encyclopedias that reflect certain scientific and special-practical opinions of their authors, they are advisory, that is, optional, in nature and only testify to the possibilities of different approaches to understanding the studied objects, phenomena and processes.
The content of almost all the terms of the commented article is described in detail (revealed) in subsequent chapters and articles of the GK RF. By themselves, the norms-definitions contained in the commented article operate and are applied in a systemic relationship with other legal norms of the Civil Code of the Russian Federation, which allows you to correctly navigate the current legislation and successfully apply it in practice.
Some of the terms, wordings and other norms that exist in the text of the Civil Code of the Russian Federation receive their consolidation and legal definition (clarification of the meaning and content) in separate articles of other federal laws, in particular, such as the Federal Law "On Architectural Activities in the Russian Federation", the Federal Law " On Production and Consumption Waste”, Federal Law “On Environmental Protection”, Federal Law “On Wildlife”, Federal Law “On Fishing and Conservation of Aquatic Biological Resources”, VK RF, and others regulating town-planning relations in the relevant part. For example, in Art. 2 of the Federal Law "On architectural activity in the Russian Federation" contains definitions of such terms and concepts as "architectural activity", "architectural and planning task", "architectural project", "architectural object", "building permit", literally and semantically related with the terms available in paragraphs 1, 26 of the commented article and other articles of the Civil Code of the Russian Federation. In some codified laws, a kind of “legal content” with the legal meaning of certain terms and concepts related to urban planning is produced in the very text of the regulatory document (in an article, part, paragraph, etc.) - meaning the Civil Code of the Russian Federation, ZK RF, LK RF, ZhK RF, etc.
In Art. 1 of the Civil Code of the Russian Federation, a comprehensive method for determining (clarifying the meaning) and disclosing the content of certain concepts through the designation of goals and objectives, through the enumeration of signs, types (categories), etc., has been chosen. components and characteristics of the described concept, phenomenon or process.
2. The first paragraph reveals the main concept used in the CRC of the Russian Federation - "urban planning activities". This is no coincidence, since it is she who constitutes the main frame (core) of legal relations regulated by urban planning legislation.
The above definition is characterized by the fact that, firstly, urban planning activity is associated with its main goal - the development of the relevant territory; secondly, the main types of this activity are indicated here, most of which are disclosed in the subsequent paragraphs of the commented article and in other articles of the Civil Code of the Russian Federation, as well as in other regulatory legal acts.
Assessing the existing definition, it should be noted that the previous legislation (GRK RF 1998) indicated the subjects of this activity (state bodies, local governments, individuals and legal entities) and spoke of taking into account the interests of citizens, public and state interests, as well as national, historical, cultural, ecological, natural features of territories and settlements.
It should also be noted that the current Civil Code of the Russian Federation does not disclose the very concept of "territory", although the legislator repeatedly operates with it, mentioning it in a number of articles. The above definition only mentions that the territory covered by the concept of urban planning activities includes “cities and other settlements”. Apparently, this is no coincidence, since there is still a peculiar terminological problem in the legislation in this area.
In particular, there is a discrepancy between the terminological series regarding “territory” in the laws on public authorities, on the general principles of organizing local self-government, on administrative-territorial division, on land and land relations, etc. The essence of the problem lies in the fact that in various laws not only the terms "settlement", "municipal formation", "municipal district", "city" and "intra-city territory", "urban district" and "urban district", but also the terms "other settlements", "towns" (urban , workers, etc.), "villages", "villages", "villages" and other "settlements", etc. In addition, there is a legislative concept of “inter-settlement territory”, other types of territory are mentioned, sometimes one of the above formations is located inside the territory of another formation, etc. One way or another, all of them are “tied” to the territory, that is, they are located in a certain territory, have their own territories, which, in turn, are associated with land belonging to one category or another and having one or another purpose. It is well known that under the "territory" it is customary to understand the land space limited by any limits (borders).
The territory as a single spatial unit in accordance with the Civil Code of the Russian Federation acts as an object of territorial planning and zoning. The adoption of territorial planning documents entails certain legal consequences, for example, it is the basis for establishing or changing the boundaries of municipalities. As a result of zoning territories, limited spaces (zones) are established; the norms on zoning of territories in terms of the provisions regulating the procedure for the use and protection of lands act as a way to determine the legal regime of lands and land plots that are part of the territory. Through zoning, special legal regimes are established on lands of various categories; Yes, within the territory settlements legal regimes are established as a result of urban zoning; the institute of zoning will allow to allocate sub-territories (sub-zones) within the boundaries of the territory with special conditions for the use of land plots in their composition.
3. The definition of the concept of "territorial planning" is also focused on the goals of the development of territories, including the establishment of functional zones and the planned placement of objects of federal, regional and local significance on the corresponding territory. Territorial planning is a fundamentally important component of urban development. As a type of urban planning activity, territorial planning, on the one hand, ensures the sustainable development of the territory (the first basic principle of legislation on urban planning - see), and on the other hand, it is carried out in accordance with the documents that are the basis of the ongoing construction (see paragraph 4 of Art. 2 GRK RF).
The procedure for the implementation of territorial planning, preparation and approval of the relevant draft schemes (documents) of territorial planning of the Russian Federation, constituent entities of the Russian Federation and municipalities is quite fully regulated. In addition, separate legal and methodological documents in this area have been adopted and are in force. In particular, this is Decree of the Government of the Russian Federation of March 23, 2008 N 198 “On the procedure for preparing and coordinating the draft territorial planning scheme of the Russian Federation”, Decree of the Government of the Russian Federation of March 24, 2007 N 178 “On approval of the Regulation on the approval of draft territorial planning schemes subjects of the Russian Federation”, Order of the Ministry of Regional Development of Russia dated May 26, 2011 N 244 “On Approval of Methodological Recommendations for the Development of Projects master plans settlements and urban districts.
4. Sustainable development of territories, acting as the main principle of urban planning legislation (clause 1, article 2 of the Civil Code of the Russian Federation), is the main goal and main content of urban planning activities. This definition is characterized by an indication of the goals of the current and prospective nature, which must be ensured in the implementation of urban planning activities. The legalization of such goals (peculiar landmarks) of urban planning activities for the development of territories should ensure:
— safety and favorable conditions for human life;
— ensuring the protection and rational use of natural resources in the interests of people.
The fulfillment of the indicated criteria can become the basis for recognizing the development of the territory as sustainable. At the same time, the sustainable development of territories should be ensured in accordance with the Civil Code of the Russian Federation on the basis of territorial planning (see Chapter 3 of the Civil Code of the Russian Federation) and urban zoning (see Chapter 4 of the Civil Code of the Russian Federation).
Requirements for the sustainable development of a particular territory can be specified and specified in other normative documents. Thus, Decree of the Government of the Russian Federation of August 22, 2008 N 632 “On the Government Commission for the Development of Housing Construction and Evaluation of the Efficiency of the Use of Land Plots Owned by the Russian Federation” establishes that the development of territories involves the development of:
— engineering infrastructure facilities (including communications infrastructure facilities);
— objects of social infrastructure, transport infrastructure;
- production of building materials, products, structures for housing construction, assistance in the creation of industrial parks, technology parks, business incubators to create a favorable environment for human life and society;
— safe and favorable living conditions for all categories of citizens.
5. The concept of "zones with special conditions for the use of the territory" is defined through the enumeration of the main types (categories) of such zones with different legal nature and industry affiliation. In practical terms, zones with special conditions for the use of territories are indicated in general plans, on maps and other documents of territorial planning and planning of the corresponding territory. The above list of zones with special conditions for the use of territories is not exhaustive, therefore, the commented norm contains an indication of the establishment of other similar zones in accordance with the legislation.
The current legislation does not clearly distinguish between the concepts of "zone with special conditions for the use of territories" and "security zone". In Art. 2 of the Federal Law of March 31, 1999 N 69-FZ “On Gas Supply in the Russian Federation”, the security zone of gas supply system facilities is defined as an area with special conditions of use, established along the gas pipeline route and around other objects of this gas supply system. In this case, the territory, in our opinion, should be understood as a zone with special conditions for the use of territories, which is an undelimited part of the land space within which land plots are not formed. In the event of the formation of a land plot within the boundaries of such a zone, its regime will apply to the entire plot as a whole. However, the land plot can be formed in such a way that only part of it will be located in the protected zone.
Within the boundaries of the land on which it is located dangerous object, security zones can be established by determining the relevant part of the land plot within which the regime provided for the security zone operates; in this case, in accordance with Art. 56 of the Land Code of the Russian Federation, it should be said that restrictions on land rights have been introduced in relation to a land plot.
The zones listed in this paragraph are mentioned and legally characterized in environmental, sanitary and other legislation. Thus, in accordance with the provisions of the Land Code of the Russian Federation (Chapter XVII) and the Federal Law "On Specially Protected Natural Territories" (Article 2, etc.), on lands with special environmental, scientific, historical and cultural, aesthetic, recreational, health and other valuable importance, the regime of specially protected natural areas (SPNA) can be established, such as state natural (including biosphere) reserves, National parks, natural parks, nature reserves, natural monuments, dendrological parks and botanical gardens. On such lands (territories), activities not related to the conservation and study of natural complexes and objects are prohibited. In order to prevent adverse anthropogenic impacts on such reserves, parks and natural monuments, protected zones are created on adjacent land plots and water bodies. Within the boundaries of these buffer zones, activities that have a negative impact on the natural complexes of such territories are prohibited. The boundaries of protected zones should be marked with special information signs. Land plots within the boundaries of security zones are not withdrawn from the owners of land plots, land users, land owners and tenants of land plots and are used by them in compliance with the special legal regime established for these plots (clauses 3 and 4 of article 95 of the Land Code of the Russian Federation).
Sanitary protection zones are established within the framework of state sanitary and epidemiological regulation on the basis of the Federal Law "On the sanitary and epidemiological welfare of the population" and in accordance with sanitary rules. Such zones are established in order to ensure the safety of the population around facilities and industries that are sources of impact on the environment and human health. Their size should ensure that the impact of (biological, chemical and other) pollution on the atmospheric air is reduced to the values established by hygienic standards. This is a kind of protective barrier that ensures the level of safety of the population during operation. dangerous objects in the normal mode, including during the implementation of urban planning activities (for details, see SanPiN 2.2.1 / 2.1.1.1200-03 "Sanitary protection zones and sanitary classification of enterprises, structures and other objects", approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 N 74).
Sanitary protection zones may also be established in accordance with the requirements of other legislation. For example, in accordance with the Federal Law of January 9, 1996 N 3-FZ "On Radiation Safety of the Population", in order to ensure radiation safety, such a zone can be designated as the area around the source of ionizing radiation, where the level of exposure of people under normal operation conditions this source may exceed the established radiation dose limit (Article 1).
Zones of protection of cultural heritage objects are established in accordance with the Federal Law "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" in order to ensure the safety of such objects in their historical environment in the territories adjacent to them. Such zones include: protected zones, building regulation zones and economic activity, zones of protected natural landscape (art. 34, etc.). Regulation of the procedure for the development of projects for zones of protection of cultural heritage objects, as well as requirements for land use regimes and urban planning regulations within the boundaries of these zones is carried out on the basis of the Regulations on the zones of protection of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, approved. Decree of the Government of the Russian Federation of September 12, 2015 N 972.
The establishment of water protection zones is carried out in accordance with the provisions of the RF VK. Such zones are territories that are adjacent to the coastline (boundaries of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion. their waters, as well as the preservation of the habitat of aquatic biological resources and other objects of the animal and plant world (Article 65 of the RF VC). In accordance with the legislation on natural healing resources, health-improving areas and resorts, zones (districts) of sanitary protection of water bodies may also be established, water resources which are natural healing resources (Article 64 of the RF VC). Within the boundaries of water protection zones, prohibitions are established and restrictions are introduced on economic and other activities, which also apply to forests located in these zones (see Article 104 of the RF LC).
The negative impact of waters can be manifested by flooding, flooding, destruction of the banks of water bodies, swamping of certain territories and objects (Article 1 of the RF VC). Currently, along with the implementation of special protective measures in the so-called flood zones, flooding in order to prevent the negative impact of water (flooding, flooding, destruction of the banks of water bodies, waterlogging, etc.) on certain territories and objects (water bodies and river basins, in which, as a result of man-made and natural phenomena, changes occur that pose a threat to human health or life, objects of the animal and plant world, other objects of the environment) in accordance with the legislation in the field of environmental protection and the protection of the population and territories from emergencies can be declared zones of ecological disaster or emergency areas. The boundaries of emergency zones are determined by the heads of emergency situations appointed in accordance with the law on the basis of the classification of emergency situations established by the Government of the Russian Federation, and in agreement with the executive bodies of state power and local governments in whose territories emergency situations have developed (see paragraph 1 of Art. 67 VK RF, Articles 1, 5 and others of the Federal Law “On the Protection of the Population and Territories from Natural and Technogenic Emergencies”). The procedure for declaring and establishing the regime of ecological disaster zones is established, as noted in Art. 57 of the Federal Law "On Environmental Protection", legislation on zones of ecological disaster.
At the same time, these maps display the boundaries and description of functional zones, indicating the objects of federal, regional or local significance planned for placement in them (clause 3, part 5, article 23 of the Civil Code of the Russian Federation).
7. Urban planning zoning of the territories of municipalities (urban and rural settlements, urban districts and municipal districts, etc.) is carried out in order to: 1) determine territorial zones and 2) establish urban planning regulations (see paragraphs 8 and 10 of the commentary to this article) .
Urban planning zoning is regulated in some detail (Art. 30-40). The main document of urban zoning is the rules for land use and development (see paragraph 9 of the commentary to this article). The content, procedure for preparing and approving the rules for land use and development are defined in Art. Art. 30 - 33 GrK RF.
8. In paragraph 7 of this article, it is determined that territorial zones are characterized by the presence of boundaries and urban planning regulations, which are defined and established for each of them, respectively, in the rules for land use and development (see paragraph 9 of the commentary to this article).
Types and composition of territorial zones, the procedure for their establishment are determined by Art. and , which are to be applied in system communication with .
9. In paragraph 9 of the commented article, both essential and formal features of the rules for land use and development are defined as the main document used in the urban zoning system.
First of all, it is indicated that this is an urban planning zoning document (see paragraph 7 of the commentary to this article), which establishes territorial zones (see paragraph 8 of the commentary to this article) and urban planning regulations (see paragraph 10 of the commentary to this article). article), as well as the procedure for applying such a document and the procedure for amending it.
Further, it is important to note that this is a document containing legal norms, since it is approved by a regulatory legal act of a local government body (for the corresponding city, rural settlement or municipality), or a similar legal act of a public authority of a constituent entity of the Russian Federation (for the city of Moscow and St. Petersburg). In more detail, these and other issues related to the content, procedure for preparing and approving the rules for land use and development, making changes to them, are regulated by the norms of Chapter 4 of the Civil Code of the Russian Federation (Articles 30-33).
The boundaries of the formed territorial zones are determined directly in the urban zoning map, which is an integral part of the land use and development rules.
The basic rules that determine the status, procedure for the preparation, adoption and entry into force of municipal legal acts are established by Art. Art. 7, 43 - 48 of the Federal Law "On the general principles of the organization of local self-government in the Russian Federation." In order to comply with legal requirements, more detailed and specific rules have been developed and are in force in each municipality. It is important to add that, as a normative legal act, the rules for land use and development are subject to official publication (promulgation) in the prescribed manner.
10. In paragraph 9 of this article, the content of the urban planning regulations is determined in strict accordance with and. As a legal document, the urban planning regulation, which is an integral part of the rules for land use and development, determines the legal regime of land plots, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction projects.
The legal description of the urban planning regulations (including the limits of its validity) is given, first of all, in Art. 36, as well as Art. Art. 39 - 40 GrK RF.
11. In paragraph 10 of the commented article, defining the generic concept of “capital construction object”, the legislator, on the one hand, names four types of objects that are among them (buildings, structures, structures, objects of construction in progress), and on the other hand - lists objects that are not such (temporary buildings, kiosks, sheds and other similar buildings).
All of these objects are the subjects of urban planning and other relations (including the subjects of construction contracts) (see, art. 702, and others of the Civil Code of the Russian Federation). The legal characteristics of these capital construction projects are given in other regulatory legal acts. A list of especially dangerous, technically complex and unique objects is given in.
A building is a type of architectural and construction objects designed to create conditions for people to stay for permanent or temporary residence or to create conditions for work, socio-cultural and other services to the population, as well as storage material assets. From the point of view of construction criteria, it is an architectural and construction building (structure), consisting of load-bearing and enclosing or combined structures, forming a ground-based closed volume intended for the stay or residence of people and for performing various production processes.
According to Art. 2 of the Technical Regulation on the Safety of Buildings and Structures dated December 30, 2009 N 384-FZ, a building is the result of construction, which is a three-dimensional building system having an above-ground and (or) underground part, including premises, engineering networks and engineering support systems and intended for human habitation and (or) activity, production location, product storage or animal keeping. The named three main elements (subsystems) of the building are characterized in the same article of the above Law:
- a room is a part of the volume of a building or structure that has a specific purpose and is limited building structures;
- engineering and technical support network - a set of pipelines, communications and other structures intended for engineering and technical support of buildings and structures;
- the engineering and technical support system is designed to perform the functions of water supply, sewerage, heating, ventilation, air conditioning, gas supply, power supply, communications, informatization, dispatching, waste disposal, vertical transport (elevators, escalators) or security functions.
It is generally recognized that buildings are subdivided according to intended purpose for: residential (residential building of a permanent type with a long service life) and non-residential buildings(intended for use in production, trade, cultural and educational and other purposes). Residential building, as indicated in Part 2 of Art. 16 of the Housing Code of the Russian Federation, is an individually defined building, which consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building. Residential buildings are multi-unit. According to the criteria of the Housing Code of the Russian Federation, it is an individual residential building that belongs to residential premises (the most important category in housing law) along with a part of a residential building, an apartment (part of an apartment) in an apartment building, a room (Article 16 of the Housing Code of the Russian Federation).
Buildings are also subdivided into main (dominant in terms of capital construction, architectural features and their purpose) and service buildings (they are of secondary importance in relation to the main building). Service buildings, as a rule, are of a non-capital type.
There is no definition of the concept of "structure" in the Technical Regulations on the Safety of Buildings and Structures dated December 30, 2009 N 384-FZ. There is only the definition of "building structure", considered as a part of a building or structure that performs certain load-bearing, enclosing and (or) aesthetic functions. A building is a generic legal category denoting a set of capital architectural and construction objects, including buildings, structures, construction in progress and their varieties. In this sense, the building can be considered a synonym for the concept of "capital construction object". At the same time, there may be buildings of a non-permanent type. So, in relation to accounting for the housing stock, buildings are understood as a separately constructed building, a house consisting of one or more parts, as a whole, as well as service buildings: sheds, garages for individual use, sheds, yard cellars, etc. (See the Instruction on accounting for the housing stock in the Russian Federation, approved by Order of the Ministry of Land Construction of the Russian Federation of August 4, 1998 N 37).
Construction - one of the types of engineering and construction objects, the purpose of which is to create the conditions necessary for the implementation of the production process by performing certain technical functions that are not related to changing the object of labor, or for the implementation of various non-production functions. An object acting as a structure is any stand-alone structure with all the devices that make up one whole with it. The facilities include, among other things, hydraulic, transport, pipeline and other linear facilities that have an industrial and (or) social purpose. In Art. 2 of the Technical Regulation on the Safety of Buildings and Structures dated December 30, 2009 N 384-FZ, it is determined that a structure is a result of construction, which is a three-dimensional, planar or linear building system that has ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and designed to perform production processes different kind, storage of products, temporary stay of people, movement of people and goods.
Identification of buildings and structures is carried out according to the features listed in Art. 4 of the Technical Regulations on the safety of buildings and structures dated December 30, 2009 N 384-FZ: 1) appointment; 2) belonging to transport infrastructure facilities and other facilities, the functional and technological features of which affect their safety; 3) the possibility of hazardous natural processes and phenomena and man-made impacts on the territory where the construction, reconstruction and operation of a building or structure will be carried out; 4) belonging to hazardous production facilities; 5) fire and explosion hazard; 6) availability of premises with permanent residence of people; 7) the level of responsibility. The Civil Code of the Russian Federation defines the legal regime for capital construction objects of federal, regional and local significance (see paragraph 20 of the commentary to this article), it also refers to objects located in inter-settlement territories (see etc.), about objects intended for state and municipal needs (see), about objects connected and not connected to engineering networks (see), etc.
The concept of “construction in progress” is not clearly defined by the legislation. At the same time, for example, methodological recommendations on accounting of investments made in the form of capital investments in agricultural organizations, approved. The Ministry of Agriculture of the Russian Federation on October 22, 2008, contains a fairly complete and specific definition: objects in construction in progress include objects:
- the construction of which is ongoing;
- the construction of which has been suspended, mothballed or finally terminated, but not decommissioned in the prescribed manner;
- in operation, for which acceptance certificates have not yet been issued in the prescribed manner.
For a correct understanding of what an object under construction is, it is important to take into account the legal position developed in the Decree of the Plenum of the RF Armed Forces dated June 23, 2015 N 25 “On the application by the courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”, namely: the issue of recognizing an object legally under construction as an immovable thing (an object of construction in progress), it is necessary to establish that it has at least fully completed the construction of the foundation or similar work (clause 1, article 130 of the Civil Code of the Russian Federation); paving of a land plot that does not meet the characteristics of a structure is part of it and cannot be recognized as an independent immovable thing (clause 1, article 133 of the Civil Code of the Russian Federation).
Thus, an object of construction in progress is a newly created (at least partially erected) individually defined real estate object, construction in progress (where work is suspended or ongoing) and (or) not put on cadastral or other records and not registered in the prescribed manner ( works have been stopped or the object is mothballed or actually operated).
12. In paragraph 10.1 of the commented Article 1 of the Town Planning Code of the Russian Federation, the legislator defined the concept of "linear objects" by listing the main types of such objects - these are power lines, communication lines (including linear cable structures), pipelines, car roads, railway lines and other similar structures.
The main types (categories) of linear facilities are listed in the commented paragraph of this article of the Civil Code of the Russian Federation. They are called in other legislation. So, in paragraph 6 of part 1 of Art. 7 of the Federal Law "On the transfer of land or land plots from one category to another" provides a slightly more expanded list of types (categories) of linear objects, in connection with which it is allowed in exceptional cases to transfer agricultural land to another category: here, in particular, it refers to roads , and also called oil pipelines, gas pipelines, other pipelines.
Subject to the provisions of Art. 133.1 of the Civil Code of the Russian Federation of conditions, a linear object can be recognized as a single immovable complex, which is subject to the legal regime of real estate and indivisible things.
13. The red lines in paragraph 11 of this article are determined by indicating the existing or planned (changeable, newly formed) boundaries of the territories of common use and (or) the boundaries of the territories (land plots) on which linear objects are located (or which are intended to accommodate them) . The concepts of “linear objects” (power lines, communication lines, pipelines, roads, railway lines, etc.) and “common areas” (squares, streets, driveways, embankments, squares, etc.) are discussed in more detail in paragraph paragraphs 12 and 14 to this article.
The purpose of the red lines is to delimit common areas or land plots with vital linear objects located on them from other territorial zones, zones with special conditions for the use of territories, etc. In SP 42.13330.2011 “Urban planning. Planning and development of urban and rural settlements. Updated edition of SNiP 2.07.01-89, approved. Order of the Ministry of Regional Development of Russia dated December 28, 2010 N 820 (Appendix B), stipulates that the red line is the border separating the territory of the quarter, microdistrict and other elements of the planning structure from streets, roads, driveways, squares, as well as other public lands in urban and rural areas.
The necessity and procedure for using red lines in certain circumstances are determined by a number of articles of the commented Civil Code of the Russian Federation, the norms of land and housing legislation. For example, the Civil Code of the Russian Federation provides for the establishment of the boundaries of territorial zones, taking into account the red lines (clause 2, part 2, article 34); inclusion of red lines in the territory planning project (subclause “a”, clause 1, part 3, article 42); displaying red lines in drawings of land surveying in order to determine the location of the permissible placement of buildings, structures, structures (clauses 1 and 2 of part 5 of article 43), etc.
In addition, there is and operates an Instruction on the procedure for designing and establishing red lines in cities and other settlements of the Russian Federation (RDS 30-201-98), approved. Decree of the Gosstroy of Russia of April 6, 1998 N 18-30. By virtue of clause 3.4 of this Instruction, red lines are mandatory for all subjects of urban planning activities involved in the design process and subsequent development and development of the territories of cities and other settlements. Compliance with the red lines is also mandatory when surveying and inventorying built-up or land to be built up within the boundaries of a city or other settlement, when citizens and legal entities draw up documents for the right of ownership, possession, use and disposal of land plots and other real estate, their state registration.
The types of objects of regional significance to be displayed on the territorial planning scheme are determined by the law of the constituent entity of the Russian Federation in such areas as: transport (railway, water, air), roads of regional or intermunicipal significance; prevention of emergency situations of intermunicipal and regional nature, natural disasters, epidemics and elimination of their consequences; education; healthcare; physical culture and sports, as well as other areas in accordance with the powers of the subjects of the Russian Federation ().
The types of objects of local importance to be displayed on the territorial planning scheme are also determined by the law of the constituent entity of the Russian Federation in the areas of: electricity and gas supply of settlements (additionally heat and water supply, sanitation - for the urban district); motor roads of local importance; education; healthcare; physical Culture and sport; processing, disposal, neutralization, disposal of municipal solid waste, as well as other areas in connection with the resolution of local issues (clause 1, part 3, article 19, clause 1, part 5, article 23 of the Civil Code of the Russian Federation).
22. In paragraph 21 of this article, the concept of "parking (parking space)" is officially defined. In the definition, firstly, the parking space (parking) itself is briefly but clearly characterized - this is a specially designated and, if necessary, equipped and equipped place, which is, among other things, part of the highway and (or) adjacent to the carriageway and (or) sidewalk , roadside, overpass or bridge, secondly, its purpose is indicated - for organized parking Vehicle, thirdly, it is indicated that a parking space can be used for parking both on a paid basis and without charging a fee by decision of the owner or other owner of the highway, the owner of the land plot.
In SP 42.13330.2011 “Urban planning. Planning and development of urban and rural settlements. Updated edition of SNiP 2.07.01-89, approved. By order of the Ministry of Regional Development of Russia dated December 28, 2010 N 820 (Appendix B), it is determined that parking is a temporary stay in parking lots vehicles belonging to visitors of objects of various functional purpose, and car parks are open areas designed to store or park cars. Parking lots for storage can be equipped with sheds, light box fencing, viewing platforms. Parking lots can be arranged off-street (including in the form of pockets when the roadway is widened) or street (on the roadway, marked with markings).
In another joint venture 113.13330.2012 “Car parking. Updated edition of SNiP 21-02-99, approved. By order of the Ministry of Regional Development of Russia of December 29, 2011 N 635/9, (clause 3.1), a car park (parking, parking, parking, garage, parking garage) qualifies as a building, structure (part of a building, structure) or a special open area, intended for storage (parking) of cars and other motor vehicles (motorcycles, scooters, motorized carriages, mopeds, scooters, etc.).
In the same SP 113.13330.2012, the following parking lots are distinguished: built-in, built-in-attached, free-standing, attached, underground; ground closed type; open type; modular prefabricated; floating (landing stage); mechanized; semi-mechanized; lined, etc.
The Civil Code of the Russian Federation (clause 3, part 5, article 42) prescribes that the materials on the justification of the territory planning project contain in graphic form a diagram of the organization of the street and road network, which could include not only the scheme of traffic in the relevant territory, but also the scheme placement of parking lots (parking spaces).
The creation (construction) and equipment of parking lots (parking spaces) near roads and in settlements helps to strengthen discipline among drivers, maintain cleanliness on roads, and ensure the safety of cars.
The need to optimize the organization of traffic in conditions of its intensity, to prevent violations of traffic rules, prompted the legislative and executive authorities to include a similar definition in the Rules of the Road (clause 1.2), approved by the Decree of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090, and the Federal Law of December 10, 1995 N 196-FZ "On Road Safety".
23. Paragraph 22 of this article determines who is the technical customer. As the definition makes clear, this is a legal entity that is authorized by the developer (or acts on behalf of the developer) and performs the following functions:
———————————
This clause, as amended, enters into force on July 1, 2017 - see Federal Law No. 372-FZ of July 3, 2016.
– concludes agreements on the performance of engineering surveys, on the preparation of project documentation, on the construction, reconstruction, overhaul of capital construction facilities, prepares assignments for the performance of these types of work;
- provides persons performing engineering surveys and (or) preparing project documentation, construction, reconstruction, overhaul of capital construction facilities with materials and documents necessary to perform these types of work;
- approves project documentation;
– signs the documents necessary to obtain permission to put the capital construction object into operation;
— performs other functions stipulated by the legislation on urban planning activities.
According to the law, a legal entity that performs the functions of a technical customer (with the exception of a state or municipal or other, but with a predominant state or municipal participation in its authorized capital), must be a member of the GrSRO (see part 2.1 of article 47, part 4.1 of art. 48, part 2.2 of article 52 of the Civil Code of the Russian Federation).
24. Paragraph 23 provides a definition of the concept “program for the integrated development of communal infrastructure systems of a settlement, urban district” (on the communal infrastructure system as such, see paragraph 25 of the commentary to this article). Here we are talking (in relation to a settlement and an urban district) about documents establishing lists of measures for the design, construction, reconstruction of electric, gas, heat, water supply and sanitation systems, as well as objects used for processing, recycling, neutralization and disposal municipal solid waste that make up the system of communal infrastructure as a whole. Such documents are provided for, respectively, by the schemes and programs for the development of a single national (all-Russian) electric grid for a long-term period, general scheme placement of electric power facilities, federal program gasification, relevant interregional, regional gasification programs, heat supply schemes, water supply and sanitation schemes, as well as territorial schemes in the field of waste management, including municipal solid waste.
In settlements (urban and rural) and urban districts, programs for the integrated development of communal infrastructure systems are approved by local governments of the corresponding settlement, urban district. The basis for their development is the master plans of such settlements, urban districts. The main requirement for such programs is that they can provide a balanced, forward-looking development of utility infrastructure systems in accordance with the needs for the construction of capital construction projects and adequate reliability, energy efficiency of these systems, reducing the negative impact on the environment and human health and improving the quality of goods supplied to consumers, services provided in the areas of electricity, gas, heat, water supply and sanitation, as well as services for the processing, recycling, neutralization and disposal of solid utilities waste.
Regional programs for the modernization of communal infrastructure systems include, as noted in Part 2 of Art. 16.1 of the Federal Law "On the Fund for Assistance to the Reform of the Housing and Communal Services", regional programs implemented in the areas of:
- water supply (in terms of construction and (or) reconstruction of engineering networks and structures intended for water treatment, transportation and supply of drinking and (or) technical water to subscribers);
- water disposal (in terms of construction and (or) reconstruction of engineering networks and structures intended for receiving, cleaning, transporting and handling sludge Wastewater);
— handling of solid municipal waste (in terms of construction and (or) reconstruction of engineering structures and their complexes intended for the disposal, processing, neutralization and disposal of solid municipal waste);
- heat supply (in terms of construction and (or) reconstruction of heat networks or sources of heat energy with an installed capacity of up to 25 megawatts);
— power supply (in terms of construction and (or) reconstruction of power grid facilities or power supply sources with an installed capacity of up to 25 megawatts, located in areas Far North and equivalent areas in Siberia and the Far East).
25. From the definition given in paragraph 24 of the commented article 1 of the Town Planning Code of the Russian Federation, it follows that the system of communal infrastructure is, firstly, a complex of technologically interconnected objects and engineering structures, and secondly, interconnected objects and engineering structures, intended for the supply of goods and the provision of services in the areas of electricity, gas, heat, water supply and sanitation to the points of connection (technological connection) to the relevant engineering systems capital construction projects within the boundaries, as a rule, of the territories of the respective municipalities (urban and rural settlements, urban districts). In addition, an integral part of this system are objects that are used for processing, recycling, neutralization, disposal of municipal solid waste in accordance with the Federal Law "On Production and Consumption Waste".
The institutional elements of the communal infrastructure system are objects of capital construction (reconstruction, repair) in the field of urban planning (these are buildings, structures, structures), and the main functional elements of this system are power supply, gas supply, heat supply, water supply and sanitation, as well as processing, disposal , neutralization, burial of municipal solid waste.
26. In paragraph 25 of the commented article, in relation to urban planning legislation, a legal description of the concept of “transport hub” (THU) is given. First of all, in the norm-definition, the institutional composition of this concept is indicated - it is a complex of objects real estate, occupying a certain territory - a land plot or several land plots with transport infrastructure facilities located on them, above or below them, as well as other objects. Further, the functional purpose of these objects is determined - they should serve to ensure safe and comfortable passenger service at the places of their transfers from one type of transport to another.
In other words, a transport interchange hub is a kind of passenger complex that performs the functions of redistributing passenger flows between modes of transport and directions of movement. Usually, a transport interchange hub is formed (built) in large cities under the guidance of regional or local authorities in order to optimize the transportation process (see, for example, Decree of the Government of Moscow of September 6, 2011 N 413-PP “On the formation of transport interchange nodes in the city of Moscow). As practice shows, a transport interchange hub may include: boarding terminals, intercepting parking lots, taxi ranks, etc.
27. Paragraph 26 defines the concept of "urban planning standards", which are characterized by the following features:
1) this is a set of calculated indicators of two types:
a) the minimum allowable level of provision of the population of the constituent entities of the Russian Federation and municipalities with objects of regional significance (in the areas: transport (railway, water, air), roads of regional or intermunicipal significance; prevention of emergency situations of intermunicipal and regional nature, natural disasters, epidemics and their elimination consequences, education, health care, physical culture and sports, etc. - part 3 of article 14 of the Civil Code of the Russian Federation, part 1 of article 29.2 of the Civil Code of the Russian Federation) and objects of local importance (in the areas: electricity and gas supply to settlements (additionally heat and water supply, sanitation - for the urban district); local roads; education; health care; physical culture and sports; processing, disposal, neutralization, disposal of solid municipal waste, as well as other areas in connection with the resolution of issues of local importance - paragraph 1 of the hour 3 article 19, paragraph 1 part 5 article 23, );
b) the maximum allowable level of territorial accessibility of such objects for the population of the constituent entities of the Russian Federation, municipalities (for objects of regional and local significance, see clause 21 of the commentary to this article);
2) calculated indicators established in order to ensure favorable conditions for human life.
With the obligatory consideration of these standards, drafts of a territorial planning scheme for a constituent entity of the Russian Federation (see part 1.1 of article 15 of the Civil Code of the Russian Federation), a scheme of a municipal district (see), a draft master plan for a settlement and an urban district (see part 3 of article 24 GRK RF). Therefore, it is natural that the standards of urban planning are defined in a somewhat different way (than in the Civil Code of the Russian Federation) in the Guidelines for the development of draft master plans for settlements and urban districts. Such standards are a set of standards for the development of territorial planning documents, urban zoning and territory planning documentation. They include standards for ensuring safety and favorable conditions for human life (including social and domestic facilities, accessibility of such facilities for the population (including the disabled), engineering infrastructure facilities, landscaping), providing for qualitative and quantitative requirements for the placement of capital construction projects , territorial and functional zones in order to prevent harm to the life and health of individuals, property of individuals and legal entities, state and municipal property, the environment, cultural heritage sites, etc.
Urban design standards are approved by the executive body of state power of the subject of the Russian Federation (regional standards) and the representative body of local government (local standards). Urban design standards are divided into regional and local, which, in turn, include similar standards for the municipal district, settlement and urban district. In more detail and more specifically, the content of urban design standards, the procedure for their preparation and approval are regulated by the norms of Chapter 3.2 (Articles 29.1 - 29.4) of the Civil Code of the Russian Federation.
28. In paragraphs 27, 28 of the commented article, the concepts of the integrated development of transport infrastructure and social infrastructure are defined in relation to the settlement and urban district:
1) in both cases, these are documents establishing lists of measures for the design, construction, reconstruction of objects of local transport and social infrastructure, respectively (which are also provided for by state and municipal programs, the strategy for the socio-economic development of the municipality and the action plan for the implementation strategies for the socio-economic development of the municipality, the plan and program for the integrated socio-economic development of the municipality);
2) in both cases, such integrated development programs are developed and approved by the local self-government bodies of the settlement, urban district on the basis of the master plans of the settlement, urban district;
3) both programs should ensure a balanced, long-term development of the transport and social infrastructure of the settlement, urban district, respectively, taking into account the needs for the construction of relevant facilities.
With regard to the programs for the integrated development of the transport infrastructure of a settlement or urban district, a slight difference lies in the fact that the corresponding lists of measures for its development may also be provided for by investment programs of subjects of natural monopolies in the field of transport.
The relevant areas (spheres) of the infrastructure of settlements and urban districts (transport, roads, educational facilities, health care, etc.) make up a significant part of the content of master plans for settlements, urban districts, including maps of the planned location of objects of local importance, maps of functional zones and etc. (see parts 3 and 5 of article 23 of the Civil Code of the Russian Federation). In other words, these programs for the integrated development of transport and social infrastructure in the form of a separate document are a kind of continuation (application) of the master plans of settlements and urban districts.
29. Paragraph 29 of the commented article, which defines the concept of "parking place", was introduced into the Civil Code of the Russian Federation by the Federal Law of July 3, 2016 N 315-FZ "On Amendments to Part One of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation". Until recently, such a concept was absent in the current legislation. This short story put a kind of end to legal disputes over the legal regime of this object. In the above definition, it is noted that a parking space is intended solely for the placement of a vehicle. Main feature of this object is that it is an individually defined part of a building or structure, which is not limited or partially limited by a building or other enclosing structure. From the content of the above definition, an unambiguous conclusion follows that a parking space refers to immovable things (as part of a non-residential premises).
Simultaneously with the appearance of this definition, an additional norm appeared in Art. 130 of the Civil Code of the Russian Federation, which states that real estate includes residential and non-residential premises, as well as parts of buildings or structures intended for the placement of vehicles (parking spaces), if the boundaries of such premises, parts of buildings or structures are described in the established legislation on state cadastral registration order.
Thus, if the boundaries of the parking space are described in accordance with the legislation on state cadastral registration (that is, the object is put on cadastral registration), then it can be formalized in accordance with the established procedure in ownership as an object of real estate.
Prior to the establishment of a clear legal regime for parking spaces, there was conflicting practice (including judicial) regarding the legal fate of this facility. In some cases, a parking space was recognized as an independent real estate object, in other cases it was not, since it was not limited to building structures (for example, according to SP 113.13330.2012 "Parking lots. Updated version of SNiP 21-02-99", approved by Order Ministry of Regional Development of Russia dated December 29, 2011 N 635/9, in parking lots, as a rule, separation of parking spaces by partitions into separate boxes was not allowed) and did not represent a separate non-residential premises, which excluded the possibility of an inventory of the object of accounting and preparation of accounting and technical documentation for state registration of rights to a parking space.
30. Paragraph 30 of the commented article presents a new definition of “estimated cost of construction, reconstruction, overhaul”. Legally, this concept is defined quite simply, such a cost is just the amount of money necessary for the construction, reconstruction, and overhaul of capital construction projects. It is more difficult to answer the question about the amount of the estimated cost of construction (reconstruction, overhaul), since it is determined in accordance with the estimated standards (these are estimated standards and methods for applying estimated standards and estimated prices of building resources), which are mentioned in paragraph 31 - 33 comments to this article.
In practice, the estimated cost of construction is initially determined in a document called an estimate. Consolidated, local, object and other estimates are allocated. The estimate calculates the amount of construction costs, itemized by expense items (purchase of building materials and components, wage, taxes and other mandatory deductions, business expenses, etc.).
Estimates are precisely developed in order to determine the amount of funds (ie, estimated cost) needed to finance the capital construction of buildings, structures, structures. The estimated cost is the basis for determining the size of capital investments, construction investments, construction financing.
The estimate, along with the technical documentation (determining the scope, content of the work being done, etc.), is an obligatory part of the construction contract (see art. 709, 740, 743 - 746 of the Civil Code of the Russian Federation).
The estimated cost of construction and installation works is divided into three main parts: direct costs, overhead costs and estimated profit (planned savings). In accordance with Art. 318 of the Tax Code of the Russian Federation, the costs of production are divided into direct and indirect costs. Direct costs include material costs Construction Materials, products and designs, construction machines and equipment, transportation costs and labor costs for workers. TO indirect costs includes all other amounts of expenses necessary for the normal construction process, justified by calculations and used to generate income from statutory activities organizations. Indirect costs of the contractor in construction include overhead costs that determine the costs of managing the construction organization and other costs of the contractor as limited by law (payments for mandatory and voluntary insurance, expenses for the mobile nature of work, rotational construction, etc.), and not limited (the cost intangible assets, payments on bank loans, etc.). In addition to direct and indirect costs, estimates for contract construction provide for the necessary remuneration of the contractor (Article 709 of the Civil Code of the Russian Federation) in the form of estimated profit.
There is a Method for determining the cost of construction products on the territory of the Russian Federation, approved. Decree of the Gosstroy of Russia dated March 5, 2004 N 15/1. It is recommended for determining the cost of construction of new, reconstruction, expansion and technical re-equipment of existing enterprises, buildings and structures, repair and commissioning, as well as the formation of prices for construction products. In particular, it is provided that in the consolidated estimates it is recommended to allocate funds for the cost of industrial and housing and civil construction according to the following chapters:
1) preparation of the construction site;
2) main construction objects;
3) objects of ancillary and service purposes;
4) energy facilities;
5) transport facilities and communications;
6) external networks and facilities for water supply, sewerage, heat supply and gas supply;
7) improvement and gardening of the territory;
8) temporary buildings and structures;
9) other works and expenses;
11) training of operational personnel;
31. Paragraph 31 of this article contains the definition of "estimated norms". Unlike legal norms (rules), this is a set of quantitative indicators of materials, products, structures and equipment, labor costs of workers in construction, the operating time of machines and mechanisms installed on the accepted unit of measurement, and other costs. These indicators in relation to these and other construction resources are used in determining the estimated cost of construction (see paragraph 30 of the commentary to this article).
The relevant indicators and their use in calculating the estimated cost are described in the Methodology for determining the cost of construction products on the territory of the Russian Federation, approved. Decree of the Gosstroy of Russia dated March 5, 2004 N 15/1.
There are uniform and departmental norms and prices (ENiR and VNiR) for construction, installation and repair and construction work, which are part of common system production standards and prices in construction. They are subdivided by type of work and are issued in separate collections.
In construction and repair and construction production, about 40 ENiR collections with a different number of issues are used. So, for the rationing and remuneration of piecework workers directly involved in the performance of repair and construction work, the Collection N 20 ENiR of two issues is used.
All collections of norms and prices consist of paragraphs of norms and prices, each of them is assigned a code showing in which collection and issue this paragraph is placed. ENiR ciphers, in turn, consist of three or two digits indicating a paragraph, issue and collection. The paragraphs include instructions for the production of work, the scope of work, the composition of the links, the number of workers and their categories, the norm of time (labor costs) and the rate. The notes to individual paragraphs indicate the appropriate correction factors for time standards and prices.
In this regard, the document “Uniform norms and prices for construction, installation and repair and construction works (ENiR) is still relevant. a common part", approved. Decree of the USSR Gosstroy, the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of December 5, 1986 N 43/512/29-50.
32. Paragraph 32 legally clarifies the concept of “estimated prices of building resources”. It follows from the definition that this is a consolidated territorially aggregated documented information on the cost of construction resources. It is also characterized by the fact that it is established by calculation on the accepted unit of measurement and is placed in the federal state information system for pricing in construction.
Construction resources are a type of material and technical resources used in construction. They are divided (in a broad sense) into labor, financial, natural, material, energy and production. Construction resources of a material and technical nature are materials, products, structures and equipment, machines and mechanisms, as well as the labor of workers in construction.
As noted in paragraph 33 of the commented article, the estimated prices of building resources are an integral part of the estimated standards used in determining the estimated cost of construction. Accordingly, they are reflected in certain quantitative parameters in the estimate for construction (reconstruction, overhaul).
In conditions market relations in the accounting of developers (customers) and contractors, estimated prices (calculations) for construction projects are usually reflected based on their contractual value (see PBU 2/2008 “Accounting for construction contracts”, approved by Order of the Ministry of Finance of the Russian Federation of October 24, 2008 . N 116n). Therefore, the prices in the contractual relationship between the customer and the contractor can be changeable and mobile. As noted in Part 4 of Art. 709 of the Civil Code of the Russian Federation, the price of the work (estimate) can be approximate or firm; in the absence of other indications in the contract, the price of the work is considered fixed.
33. In paragraph 33 of the commented article, the concept of "estimated standards" is defined. As is clear from the definition, on the one hand, these are estimated norms (see paragraph 31 of the commentary to this article), and on the other hand, methods for applying estimated norms and estimated prices of building resources. Accordingly, these standards in their entirety make it possible to evaluate construction resources (labor costs of builders, the need for materials and tools, the operating time of equipment, etc.) and therefore are used in determining the estimated cost of building buildings, structures, structures.
Estimated standards - a kind of generalized name for a set of norms and prices (rates) combined into separate collections. There are four types of estimated standards: state federal estimated standards (SFSN), production and sectoral estimated standards (POSN), put into effect by ministries and other departments; territorial (regional) estimated standards (TSN) used on the territory of the corresponding region and put into effect by the executive authorities of the constituent entities of the Russian Federation; branded estimated standards (FSN), compiled for individual (primarily state) organizations that are under departmental subordination.
34. In paragraph 34 of the commented article, a definition of the concept of “activities for the integrated and sustainable development of the territory” is presented. The legal characteristics of such activities are as follows:
1) it is carried out in order to ensure the most efficient use of the territory;
a) preparation and approval of documentation on the planning of the territory for the placement of capital construction facilities for residential, industrial, public and business and other purposes and necessary for the functioning of such facilities and ensuring the life of citizens, the functioning of communal, transport, social infrastructure facilities;
b) architectural and construction design, construction, reconstruction of the above objects.
This wording covers, in fact, all types of construction work, the implementation of which can ensure a truly integrated and sustainable development of a particular territory, which is the main goal of urban planning. Achieving the goals of integrated and sustainable development means:
— ensuring safety and favorable conditions for human life;
— limiting the negative factors of a particular activity on the environment;
— ensuring the protection and rational use of natural resources in the interests of people, etc.
For more information about the sustainable development of the territory, see paragraph 4 of the commentary to this article.
Recently, a number of legal novelties have appeared in the GK of the Russian Federation, the content of which is aimed at achieving the goals of integrated and sustainable development of territories. In Art. Art. 46.4, 46.5, 46.6 of the Civil Code of the Russian Federation defines the legal regime of the agreement on the integrated development of the territory (including for the construction of economy-class housing). Federal Law No. 373-FZ of July 3, 2016 “On Amendments to the Town Planning Code of the Russian Federation, certain legislative acts of the Russian Federation in terms of improving the regulation of the preparation, coordination and approval of documentation for planning the territory and ensuring the integrated and sustainable development of territories and recognizing as invalid certain provisions of the legislative acts of the Russian Federation” provides that integrated development territory can be carried out both at the initiative of the right holders of land plots and (or) real estate objects located within the boundaries of such territory, and at the initiative of local governments (see Art. 46.9,).
35. In the final paragraph 35 of the commented Article 1 of the Civil Code of the Russian Federation, the definition of the urban planning term "element of the planning structure" is fixed. Such terms are commonly used in land use and development regulations and other territorial planning documents. Legally, this concept is simply defined - it is a part of the territory of a settlement, urban district or inter-settlement territory of a municipal district (quarter, microdistrict, district and other similar elements), within the boundaries of which territorial planning and other urban planning activities can be carried out.
The types of elements of the planning structure are established by the federal executive body authorized by the Government of the Russian Federation, which may be the Ministry of Construction and Housing and Communal Services of the Russian Federation (Minstroy of the Russian Federation), the Ministry of Finance of the Russian Federation (Minfin of the Russian Federation).
In the norm of the Law being commented on, the types of elements of the planning structure are a quarter, a microdistrict, a district, etc. More complete list elements of the planning structure, as well as elements of the road network, elements of addressing objects, types of buildings (structures), premises used as address details, approved by Order of the Ministry of Finance of the Russian Federation of November 5, 2015 N 171n. On the basis of Decree of the Government of the Russian Federation of November 19, 2014 N 1221 “On Approval of the Rules for Assignment, Change and Cancellation of Addresses”, this Order fixes the following elements of the planning structure: rampart, zone (mass), quarter, deposit, microdistrict, embankment, island, park, port, district, garden, square, territory, territory of horticultural, horticultural and country non-profit partnerships, consumer cooperatives and non-profit partnerships, as well as the territory of real estate owners associations and yurt.
Here you will find the full text of the new Town Planning Code of the Russian Federation 2016, including all additions and changes for 2014, comments on articles, as well as legal documents, articles and news related to the RF GK. The transition to any article of the Urban Planning Code is carried out through the table of contents on the main page or through the menu on the left side of the site. You can also use the site search.
We can get free legal advice for any questions, for this, at the bottom right there is a form for entering information for a lawyer online.
Urban Planning Code of the Russian Federation (GRK RF) 2016 - regulates relations in the field of urban planning activities. It was adopted on December 22, 2004 by the State Duma and approved by the Federation Council on December 24, 2004. The Town Planning Code of the Russian Federation is named the Federal Law of December 29, 2004 No. 190-FZ, it establishes the rules in the town planning system and regulates the relations that are associated with this concept.
The Civil Code of the Russian Federation replaced the 1998 Code. The advantage over the previous normative act was the clauses on the mandatory availability of favorable natural conditions for living and preserving cultural heritage sites. Now the Urban Planning Code is responsible for all the main concepts in urban planning, describes the principles of legislative processes, lists the powers of the bodies responsible for development.
The Town Planning Code regulates the planning of territories, design, construction and architecture, zoning. He is also responsible for the construction of new facilities, the overhaul of existing ones and covers all areas of capital construction.
In total, the Urban Planning Code of the Russian Federation has 9 chapters, each of which covers a certain process in the urban planning system. They describe things like:
The main principles and provisions of urban planning (Chapter 1);
What powers do the authorities of the Russian Federation and its subjects have, what can local governments do, how do they influence urban planning activities (Chapter 2);
What is zoning, territorial planning, territory planning, how these processes are carried out (Chapters 3, 4, 5);
How is the design, the process of reconstruction of facilities and the construction of new ones, what is capital construction, how is the process of their self-regulation and subsequent operation (Chapters 6, 6.1, 6.2);
How urban development is supported by information (Chapter 7);
Violation of the laws of the code and responsibility for them (Chapter 8);
Urban planning activities in Moscow and St. Petersburg, which are cities of federal significance (Chapter 9).
In addition, during the creation, restoration, allocation of territory, repair work and other activities related to urban development, responsible persons should be guided by the principles prescribed in the Town Planning Code of the Russian Federation 2016.
Documentation
URBAN PLANNING CODE OF THE RUSSIAN FEDERATION
Document as amended by:
- Federal Law No. 117-FZ of July 22, 2005 (Rossiyskaya Gazeta, No. 162, July 27, 2005) (entered into force on January 1, 2006);
- Federal Law No. 199-FZ of December 31, 2005 (Rossiyskaya Gazeta, No. 297, December 31, 2005) (entered into force on January 1, 2006);
- Federal Law No. 210-FZ of December 31, 2005 (Rossiyskaya Gazeta, No. 297, December 31, 2005) (entered into force on January 1, 2006);
- Federal Law No. 73-FZ of June 3, 2006 (Rossiyskaya Gazeta, No. 121, June 8, 2006) (for the procedure for entry into force, see Article 21 of Federal Law No. 73-FZ of June 3, 2006);
- Federal Law No. 143-FZ of July 27, 2006 (Rossiyskaya Gazeta, No. 165, July 29, 2006);
- Federal Law No. 201-FZ of December 4, 2006 (Rossiyskaya Gazeta, No. 277, December 8, 2006) (for the procedure for entry into force, see Article 40 of Federal Law No. 201-FZ of December 4, 2006);
- Federal Law No. 232-FZ of December 18, 2006 (Parliamentskaya Gazeta, No. 214-215, December 21, 2006) (for the procedure for entry into force, see Article 38 of Federal Law No. 232-FZ of December 18, 2006);
- Federal Law No. 258-FZ of December 29, 2006 (Rossiyskaya Gazeta, No. 297, December 31, 2006) (for the procedure for entry into force, see Article 29 of Federal Law No. 258-FZ of December 29, 2006);
- Federal Law No. 69-FZ of May 10, 2007 (Rossiyskaya Gazeta, No. 104, May 18, 2007);
- Federal Law No. 215-FZ of July 24, 2007 (Rossiyskaya Gazeta, No. 164, July 31, 2007);
- Federal Law No. 240-FZ of October 30, 2007 (Rossiyskaya Gazeta, No. 248, November 7, 2007) (for the procedure for entry into force, see Article 9 of Federal Law No. 240-FZ of October 30, 2007);
- Federal Law No. 257-FZ of November 8, 2007 (Rossiyskaya Gazeta, No. 254, November 14, 2007) (for the procedure for entry into force, see Article 63 of Federal Law No. 257-FZ of November 8, 2007);
- Federal Law No. 324-FZ of December 4, 2007 (Rossiyskaya Gazeta, No. 276, December 8, 2007) (for the procedure for entry into force, see Article 8 of Federal Law No. 324-FZ of December 4, 2007);
- Federal Law No. 66-FZ of May 13, 2008 (Rossiyskaya Gazeta, No. 105, May 17, 2008) (for the procedure for entry into force, see Article 22 of Federal Law No. 66-FZ of May 13, 2008);
- Federal Law No. 75-FZ of May 16, 2008 (Rossiyskaya Gazeta, No. 106, May 20, 2008);
- Federal Law No. 118-FZ of July 14, 2008 (Rossiyskaya Gazeta, No. 153, July 18, 2008) (for the procedure for entry into force, see Article 33 of Federal Law No. 118-FZ of July 14, 2008);
- Federal Law No. 148-FZ of July 22, 2008 (Rossiyskaya Gazeta, No. 158, July 25, 2008) (for the procedure for entry into force, see Article 8 of Federal Law No. 148-FZ of July 22, 2008);
- Federal Law No. 160-FZ of July 23, 2008 (Rossiyskaya Gazeta, No. 158, July 25, 2008) (entered into force on January 1, 2009);
- Federal Law No. 281-FZ of December 25, 2008 (Rossiyskaya Gazeta, No. 266, December 30, 2008) (for the procedure for entry into force, see Article 31 of Federal Law No. 281-FZ of December 25, 2008);
- Federal Law No. 309-FZ of December 30, 2008 (Rossiyskaya Gazeta, No. 267, December 31, 2008) (for the procedure for entry into force, see Article 49 of Federal Law No. 309-FZ of December 30, 2008);
- Federal Law No. 164-FZ of July 17, 2009 (Rossiyskaya Gazeta, No. 134, July 23, 2009) (for the procedure for entry into force, see Article 11 of Federal Law No. 164-FZ of July 17, 2009);
- Federal Law No. 261-FZ of November 23, 2009 (Rossiyskaya Gazeta, No. 226, November 27, 2009) (for the procedure for entry into force, see Article 49 of Federal Law No. 261-FZ of November 23, 2009);
- Federal Law No. 343-FZ of December 27, 2009 (Rossiyskaya Gazeta, No. 252, December 29, 2009);
- Federal Law No. 226-FZ of July 27, 2010 (Rossiyskaya Gazeta, No. 169, August 2, 2010) (for the procedure for entry into force, see Article 7 of Federal Law No. 226-FZ of July 27, 2010);
- Federal Law No. 240-FZ of July 27, 2010 (Rossiyskaya Gazeta, No. 169, August 2, 2010) (for the procedure for entry into force, see Article 9 of Federal Law No. 240-FZ of July 27, 2010);
- Federal Law No. 305-FZ of November 22, 2010 (Rossiyskaya Gazeta, No. 268, November 26, 2010);
- Federal Law No. 314-FZ of November 29, 2010 (Rossiyskaya Gazeta, No. 274, 03.12.2010);
- Federal Law No. 41-FZ of March 20, 2011 (Rossiyskaya Gazeta, No. 63, March 25, 2011) (for the procedure for entry into force, see Article 12 of Federal Law No. 41-FZ of March 20, 2011);
- Federal Law No. 69-FZ of April 21, 2011 (Rossiyskaya Gazeta, No. 88, April 25, 2011) (for the procedure for entry into force, see Article 10 of Federal Law No. 69-FZ of April 21, 2011);
- Federal Law No. 169-FZ of July 1, 2011 (Rossiyskaya Gazeta, No. 142, July 4, 2011) (for the procedure for entry into force, see Article 74 of Federal Law No. 169-FZ of July 1, 2011);
- Federal Law No. 190-FZ of July 11, 2011 (Rossiyskaya Gazeta, No. 153, July 15, 2011) (for the procedure for entry into force, see Article 42 of Federal Law No. 190-FZ of July 11, 2011);
- Federal Law No. 200-FZ of July 11, 2011 (Rossiyskaya Gazeta, No. 153, July 15, 2011) (for the procedure for entry into force, see Article 56 of Federal Law No. 200-FZ of July 11, 2011);
- Federal Law No. 215-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011) (for the procedure for entry into force, see Article 11 of Federal Law No. 215-FZ of July 18, 2011);
- Federal Law No. 224-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011) (for the procedure for entry into force, see Article 6 of Federal Law No. 224-FZ of July 18, 2011);
- Federal Law No. 242-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 160, July 25, 2011) (for the procedure for entry into force, see Article 71 of Federal Law No. 242-FZ of July 18, 2011);
- Federal Law No. 243-FZ of July 18, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011);
- Federal Law No. 246-FZ of July 19, 2011 (Rossiyskaya Gazeta, No. 159, July 22, 2011);
- Federal Law No. 257-FZ of July 21, 2011 (Rossiyskaya Gazeta, No. 161, July 26, 2011) (for the procedure for entry into force, see Article 8 of Federal Law No. 257-FZ of July 21, 2011);
- Federal Law No. 337-FZ of November 28, 2011 (Official Internet portal of legal information www.pravo.gov.ru, November 29, 2011) FZ);
- Federal Law No. 364-FZ of November 30, 2011 (Official Internet portal of legal information www.pravo.gov.ru, December 1, 2011);
- Federal Law No. 401-FZ of December 6, 2011 (Official Internet Portal of Legal Information www.pravo.gov.ru, December 6, 2011) FZ);
- Federal Law No. 93-FZ of June 25, 2012 (Official Internet portal of legal information www.pravo.gov.ru, June 25, 2012);
- Federal Law No. 120-FZ of July 20, 2012 (Official Internet portal of legal information www.pravo.gov.ru, July 23, 2012);
- Federal Law No. 133-FZ of July 28, 2012 (Official Internet portal of legal information www.pravo.gov.ru, July 30, 2012) FZ);
- Federal Law No. 179-FZ of November 12, 2012 (Official Internet portal of legal information www.pravo.gov.ru, November 13, 2012);
- Federal Law No. 289-FZ of December 30, 2012 (Official Internet Portal of Legal Information www.pravo.gov.ru, December 31, 2012) FZ);
- Federal Law No. 294-FZ of December 30, 2012 (Official Internet Portal of Legal Information www.pravo.gov.ru, December 31, 2012) FZ);
- Federal Law No. 318-FZ of December 30, 2012 (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2012);
- Federal Law No. 21-FZ of March 4, 2013 (Official Internet portal of legal information www.pravo.gov.ru, 03/04/2013);
- Federal Law No. 22-FZ of March 4, 2013 (Official Internet Portal of Legal Information www.pravo.gov.ru, March 4, 2013) FZ);
- Federal Law No. 43-FZ of April 5, 2013 (Official Internet portal of legal information www.pravo.gov.ru, April 8, 2013);
- Federal Law No. 113-FZ of June 7, 2013 (Official Internet portal of legal information www.pravo.gov.ru, June 7, 2013) FZ);
- Federal Law No. 185-FZ of July 2, 2013 (Official Internet portal of legal information www.pravo.gov.ru, July 8, 2013) FZ);
- Federal Law No. 188-FZ of July 2, 2013 (Official Internet portal of legal information www.pravo.gov.ru, 07/03/2013);
- Federal Law No. 207-FZ of July 23, 2013 (Official Internet portal of legal information www.pravo.gov.ru, July 23, 2013) FZ);
- Federal Law No. 247-FZ of July 23, 2013 (Official Internet portal of legal information www.pravo.gov.ru, July 24, 2013);
- Federal Law No. 282-FZ of October 21, 2013 (Official Internet portal of legal information www.pravo.gov.ru, October 21, 2013);
- Federal Law No. 396-FZ of December 28, 2013 (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2013) FZ);
- Federal Law No. 418-FZ of December 28, 2013 (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2013) FZ);
- Federal Law No. 65-FZ of April 2, 2014 (Official Internet portal of legal information www.pravo.gov.ru, April 2, 2014);
- Federal Law No. 80-FZ of April 20, 2014 (Official Internet portal of legal information www.pravo.gov.ru, April 21, 2014);
- Federal Law No. 131-FZ of May 5, 2014 (Official Internet portal of legal information www.pravo.gov.ru, 05.05.2014);
- Federal Law No. 180-FZ of June 28, 2014 (Official Internet portal of legal information www.pravo.gov.ru, June 30, 2014);
- Federal Law No. 181-FZ of June 28, 2014 (Official Internet portal of legal information www.pravo.gov.ru, June 30, 2014);
- Federal Law No. 217-FZ of July 21, 2014 (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) FZ);
- Federal Law No. 224-FZ of July 21, 2014 (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) FZ);
- Federal Law of October 22, 2014 N 320-FZ (Official Internet portal of legal information www.pravo.gov.ru, 10/23/2014, N 0001201410230006);
- Federal Law No. 307-FZ of October 14, 2014 (Official Internet Portal of Legal Information www.pravo.gov.ru, October 15, 2014, No. 0001201410150002) N 307-FZ);
- Federal Law No. 315-FZ of October 22, 2014 (Official Internet Portal of Legal Information www.pravo.gov.ru, October 23, 2014, No. 0001201410230005) N 315-FZ);
- Federal Law No. 359-FZ of November 24, 2014 (Official Internet portal of legal information www.pravo.gov.ru, November 25, 2014, No. 0001201411250018);
- Federal Law No. 456-FZ of December 29, 2014 (Official Internet portal of legal information www.pravo.gov.ru, December 29, 2014, No. 0001201412290005) (entered into force on January 1, 2015);
- Federal Law No. 485-FZ of December 29, 2014 (Official Internet portal of legal information www.pravo.gov.ru, December 29, 2014, No. 0001201412290016);
- Federal Law of December 31, 2014 N 533-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2014, N 0001201412310102).
Chapter 1. General provisions(Articles 1-5)
Chapter 2. Powers of state authorities of the Russian Federation,
public authorities of the constituent entities of the Russian Federation, bodies
local self-government in the field of urban planning (Articles 6 - 8.2)
Chapter 3. Territorial planning (Articles 9 - 29)
Chapter 3.1. Urban planning standards (articles 29.1 - 29.4)
Chapter 4. Urban zoning (Articles 30 - 40)
Chapter 5. Planning of the territory (Articles 41 - 46.8)
Chapter 6. Architectural and construction design, construction,
reconstruction of capital construction objects (articles 47 - 55)
- 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, on the lands of specially protected natural territories, in the Baikal natural territory.
Chapter 6.1. Self-regulation in the field of engineering surveys,
architectural and construction design, construction, reconstruction,
overhaul of capital construction facilities (Articles 55.1 - 55.23)
- Article 55.2. Acquisition self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, the right to issue certificates of admission to work that affects the safety of capital construction facilities, the termination of such a right.
- Article 55.4. Requirements for a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction objects, necessary for acquiring the right to issue certificates of admission to work that affects the safety of capital construction objects.
- Article 55.13. Self-regulatory organization control over the activities of its members. Article 55.15. Application by a self-regulatory organization of disciplinary measures against members of a self-regulatory organization. Article 55.17. Maintaining a register of members of a self-regulatory organization. Article 55.19. State supervision over the activities of self-regulatory organizations. Article 55.21. All-Russian Congress of Self-Regulating Organizations. Article 55.22. Council of the National Association of Self-Regulating Organizations. Article 55.24. Requirements of the legislation of the Russian Federation for the operation of buildings and structures. Article 55.27. Agreement on the development of the territory for the purpose of building and operating a rented house for social use, an agreement on the development of the territory for the purpose of building and operating a rented house for commercial use. Article 55.29. Requirements for auction participants for the right to conclude an agreement on the development of the territory for the purpose of building and operating a rented house for commercial use, an agreement on the development of the territory for the purpose of building and operating a rented house for social use.
Chapter 7. Information support
urban planning activities (Articles 56 - 57.1)
- Article 56
- Article 57
- Article 57.1. Federal state information system of territorial planning.
Chapter 8. Responsibility for violation of the law
on urban planning activities (Articles 58 - 62)
- Article 58
- Article 59
- Article 60
- Article 61. Compensation for harm caused to life, health or property of individuals.
- Article 62
Chapter 9. Features of the implementation of urban planning activities in the subjects
Russian Federation - the federal cities of Moscow and St. Petersburg (Article 63)
- Article 63
The president
Russian Federation
V.Putin