On July 1, 2017, the new edition of the Town Planning Code of the Russian Federation came into force. The amendments are related to the functions of developers and SROs carrying out engineering surveys and preparing design documentation in capital construction.

Amendments to the Town Planning Code of the Russian Federation, which came into force on July 1, 2017, introduced two new laws at once:

Federal Law of July 3, 2016 N 372-FZ,

Federal Law of July 3, 2016 N 373-FZ.

Both documents relate to the preparation of documentation for territory planning and engineering surveys. They changed a number of articles of the Code.

Technical customers

In particular, in accordance with the new edition Article 1 of the Civil Code of the Russian Federation developers now have the right to transfer their functions provided for by the legislation on urban planning activities to the technical customer. Moreover, in accordance with the text of this article, the technical customer is a legal entity that is authorized by the developer and on his behalf enters into agreements on:

• performing engineering surveys;
• preparation of project documentation;
• construction, reconstruction;
• major repairs of capital construction projects.

Also, the technical customer prepares assignments for performing the specified types of work, provides persons performing engineering surveys and (or) preparing project documentation, construction, reconstruction, major repairs of capital construction projects, materials and documents necessary to perform the specified types of work. The functions of a technical customer can only be performed by a member of the SRO in the field of engineering surveys, architectural and construction design, construction, reconstruction, and major repairs of capital construction projects.

Territory planning

Membership in SRO in the field of engineering surveys

New edition Article 46.8 of the Civil Code of the Russian Federation provides as one of the mandatory conditions for participation in the auction for the right to conclude an agreement on the development of territory for the purpose of constructing economy-class housing, an agreement on the comprehensive development of territory for the purpose of constructing economy-class housing, membership in an SRO in the field of engineering surveys, architectural and construction design, construction, etc.

According to standards Article 47 of the Civil Code of the Russian Federation all work under contracts for the performance of engineering surveys concluded with the developer, technical customer or person who received in accordance with Land Code of the Russian Federation permission to use land or a land plot in state or municipal ownership to carry out engineering surveys (hereinafter also referred to as contract agreements for the performance of engineering surveys) must be carried out only by individual entrepreneurs or legal entities who are members of the self-regulatory organization in the field of engineering surveys. At the same time, the execution of engineering surveys under such contracts is ensured exclusively by specialists from the engineering survey organization (chief project engineers). Work under contracts for the performance of engineering surveys concluded with other persons can be performed by individual entrepreneurs or legal entities that are not members of such SROs. The article also provides a list of cases when membership in an SRO is not required. Article 48 of the Civil Code of the Russian Federation similar requirements for architectural and construction work have been defined. A Article 52 of the Civil Code of the Russian Federation- to carry out construction, reconstruction, major repairs of capital construction projects.

In accordance with new requirements Article 53 of the Civil Code of the Russian Federation construction control can also be carried out by developers, technical customers, persons responsible for the operation of a building, structure, or regional operators who can attract individual entrepreneurs or legal entities on the basis of an agreement. According to standards Article 55 of the Civil Code of the Russian Federation To issue a permit to put a facility into operation, you need, among other things, an acceptance certificate for a capital construction project (in the case of construction or reconstruction on the basis of a construction contract).

New edition Article 55.1 of the Civil Code of the Russian Federation provides, among the main goals of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, capital repairs of capital construction projects, ensuring the fulfillment by members of the SRO of obligations under contract agreements for the performance of engineering surveys, for the preparation of project documentation, construction contracts concluded with using competitive methods to determine suppliers (contractors, performers) in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

New edition Article 55.2 of the Civil Code of the Russian Federation allows non-profit organizations created in the form of an association (union) to acquire the status of a self-regulatory organization. Clauses 1.1, 4 and 5 of this article are no longer in force. A new paragraph 7 has been added to the article as follows:

Liquidation of a non-profit organization that has the status of a self-regulatory organization is carried out only after information about it has been removed from the state register of self-regulatory organizations and enrolled in the manner and within the time frame established by Part 14 Article 55.16 of the Civil Code of the Russian Federation, funds from its compensation fund (compensation funds) to a special bank account of the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization was a member.

Now called “Standards and internal documents of a self-regulatory organization” and regulates all internal documents of an NPO that it must develop and approve before receiving SRO status. Norms Article 55.5-1 Civil Code of the Russian Federation determine the requirements for specialists of such organizations. And the norms Article 55.6 of the Civil Code of the Russian Federation regulate the requirements and procedure for admission to membership of such SROs. New edition Article 55.7 of the Civil Code of the Russian Federation regulates changes in termination of membership in SRO.

A new one has also been added to the Code, which defines the procedure for compensation for damage caused as a result of non-fulfillment or improper fulfillment by a member of a self-regulatory organization of obligations under a contract for engineering surveys, preparation of design documentation, or a construction contract concluded using competitive methods of concluding a contract.

Town Planning Code of the Russian Federation 2020, 2019

• checked today
• edition dated December 28, 2019
• entered into force on December 30, 2004

The Code has a new edition, which comes into force on December 1, 2020.
View changes in the future edition

Compare editions of the code

You can compare editions of this code by selecting the effective dates of the editions and clicking on the "Compare" button. All the latest changes and additions will appear before you at a glance.

Don't even try to look for a newer one - this is the latest edition

Code checked yesterday at 09:32:16

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

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

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

Latest changes in the Town Planning Code of the Russian Federation

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

• Chapter 1. General provisions

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

• Chapter 3. Territorial planning

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

• Chapter 4. Urban zoning

• Chapter 3.1. Urban planning standards

• Chapter 5. Territory planning

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

  • Section 49 specially protected natural areas, within the boundaries of the Baikal natural territory

• Regulating urban planning and certain related relations on the territory of the Russian Federation.

  Encyclopedic YouTube

  1 / 3

  ✪ How to obtain a permit for the construction of individual housing construction - Part 1 Why do you need a permit? 5 STEPS!

  ✪ How to obtain permission to build individual housing construction - Part 2 What is individual housing construction? Obtaining permission step by step.

  ✪ #3 Changes in the town planning code. Pricing reform 2017

  Subtitles

  friends Let's discuss Why do you need permission? About the permit, you google separately and see what is what for whom We will make a separate video for this Which will be sad in which I will talk for a long time about the code as an article and so on Let's talk about the problem now What time Before 2016 People for some reason did not need permission to build a residential building Houses. And now suddenly everyone needs it Let’s go into a little detail to understand what the problem is... Since March 2016, changes have been made to the Land Code after which the Cadastral fee, well, now together with the registration fee for simplified registration, call it “Dacha Amnesty” for an individual residential building began to require a building permit, hello, now you definitely need a permit Organizations that are ready to help you get a building permit for a small and sometimes a large amount of money In our videos, I would like to tell you that getting a permit is easy, quick and inexpensive, I will tell you point by point all the documents that need to be obtained, what needs to be checked in them and where and how they need to be submitted. If you have a question: Should you start construction and installation work or get permission first? Definitely - get a building permit. As soon as you cross this line, you will complicate your path many times over. You become a violator. You will need to take money to different organizations, don’t create problems for yourself. Getting a permit is not difficult; you don’t need to start work before the permit. Let’s answer the question When You do not need a building permit. All this is determined by the town planning code of the Russian Federation. You should not rely on the opinion of a lawyer you know or a telephone conversation with Architecture, much less rely on the experience of those who built a house without permission. All your actions with architecture and other bodies are regulated by the town planning code of the Russian Federation. You need study the document yourself and determine for yourself whether you need permission or not. Let's talk with you about some points of the town planning code. Article 51, paragraph 17. The issuance of building permits is not required in the case of Written for ordinary people =) Construction of a garage on a land plot provided to an individual for unrelated purposes with the implementation of entrepreneurial activities or construction on a land plot provided for gardening, summer cottage farming. I think the question will not arise here. If you are building a garage, you do not need a permit. If you are building a country house, you do not need a permit. If you are building an individual plot on a plot for gardening. residential building permit You need You need to understand this Construction reconstruction of non-capital construction objects Kiosks, sheds, and others. .. A shawarma bar can be built just like that. Construction of buildings for auxiliary use on a land plot. Summer kitchen, barn, bathhouse. Changing capital construction projects and or their parts... ... ... Blah blah blah A lot of things are said there The main thing is that if you are reconstructing your house and making two from one With an increased area Permission You need In principle everything In all other cases You building permit required

  Subject of legal regulation of the Town Planning Code of the Russian Federation

  The subject of legal regulation is determined by Art. 4 Civil Code of the Russian Federation.

  1. Urban planning relations - relations associated with urban planning activities, that is, with activities for the development of territories, including cities and other settlements, carried out in the form of: - territorial planning, - urban planning zoning, - territory planning, - architectural and construction design, including engineering surveys, - construction of reconstruction of capital construction projects, - capital repairs, which affect the structural and other characteristics of the reliability and safety of capital construction projects, - operation of buildings and structures (this type is included in the concept of urban planning activities from 01.01. 2013); 2. Relations related to: - taking measures to ensure construction safety, - preventing emergencies of a natural and man-made nature, - eliminating their consequences - when carrying out urban planning activities, unless such relations are regulated by special laws; 3. Relations directly specified in the Civil Code of the Russian Federation related to: - acquiring the status of an SRO, - termination of the status of an SRO, - determining the legal status of an SRO, - carrying out the activities of an SRO, - establishing a procedure for an SRO to exercise control over the activities of its members, - the application of disciplinary measures by an SRO to its members - the procedure for exercising state control (supervision) over the activities of SROs; 4. Relations related to the creation of artificial land plots. 5. Relations related to the collection and processing of information necessary to determine the estimated cost of construction.

  Previous laws

  Part 1 art. 9 of the Civil Code of the Russian Federation provides for the following territorial planning documents:

  • RF;
  • Territorial planning schemes for subjects of the Russian Federation;
  • Territorial planning schemes for municipalities:
    • Spatial planning schemes for municipal districts,
    • Master plans for urban and rural settlements,
    • Master plans of urban districts.

  On September 1, 2011, Art. 57.1 Civil Code of the Russian Federation, providing for the creation Federal State Information System for Territorial Planning, which is defined as an information and analytical system that provides access to information contained in state information resources, state and municipal information systems, including information systems for supporting urban planning activities, and necessary to support the activities of state authorities and local governments in the region territorial planning., regulatory legal acts of public authorities of the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg and which establish territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for making changes to it (clause 8 of article 1 of the Civil Code of the Russian Federation ).

  Territorial zones are zones for which the land use and development rules define boundaries and establish town planning regulations (Clause 7, Article 1 of the Civil Code of the Russian Federation).

  Urban planning regulations - types of permitted use of land plots established within the boundaries of the corresponding territorial zone, as well as everything that is located above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction projects, maximum (minimum and (or) maximum) the size of land plots and the maximum parameters of permitted construction, reconstruction of capital construction projects, as well as restrictions on the use of land plots and capital construction projects (clause 9 of article 1 of the Civil Code of the Russian Federation).

  Territory planning

  Preparation of documentation on territory planning is carried out in relation to built-up or subject to development territories(clause 1 of article 41 of the Civil Code of the Russian Federation).

  Preparation of the territory planning project is carried out to highlight the elements of the planning structure (blocks, microdistricts, other elements), establish the parameters of the planned development planning structure elements(clause 1 of article 42 of the Civil Code of the Russian Federation).

  Preparation of projects for land surveying of territories is carried out in relation to built-up and subject to development territories, located within the boundaries of the elements of the planning structure established by the territory planning projects (clause 1 of article 43 of the Civil Code of the Russian Federation).

  Preparation of urban planning plans for land plots is carried out in relation to built-up or intended for construction and reconstruction of capital construction projects land plots(clause 1 of article 44 of the Civil Code of the Russian Federation).

  Federal Law No. 342 of August 3, 2018 – Federal Law “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” comes into force. It involves large-scale and extensive changes to the Town Planning Code, which consists of 58 amendments.

  The publication is relevant for students of professional retraining and advanced training courses in the following areas:

  We invite you to familiarize yourself with a brief overview of the innovations in the Town Planning Code (GrK RF) dated August 3, 2018.

  Attention, vacancies!

  In connection with the opening of several full-time and part-time departments, the Modern Science and Technology Academy requiresteachers and methodologists in the following disciplines:

  • Metrological control
  • Medicine and healthcare
  • Surveying business
  • Cadastral Affairs and Geodesy
  • Accounting
  • Jurisprudence
  • Engineering surveys
  • Engineering systems
  • Architectural and construction design
  • Transport and transport security
  • Oil and gas business
  • Energy,
  • Industrial safety, etc.

  Various forms of cooperation are possible: from project participation to enrollment in the Academy staff. Methodological support is required: development of curricula and plans, as well as teaching: conducting face-to-face and remote seminars, lectures. We accept resumes from all over Russia, since candidates from remote regions of Russia can work remotely.

  Send your resume to the HR department email address with a note in the subject line “resume" We consider candidates with varying experience and qualifications.

  What changes to the Town Planning Code took place in 2018?

  In general, we can say that large-scale changes have taken place in the Town Planning Code of the Russian Federation. The law includes 58 amendments and additions.

  The new Federal Law of August 3, 2018 No. 342 “On Amendments to the Town Planning Code of the Russian Federation” introduced the following changes:

  • The procedure for regulating zones with special conditions for the use of territories has been clarified. It also indicates how such zones are established, what size they can be, and how the boundaries of the area are designated. Possible restrictions are also listed here.
  • Owners of a land plot and (or) real estate property located within the boundaries of a zone with special conditions for the use of the territory may compensate for losses caused by the restriction of their rights in connection with the establishment of such a zone.
  • A refined concept of a capital construction object is given.
  • The procedure for the creation and operation of state information systems for supporting urban planning activities (GISOGD) is prescribed, including the maintenance of such systems as they relate to urban planning activities in the territories of two or more municipal districts, urban districts, and the provision of relevant information, documents and materials.
  • The rules for preparing an urban zoning map as part of the land use and development rules have been determined.
  • The grounds for consideration by the head of the local administration of the issue of making changes to the rules of land use and development have been added.
  • A differentiation has been introduced in the number of sections of design documentation and requirements for their content in relation to various types of objects (including linear ones), as well as depending on the purpose of objects, types of work, their content, sources of financing for work and the identification of individual stages of construction and reconstruction .
  • The grounds for recognizing design documentation as cost-effective and intended for reuse have been amended.
  • There have been changes in the procedure for issuing construction permits and transferring relevant materials for the placement of GISOGD.
  • The possibility of creating forest plots on the basis of a territory surveying project without preparing design documentation for forest plots has been established.

  Non-permanent buildings and structures

  Amendments to the Civil Code clarify the concept of temporary buildings, which now refer to non-permanent buildings and structures. A non-permanent building or structure is recognized as a structure (structure) that does not have a strong connection with the ground, and whose design characteristics provide for the possibility of movement and dismantling and subsequent assembly.

  Article 1, paragraph 10 and added paragraph 10.2

  
  

  State information systems for supporting urban development activities (GISOGD)

  The need for the creation and operation of state information systems for supporting urban planning activities is spelled out, including the maintenance of such information systems insofar as they relate to the implementation of urban planning activities in the territories of two or more municipal districts and urban districts.

  Article 7 new paragraph 8; Article 8, paragraph 6, parts 2 and 3; Article 31, part 3 and part 9

  Zones with special use of territories and territories of cultural heritage sites

  The provisions of Article 33 of the Civil Code have been significantly supplemented. Part two of paragraphs 3, 4, 5 introduces criteria for consideration by the Head of the local administration of the issue of changes to the rules of land use and development when publication is not required.

  • The first reason is the discrepancy between the information about the location of the boundaries of the zones, which are displayed on the urban zoning map, and the description of the location of the boundaries of these zones.
  • The second reason for revising the rules for land use is the discrepancy between the restrictions on the use of land plots and capital construction projects (which are established by urban planning regulations) and the restrictions on the use of real estate in such zones.
  • The third basis is the establishment, change, termination of the existence of a zone, the establishment or change of the boundaries of the territory of a cultural heritage site, the territory of a historical settlement of federal significance, the territory of a historical settlement of regional significance.

  Article 33 has been supplemented with new parts 8, 9. 10.

  In the cases provided for in paragraphs 3 - 5 of part 2 of this article, the executive body of state power or local government authority authorized to establish zones with special conditions for the use of territories, boundaries of territories of cultural heritage sites, approval of the boundaries of territories of historical settlements of federal significance, historical settlements of regional significance , sends to the head of the local administration a request to amend the rules of land use and development in terms of displaying the boundaries of zones with special conditions for the use of territories, territories of cultural heritage sites, territories of historical settlements of federal significance, territories of historical settlements of regional significance, establishing restrictions on the use of land plots and capital objects construction within the boundaries of such zones and territories.

  In the event of receipt of a requirement provided for in Part 8 of this article, receipt from the rights registration authority of information on the establishment, change or termination of the existence of a zone with special conditions for the use of the territory, on the boundaries of the territory of a cultural heritage object, or from the date of discovery provided for in paragraphs 3 - 5 of Part 2 of this article grounds for making changes to the rules of land use and development, the head of the local administration is obliged to make a decision on the preparation of a project to amend the rules of land use and development.

  The deadline for making changes to the approved rules of land use and development in terms of displaying the boundaries of zones with special conditions for the use of territories, territories of cultural heritage sites, territories of historical settlements of federal significance, territories of historical settlements of regional significance, establishing restrictions on the use of land plots and capital construction projects within the boundaries of such zones , territories cannot exceed six months from the date of receipt of the requirement provided for in Part 8 of this article, receipt from the rights registration authority of information on the establishment, change or termination of the existence of a zone with special conditions for the use of the territory, on the boundaries of the territory of a cultural heritage object, or from the date of identification of those provided for in paragraphs 3 - 5 of part 2 of this article grounds for making changes to the rules of land use and development.

  Additions to Article 43 of the Town Planning Code on land surveying projects

  Part 5 is supplemented with paragraphs 4 and 5 as follows.

  The fourth paragraph indicates the intended purpose of the forests, the type(s) of permitted use of the forest area, the quantitative and qualitative characteristics of the forest area, information about the location of the forest area within the boundaries of specially protected forest areas (if the preparation of a land surveying project is carried out in order to determine the location of the boundaries formed and (or) changed forest areas).

  The fifth paragraph requires information about the boundaries of the territory for which the land surveying project has been approved, containing a list of coordinates of characteristic points of these boundaries in the coordinate system used to maintain the Unified State Register of Real Estate. In this case, all coordinates of the characteristic points of the boundaries of the territory in respect of which the land surveying project is approved must be determined in accordance with the requirements for the accuracy of determining the coordinates of the characteristic points of the boundaries established in accordance with this Code for territorial zones.

  Part 6.1 has appeared in this article, which requires determining the location, boundaries and area when preparing a land surveying project in order to determine the location of the boundaries of formed and (or) changed forest areas only taking into account the boundaries and area of ​​forest blocks and (or) forest taxation units, parts forest taxation areas.

  The procedure for transferring land from the forest fund

  When transferring land plots from forest fund lands to lands of other categories, the submission of documentation on the planning of the territory is required, before its approval, it must be agreed upon with the executive body of state power or local government body, which is in charge of the corresponding specially protected natural area.

  What needs to be agreed upon when transferring land from the forest fund?

  Here you need to obtain an assessment of the admissibility of the placement of capital construction projects in accordance with the requirements of forestry legislation, legislation on specially protected natural areas within the boundaries of forest fund lands, specially protected natural areas, as well as the compliance of the planned placement of capital construction projects that are not linear objects, according to:

  • forestry regulations,
  • regulations on a specially protected natural area, approved in relation to the territory within the boundaries of which such objects are planned to be located.

  The period for approval of territory planning documentation cannot exceed 30 days from the date of its receipt by the state authority or local government body provided for by this part.

  Article 45 of the Civil Code of the Russian Federation, part 12.3

  Placement of capital construction objects in the roadside strip of the highway

  When planning the territory for the placement of capital construction objects within the borders of the roadside strip of the highway, it is necessary to coordinate the layout of the territory with the owner of the road.

  Article 45, part 12.10

  In the event of disagreements between the owners of the road and local governments, state authorities, the procedure for resolving them will be regulated by the Government of the Russian Federation.

  Article 45, part 12.11

  Organization and holding of auctions

  The auction organizer is obliged to keep a protocol on the results of the auction, which must reflect the following information:

  • place, date, time of the auction;
  • details of the decision of the local government on the development of the built-up area;
  • location, area of ​​the built-up area in respect of which the decision on development was made;
  • initial price of the right to conclude a contract (price of the auction item);
  • information about auction participants (indicating the name and location);
  • the last and penultimate offers on the price of the auction item, indicating the persons who made such offers.

  The protocol itself must be drawn up in electronic form and sent to the winner within 1 working day after the auction (Article 46.3, Part 22), and this protocol must also be posted on the official website within 1 working day (Article 46.3, Part 24).

  What to include in the design documentation of capital construction projects?

  Article 48 clarifies paragraph 12, which indicates the composition of the design documentation for capital construction projects. It should include the following sections:

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

  2) a diagram of the planning organization of the land plot, made in accordance with the information specified in the urban planning plan of the land plot, and in the case of preparation of project documentation in relation to linear objects, a 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 preparation of territory planning documentation);

  Section of project documentation for compliance with standards and requirements

  Also necessary are sections that are aimed at ensuring compliance with norms and requirements. They contain architectural, functional-technological, constructive, engineering and technical solutions and (or) measures aimed at meeting the following requirements:

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

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

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

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

  In addition, the design documentation must include:

  • project for organizing the construction of capital construction projects;
  • requirements for ensuring the safe operation of capital construction projects;
  • information on the standard frequency of work on major repairs of a capital construction project, necessary to ensure the safe operation of such a facility, as well as in the case of preparation of design documentation for the construction or reconstruction of an apartment building, information on the volume and composition of the specified work.

  Information about the capital construction project in the design assignment

  When specifying information about capital construction objects in the design assignment and in the design documentation, it is necessary to indicate as required by the classifier of capital construction objects according to their purpose and functional and technological features. And much more.

  Dates for entry into force of amendments to the Town Planning Code of the Russian Federation

  Article 27 of this law defines the dates for the changes to come into force.

  • The main part will start working on January 1, 2019.
  • Some provisions will come into force from the moment of publication - that is, from August 7, 2018.
  • Paragraphs 11, 12, 14, subparagraph "a" of paragraph 15, subparagraph "b" of paragraph 33 of Article 1, paragraphs four - six of paragraph 3 of Article 3, paragraph 1, subparagraph "a" of paragraph 5 of Article 9, Article 15, parts 5 - 7 of Article 26 of this Federal Law come into force on September 1, 2018.
    Like withreduce tax risks?
    Likeuse legal tax optimization methods?
    Howprotect existing tax schemes?
    How to correctly draw up contracts and maintain accounting policies in order to avoid the risks of audits or successfully pass a tax audit?
    Find out about this at the one-day educational seminar "Tax Optimization" + additional advanced training course with the issuance of a certificate.
    
    Get personal advice from an expert in optimizing tax schemes, who has helped win several dozen court cases against the Tax Service
    The seminar is conducted by a candidate of legal sciencesShestakova Ekaterina Vladimirovna . The seminar will be held October 2, 2018 . Start: 10 o'clock Moscow time.Format of participation in the seminar:
    • In-person on the territory of CHTA at the address: Moscow, st. Gazetny lane, building 3-5, st. Okhotny Ryad metro station (300 meters from Red Square),
    • Webinar (online) for residents of Russian regions with broadcast of the seminar on the Internet.
    For details about the educational course, see

  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, major repairs, reconstruction, demolition of capital construction projects, operation of buildings, structures, landscaping;

  2) territorial planning - planning for the development of territories, including for establishing functional zones, determining the planned location of objects of federal significance, objects of regional significance, objects of local significance;

  3) sustainable development of territories - ensuring, when carrying out urban planning activities, safety and favorable conditions for human life, 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 for the use of territories - security, sanitary protection zones, zones for the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage sites), protective zones of cultural heritage sites, water protection zones, flood zones, flooding, zones of sanitary protection of sources of drinking and domestic water supply, zones of protected objects, airfield area, 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 land use and development rules define boundaries and establish town planning regulations;

  8) rules of land use and development - a document of urban planning zoning, which is approved by regulatory legal acts of local governments, regulatory legal acts of state authorities of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg and which establishes territorial zones, urban planning regulations, and the procedure for application such a document and the procedure for making changes to it;

  31) estimated standards - a set of quantitative indicators of materials, products, structures and equipment, labor costs of workers in construction, 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 construction resources - consolidated, territorially aggregated documented information on the cost of construction resources, established by calculation for the accepted unit of measurement and posted in the federal state information system for pricing in construction;

  33) estimate standards - estimate standards and methods necessary to determine the estimated cost of construction, the cost of engineering survey work and the preparation of design documentation, as well as methods for developing and applying estimate standards;

  33.1) integrated construction price standard - an indicator of the need for funds necessary to create a unit of capacity of construction products, intended for planning (justification) of 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 on the planning of the territory for the placement of capital construction projects for residential, industrial, public, business and other purposes and the necessary support for the functioning of such objects life activity of citizens of municipal, transport, social infrastructure facilities, as well as architectural and construction design, construction, reconstruction of the facilities 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 (block, 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) territory improvement - activities to implement a set of measures established by the rules for improvement of the territory of a municipal formation, 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 municipal formation, maintaining the territories of settlements and those located in such territories objects, including public areas, land plots, buildings, structures, structures, adjacent territories;

  37) adjacent territory - a public territory that 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 improvement of the territory of the municipality in accordance with the procedure established by the law of the constituent entity of the Russian Federation;

  38) landscaping elements - decorative, technical, planning, structural devices, landscaping elements, various types of equipment and design, including facades of buildings, structures, structures, small architectural forms, non-permanent non-stationary buildings and structures, information boards and signs used as components of territory improvement;

  39) individual housing construction facility - a separate building with a number of above-ground floors of no more than three, a height of no more than twenty meters, which consists of rooms and premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a building , and is not intended to be divided into independent real estate objects. The concepts of “individual housing construction object”, “residential building” and “individual residential building” are used in this Code, other federal laws and other regulatory legal acts of the Russian Federation in the same meaning, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation . At the same time, the parameters established for individual housing construction projects by this Code apply equally to residential buildings, individual residential buildings, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation.

  Commentary to Art. 1 GRK RF

  Recently, many federal laws contain an article with an explanation and interpretation of terms and concepts often used in the law. Dozens of concepts are enshrined in the Federal Laws “On Environmental Protection”, “On Production and Consumption Waste”, “On Animal World”, and in the Water Code of the Russian Federation; and the Civil, Land, Labor, and Criminal Codes do not provide for a separate article with basic concepts - 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 basic concepts used in the Code, and their development in the course of presenting the requirements by listing the constituent documents, disclosing their content, designating the purposes of introducing this concept and the powers, rights and responsibilities for preparing a corresponding set of documents . There is not a single concept provided for in 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.

  Regarding concepts and terms, there are many dictionaries, textbooks, encyclopedias and reference books that reflect scientific and practical discussions and opinions of their authors around the phenomena and subjects under discussion, but all of them are advisory, controversial, i.e. optional, character, characterize the directions and parts of public opinion.

  Concepts approved by law, deciphered in its text with the help of regulations, become binding throughout Russia for all law enforcers of all regulations involved in the regulation of urban planning relations.

  Second commentary to 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 regulations, laws and other regulatory legal acts of constituent entities of the Russian Federation may contain additional definitional norms that explain the terminology used in urban planning.

  A number of terms (urban planning activities, urban planning regulations, etc.) were 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.). Certain terms for the first time received legislative recognition in the current Civil Code of the Russian Federation (territorial planning, functional zones, territorial zones, capital construction project, construction, reconstruction, engineering surveys, developer, etc.).

  Consolidation of basic urban planning concepts in Art. 1 of the Civil Code of the Russian Federation means their official legislative interpretation, mandatory for law enforcement purposes. 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 enforcement officials in the field of urban planning and related relations. Therefore, each definition is a kind of normative indicator, 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 issues and cases to be resolved correctly in accordance with the law.

  Although there are many dictionaries, reference books and encyclopedias that reflect certain scientific and specially practical opinions of their authors, they are advisory, that is, optional, in nature and indicate only the possibilities of different approaches to understanding the subjects, phenomena and processes being studied.

  The content of almost all terms of the commented article is described (disclosed) in detail in subsequent chapters and articles of the Civil Code of the Russian Federation. The definitional norms themselves contained in the commented article operate and are applied in a systematic relationship with other legal norms of the Civil Code of the Russian Federation, which allows one to correctly navigate the current legislation and successfully apply it in practice.

  Some of the terms, formulations and other norms existing in the text of the Civil Code of the Russian Federation receive their consolidation and legal definition (explanation of meaning and content) in separate articles of other federal laws, in particular such as the Federal Law “On Architectural Activities in the Russian Federation”, Federal Law “ On production and consumption waste”, Federal Law “On Environmental Protection”, Federal Law “On Animal World”, Federal Law “On Fisheries and Conservation of Aquatic Biological Resources”, the Water Code of the Russian Federation, and others regulating urban 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 planning task”, “architectural project”, “architectural object”, “construction permit”, literally and in meaning related with the terms found 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 activities is carried out in the text of the regulatory document itself (in an article, part, paragraph, etc.) - meaning the Civil Code of the Russian Federation, RF LC, RF LC, RF LC, etc.

  In Art. 1 of the Civil Code of the Russian Federation has chosen a comprehensive method of defining (explaining the meaning) and disclosing the content of certain concepts through the designation of goals and objectives, through the listing of characteristics, types (categories), etc. components and characteristics of the described concept, phenomenon or process.

  2. The first paragraph reveals the main concept used in the Civil Code of the Russian Federation - “urban planning activity”. This is no coincidence, since it is precisely this that constitutes the main framework (core) of legal relations regulated by urban planning legislation.

  The above definition is characterized by the fact that, firstly, urban planning activities are associated with its main goal - the development of the corresponding territory; secondly, the main types of implementation of this activity are indicated here, most of which are disclosed in 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 previously effective legislation (GrK RF 1998) indicated the subjects of this activity (state bodies, local governments, individuals and legal entities) and spoke about taking into account the interests of citizens, public and state interests, as well as national, historical, cultural, environmental, natural features of territories and settlements.

  It should also be noted that the very concept of “territory” is not disclosed by the current Civil Code of the Russian Federation, 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 in the terminology regarding “territory” in the laws on government bodies, on the general principles of organizing local self-government, on administrative-territorial division, on land and land relations, etc. The essence of the problem is that in various laws not only the terms “settlement”, “municipal entity”, “municipal district”, “city” and “intra-urban territory”, “urban district” and “urban district” are mentioned, but also the terms “other settlements”, “villages” (urban , workers, etc.), “villages”, “villages”, “stanitsa” 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-mentioned entities is located within the territory of another entity, etc. One way or another, they are all “tied” to the territory, that is, they are located on a certain territory, have their own territories, which, in turn, are associated with land belonging to one or another category and having one or another purpose. It is well known that “territory” is usually understood as a land space limited by some 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 of territories, limited spaces (zones) are established; norms on zoning of territories in terms of provisions regulating the procedure for the use and protection of land are a way of determining 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; Thus, within the boundaries of the territories of populated areas, legal regimes are established as a result of urban planning zoning; The zoning institute will allow the allocation of subterritories (subzones) within the boundaries of the territory with special conditions for the use of land plots within them.

  3. The definition of the concept of “territorial planning” is also focused on the goals of territorial development, 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 planning activities. 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 the legislation on urban planning activities - see), and on the other hand, it is carried out in accordance with the documents that serve as the basis for the construction being carried out (see paragraph 4 of Art. 2 Civil Code of the Russian Federation).

  The procedure for implementing territorial planning, preparing and approving relevant draft schemes (documents) for territorial planning of the Russian Federation, constituent entities of the Russian Federation and municipalities is quite fully regulated. In addition, separate regulatory, legal and methodological documents in this area have been adopted and are in force. In particular, this is the Decree of the Government of the Russian Federation of March 23, 2008 N 198 “On the procedure for preparing and approving a 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 Regulations 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 draft master plans for settlements and urban districts."

  4. Sustainable development of territories, being 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 current and future goals that must be achieved when carrying out urban planning activities. The legalization of such goals (original guidelines) 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.

  Fulfillment of the designated criteria may become the basis for recognizing the development of the territory as sustainable. At the same time, sustainable development of territories must 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 planning 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 clarified in other regulatory documents. Thus, the 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 Assessing the Efficiency of 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);

  — social infrastructure facilities, 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 by listing the main types (categories) of such zones, which have different legal nature and industry affiliation. In practical terms, zones with special conditions for the use of territories are indicated in master plans, on maps and other documents of territorial planning and layout 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 “protection 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 objects is defined as a territory 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 have not been formed. If a land plot is formed within the boundaries of such a zone, its regime will apply to the entire plot. However, the land plot can be formed in such a way that only part of it will be located in the security zone.

  Within the boundaries of the land plot on which the hazardous object is located, security zones may be established by defining the corresponding part of the land plot within which the regime provided for the security zone is in effect; 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 that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, a 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 preservation and study of natural complexes and objects are prohibited. To prevent adverse anthropogenic impacts on such reserves, parks and natural monuments, protective zones are created on adjacent land plots and water bodies. Within the boundaries of these protective zones, activities that have a negative impact on the natural complexes of such territories are prohibited. The boundaries of security zones must be marked with special information signs. Land plots within the boundaries of security zones are not confiscated from land owners, land users, landowners 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 a reduction in the impact (biological, chemical and other) of pollution on the atmospheric air to the values ​​​​established by hygienic standards. This is a kind of protective barrier that ensures the level of safety of the population during the normal operation of hazardous facilities, including during urban planning activities (for more details, see SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises and structures and other objects”, approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated September 25, 2007 N 74).

  Sanitary protection zones can also be established in accordance with the requirements of other legislation. For example, in accordance with the Federal Law of January 9, 1996 No. 3-FZ “On Radiation Safety of the Population”, in order to ensure radiation safety, the territory around the source of ionizing radiation in which the level of exposure of people under normal operating conditions can be designated as such a zone of this source may exceed the established radiation dose limit (Article 1).

  Protection zones for cultural heritage objects are established in accordance with the Federal Law “On objects of cultural heritage (historical and cultural monuments) 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: protective zones, zones regulating development and economic activity, zones of protected natural landscape (Article 34, etc.). The regulation of the procedure for developing draft zones for the protection of cultural heritage sites, 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 zones for the protection of cultural heritage sites (historical and cultural monuments) 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 Water Code of the Russian Federation. Such zones are territories that are adjacent to the coastline (borders of a water body) of seas, rivers, streams, canals, lakes, reservoirs and in which a special regime for carrying out economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion their waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna (Article 65 of the RF CC). In accordance with the legislation on natural medicinal resources, medical and recreational areas and resorts, zones (districts) of sanitary protection of water bodies, the water resources of which are natural medicinal resources, can also be established (Article 64 of the RF Water Code). 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 water can manifest itself through flooding, flooding, destruction of the banks of water bodies, swamping of certain territories and objects (Article 1 of the RF Water Code). Currently, along with carrying out special protective measures in the so-called flood zones, underflooding in order to prevent the negative impact of water (flooding, flooding, destruction of the banks of water bodies, swamping, 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 flora and fauna, other environmental objects) in accordance with legislation in the field of environmental protection and the protection of the population and territories from emergency situations may be declared environmental zones disasters or emergency areas. The boundaries of emergency zones are determined by emergency response managers appointed in accordance with legislation 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 occurred (see paragraph 1 of Art. 67 of the Russian Federation Code, Articles 1, 5, etc. of the Federal Law “On the protection of the population and territories from natural and man-made emergencies”). The procedure for declaring and establishing the regime of environmental disaster zones is established as noted in Art. 57 Federal Law “On Environmental Protection”, legislation on environmental disaster zones.

  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 municipal formations (urban and rural settlements, urban districts and municipal districts, etc.) is carried out for the purposes of: 1) determining territorial zones and 2) establishing urban planning regulations (see paragraphs 8 and 10 of the commentary to this article) .

  Urban zoning is regulated in some detail (Articles 30 - 40). The main document of urban planning zoning is the rules of land use and development (see paragraph 9 of the commentary to this article). The content, procedure for preparation and approval of land use and development rules 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 of land use and development (see paragraph 9 of the commentary to this article).

  The types and composition of territorial zones, the procedure for their establishment are determined by Art. and , which must be used in systemic connection with .

  9. Clause 9 of the commented article defines both essential and formal features of land use and development rules as the main document used in the urban zoning system.

  First of all, it is indicated that this is a document of urban planning zoning (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), as well as the procedure for applying such a document and the procedure for making changes to 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 municipal entity), or a similar legal act of a government body 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 land use and development rules, 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 defining the status, procedure for preparation, adoption and entry into force of municipal legal acts are established by Art. Art. 7, 43 - 48 Federal Law “On the general principles of organizing local self-government in the Russian Federation.” To fulfill 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, land use and development rules are subject to official publication (promulgation) in the prescribed manner.

  10. Clause 9 of this article defines the content of the town planning regulations in strict accordance with and. As a legal document, urban planning regulations, which are an integral part of the rules of land use and development, determine the legal regime of land plots, as well as everything that is located 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 characteristics of the town planning regulations (including the limits of its validity) are given, first of all, in Art. 36, as well as in 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 classified as such (buildings, structures, structures, objects of unfinished construction), and on the other - lists objects that are not such (temporary buildings, kiosks, sheds and other similar structures).

  All of these objects are the subjects of urban planning and other relations (including the subjects of construction contracts) (see, Art. 702, etc. of the Civil Code of the Russian Federation). The legal characteristics of these capital construction projects are given in other regulatory legal acts. The list of especially dangerous, technically complex and unique objects is given in.

  A building is a type of architectural and construction facility designed to create conditions for people to stay for permanent or temporary residence or to create conditions for work, socio-cultural and other services for the population, as well as storage of 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 that form a closed ground volume intended for the stay or residence of people and for performing various production processes.

  According to Art. 2 of the Technical Regulations on the Safety of Buildings and Structures dated December 30, 2009 N 384-FZ, a building is the result of construction, which is a volumetric construction system with above-ground and (or) underground parts, including premises, engineering support networks and systems engineering and technical support and intended for the residence and (or) activities of people, the location of production, the storage of products or the keeping of animals. The three main elements (subsystems) of the building are described in the same article of the above-mentioned Law:

  — a room is a part of the volume of a building or structure that has a specific purpose and is limited by 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, electricity supply, communications, informatization, dispatching, waste disposal, vertical transport (elevators, escalators) or security functions.

  It is generally accepted that buildings are divided according to their intended purpose into: residential (permanent residential building with a long service life) and non-residential buildings (intended for use in production, trade, cultural, educational and other purposes). Residential building, as specified 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, intended to satisfy citizens’ household and other needs related to their residence in such a building. Residential buildings are multi-apartment buildings. 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 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 divided into main (dominant in terms of capital construction, architectural features and its purpose) and service (of secondary importance in relation to the main building). Service buildings, as a rule, are of a non-permanent 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 a definition of “building structure”, considered as a part of a building or structure that performs certain load-bearing, enclosing and (or) aesthetic functions. A structure is a generic legal category denoting a set of capital architectural and construction projects, including buildings, structures, unfinished construction projects and their varieties. In this sense, the building can be considered synonymous with the concept of “capital construction object”. At the same time, there may be buildings of a non-permanent type. Thus, in relation to housing stock accounting, buildings are understood as a separately constructed building, a house consisting of one or several parts as one whole, as well as service buildings: sheds, private garages, sheds, courtyard cellars, etc. (see Instructions on accounting of housing stock in the Russian Federation, approved by Order of the Ministry of Land Construction of the Russian Federation dated August 4, 1998 N 37).

  A structure is 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 not related to changing the subject of labor, or for performing various non-production functions. An object acting as a structure is any separate structure with all devices that form one whole with it. The structures include hydraulic, transport, pipeline and other linear facilities that have production and (or) social purposes. In Art. 2 of the Technical Regulations 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 volumetric, planar or linear building system having ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases enclosing building structures and intended for performing various types of production processes, storing products, temporary stay of people, moving people and goods.

  Identification of buildings and structures is carried out according to the characteristics listed in Art. 4 of the Technical Regulations on the Safety of Buildings and Structures dated December 30, 2009 N 384-FZ: 1) purpose; 2) belonging to transport infrastructure facilities and other facilities whose functional and technological features affect their safety; 3) the possibility of dangerous natural processes and phenomena and man-made impacts on the territory where the construction, reconstruction and operation of the building or structure will be carried out; 4) belonging to hazardous production facilities; 5) fire and explosion hazard; 6) the presence of premises with permanent occupancy; 7) level of responsibility. The Civil Code of the Russian Federation defines the legal regime for capital construction projects of federal, regional and local significance (see paragraph 20 of the commentary to this article), it also talks about objects located in intersettlement territories (see, etc.), about objects intended for state and municipal needs (see), about objects connected and not connected to utility networks (see), etc.

  The concept of “unfinished construction project” is not clearly defined by law. At the same time, for example, in the Methodological Recommendations for 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 under construction in progress include objects:

  — the construction of which is ongoing;

  — the construction of which is suspended, mothballed or completely terminated, but not written off in the prescribed manner;

  — those in operation, for which acceptance certificates have not yet been issued in the prescribed manner.

  For a correct understanding of what an unfinished construction project is, it is important to take into account the legal position developed in Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation”, namely: with permission On the issue of recognizing an object legally under construction as an immovable thing (an object of unfinished construction), it is necessary to establish that at least the foundation construction work or similar work has been completed on it (clause 1 of 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 of Article 133 of the Civil Code of the Russian Federation).

  Thus, an object of unfinished construction is a newly created (at least partially constructed) individually defined real estate object, unfinished construction (on which work is suspended or in progress) and (or) not registered in the cadastral or other register and not registered in the prescribed manner ( work has been stopped or the facility has been mothballed or is actually in operation).

  12. In clause 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, roads, railway lines and other similar structures.

  The main types (categories) of linear objects are listed in the commented paragraph of this article of the Civil Code of the Russian Federation. They are also called in other legislation. So, in paragraph 6 of part 1 of Art. 7 of the Federal Law “On the transfer of lands or land plots from one category to another” provides a slightly more expanded list of types (categories) of linear objects, in connection with which the transfer of agricultural land to another category is allowed in exceptional cases: here, in particular, it talks about roads , and also called oil pipelines, gas pipelines, and other pipelines.

  Subject to compliance with the provisions of Art. 133.1 of the Civil Code of the Russian Federation, a linear object can be recognized as a single real estate complex, which is subject to the legal regime of real estate and indivisible things.

  13. Red lines in paragraph 11 of this article are determined by indicating the existing or planned (changed, newly formed) boundaries of public areas and (or) the boundaries of 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 “public areas” (squares, streets, driveways, embankments, public gardens, etc.) are discussed in more detail in paragraph paragraphs 12 and 14 to this article.

  The purpose of the red lines is to delimit public 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 version 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 boundary separating the territory of a block, 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 need and procedure for using red lines in certain circumstances are determined by a number of articles of the RF Civil Code, as well as by the norms of land and housing legislation. For example, the Civil Code of the Russian Federation provides for the establishment of boundaries of territorial zones taking into account red lines (clause 2, part 2, article 34); inclusion of red lines in the territory planning project (subparagraph “a”, paragraph 1, part 3, article 42); display of red lines in land surveying drawings in order to determine the location of permissible placement of buildings, structures, structures (clauses 1 and 2, part 5, article 43), etc.

  In addition, there is and is in force an Instruction on the procedure for designing and installing red lines in cities and other settlements of the Russian Federation (RDS 30-201-98), approved. Resolution of the State Construction Committee of Russia dated 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 participating in the process of design and subsequent development and development of the territories of cities and other settlements. Compliance with red lines is also mandatory when surveying and inventorying built-up or subject to development lands within the boundaries of a city or other settlement, when drawing up documents by citizens and legal entities for the right of ownership, possession, use and disposal of land plots and other real estate objects, their state registration.

  The types of objects of regional importance to be displayed on the territorial planning diagram are determined by the law of the subject of the Russian Federation in such areas as: transport (rail, water, air), roads of regional or intermunicipal importance; prevention of emergency situations of intermunicipal and regional nature, natural disasters, epidemics and liquidation of their consequences; education; healthcare; physical culture and sports, as well as other areas in accordance with the powers of the constituent entities of the Russian Federation ().

  The types of objects of local importance to be displayed on the territorial planning diagram are also determined by the law of the subject of the Russian Federation in the areas of: electricity and gas supply to settlements (additionally heat and water supply, sewerage - for an urban district); local roads; education; healthcare; physical culture and sports; processing, recycling, neutralization, disposal of solid municipal waste, as well as other areas in connection with resolving issues of local importance (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. The definition, firstly, briefly but clearly describes the parking space itself (parking lot) - this is a specially designated and, if necessary, arranged and equipped place, which is also part of the highway and (or) adjacent to the roadway and (or) sidewalk , roadside, overpass or bridge, secondly, its purpose is indicated - for organized parking of vehicles, thirdly, it is indicated that the parking space can be used for parking both on a paid basis and without charging a fee by the decision of the owner or other owner highway, owner of the land plot.

  In SP 42.13330.2011 “Urban planning. Planning and development of urban and rural settlements. Updated version of SNiP 2.07.01-89”, approved. Order of the Ministry of Regional Development of Russia dated December 28, 2010 N 820 (Appendix B) defines that parking is a temporary stay in the parking lots of vehicles belonging to visitors of objects for various functional purposes, and parking lots are open areas intended for storing or parking cars. Storage parking lots can be equipped with canopies, lightweight box fencing, and viewing platforms. Parking lots can be located off-street (including in the form of pockets when the roadway is widened) or on-street (on the roadway, marked with markings).

  In another SP 113.13330.2012 “Car parking. Updated version of SNiP 21-02-99”, approved. By Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 635/9, (clause 3.1), car parking (parking, parking, parking, garage, garage-parking) 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, strollers, mopeds, scooters, etc.).

  The same SP 113.13330.2012 distinguishes the following parking lots: built-in, built-in-attached, free-standing, attached, underground; closed ground type; open type; modular, prefabricated; floating (landing stage); mechanized; semi-mechanized; bunded, etc.

  The Civil Code of the Russian Federation (clause 3, part 5, article 42) prescribes that the materials for substantiating a territory planning project should contain in graphic form a diagram of the organization of the road network, which could include not only a traffic flow diagram in the relevant territory, but also a diagram placement of parking lots (parking spaces).

  The creation (construction) and equipment of parking lots (parking spaces) near roads and in populated areas helps to strengthen discipline among drivers, maintain cleanliness on highways, 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 Traffic Rules (clause 1.2), approved by Resolution 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. Clause 22 of this article defines who is the technical customer. As is clear from the definition, this is a legal entity that is authorized by the developer (or acts on behalf of the developer) and performs the following functions:
  ———————————
  This paragraph in the commented wording comes into force on July 1, 2017 - see Federal Law of July 3, 2016 N 372-FZ.

  — concludes agreements on the performance of engineering surveys, on the preparation of design documentation, on the construction, reconstruction, major repairs of capital construction projects, prepares assignments for the implementation of these types of work;

  — provides persons performing engineering surveys and (or) preparing project documentation, construction, reconstruction, major repairs of capital construction projects with materials and documents necessary to perform these types of work;

  — approves design documentation;

  — signs the documents necessary to obtain permission to put a capital construction project into operation;

  — carries out other functions provided for by the legislation on urban planning activities.

  According to the law, a legal entity performing 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. Clause 23 provides a definition of the concept “program for the integrated development of communal infrastructure systems of a settlement, urban district” (for the system of communal infrastructure as such, see clause 25 of the commentary to this article). Here we are talking (in relation to the settlement and urban district) about documents establishing lists of measures for the design, construction, reconstruction of electrical, gas, heat, water supply and sewerage systems, as well as facilities used for processing, disposal, neutralization and disposal solid household waste, which makes up the municipal infrastructure system as a whole. Such documents are provided for, respectively, by schemes and programs for the development of a unified national (all-Russian) electric network for the long term, a general scheme for the location of electric power facilities, a federal gasification program, relevant interregional, regional gasification programs, heat supply schemes, water supply and sanitation schemes, as well as territorial schemes in the region 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 government bodies of the corresponding settlement or urban district. The basis for their development is the master plans of such settlements and urban districts. The main requirement for such programs is that they can ensure the balanced, long-term development of utility infrastructure systems in accordance with the needs for the construction of capital construction projects and the reliability and energy efficiency of these systems that meet established requirements, 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 processing, recycling, neutralization and disposal of solid municipal waste.

  Regional programs for the modernization of utility infrastructure systems include, as noted in Part 2 of Art. 16.1 Federal Law “On the Fund for Assistance to the Reform of Housing and Communal Services”, regional programs implemented in the areas of:

  — water supply (in terms of construction and (or) reconstruction of utility 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 utility networks and structures intended for receiving, purifying, transporting and handling sewage sludge);

  — management of solid municipal waste (in terms of construction and (or) reconstruction of engineering structures and their complexes intended for recycling, processing, neutralization and disposal of solid municipal waste);

  — heat supply (in terms of construction and (or) reconstruction of heating networks or thermal energy sources 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 the 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 communal infrastructure system is, firstly, a complex of technologically interconnected objects and engineering structures, secondly, interconnected objects and engineering structures, intended for the supply of goods and provision of services in the areas of electricity, gas, heat, water supply and sewerage to connection points (technological connection) to the relevant engineering systems of capital construction projects within the boundaries, as a rule, of the territories of the relevant municipalities (urban and rural settlements, urban districts). In addition, an integral part of this system are facilities that are used for processing, recycling, neutralization, and burial of solid municipal waste in accordance with the Federal Law “On Industrial and Consumption Waste.”

  The institutional elements of the communal infrastructure system are objects of capital construction (reconstruction, repair) in the field of urban planning activities (these are buildings, structures, structures), and the main functional elements of this system are electricity supply, gas supply, heat supply, water supply and sewerage, as well as processing, disposal , neutralization, disposal of solid municipal waste.

  26. In paragraph 25 of the commented article, in relation to urban planning legislation, a legal description of the concept of “transport hub” (TPU) is given. First of all, the norm-definition outlines the institutional composition of this concept - it is a complex of real estate objects 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 facilities is determined - they should serve to ensure safe and comfortable service for passengers at the places of their transfers from one type of transport to another.

  In other words, a transport hub is a kind of passenger complex that performs the functions of redistributing passenger flows between modes of transport and directions of travel. Typically, a transport hub is formed (built) in large cities under the leadership of regional or local authorities in order to optimize the transportation process (see, for example, Decree of the Moscow Government dated September 6, 2011 N 413-PP “On the formation of transport hubs nodes in the city of Moscow"). As practice shows, a transport hub may include: boarding terminals, interceptor parking, taxi stands, etc.

  27. Clause 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 acceptable 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 an intermunicipal and regional nature, natural disasters, epidemics and their elimination consequences; education; physical education 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) water supply, drainage - for the urban district); roads of local importance; physical education and sports; treatment, disposal, disposal of solid municipal waste, as well as other areas in connection with the solution of issues of local importance - clause 1. 3 Article 19, paragraph 1 Part 5 Article 23);

  b) the maximum permissible 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 paragraph 21 of the commentary to this article);

  2) calculated indicators are established in order to ensure favorable conditions for human life.

  With mandatory consideration of these standards, the preparation of draft territorial planning schemes 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 urban district (see Part 3 of Article 24 GRK RF). Therefore, it is natural that urban planning standards are defined somewhat differently (than in the Civil Code of the Russian Federation) in the Methodological Recommendations 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 municipal facilities, accessibility of such facilities for the population (including people with disabilities), engineering infrastructure, 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 planning standards are approved by the executive body of state power of the constituent entity of the Russian Federation (regional standards) and the representative body of local government (local standards). Urban planning standards are divided into regional and local, which, in turn, include similar standards for a municipal district, settlement and urban district. More detailed and specific content of urban planning 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 integrated development of transport infrastructure and social infrastructure in relation to the settlement and urban district are defined:

  1) in both cases, these are documents establishing lists of measures for the design, construction, reconstruction of transport and social infrastructure facilities of local importance (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 strategy for the socio-economic development of the municipality, plan and program for the comprehensive socio-economic development of the municipality);

  2) in both cases, such comprehensive development programs are developed and approved by local government bodies of the settlement, urban district on the basis of master plans of the settlement, urban district;

  3) both programs must ensure a balanced, long-term development of the transport and social infrastructure of the settlement and urban district, taking into account the needs for the construction of relevant facilities.

  In relation to programs for the comprehensive development of transport infrastructure of a settlement or urban district, a slight difference is 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, healthcare, etc.) make up a significant part of the content of master plans of settlements, urban districts, including maps of the planned location of local facilities, 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 master plans for settlements and urban districts.

  29. Paragraph 29 of the commented article, which defines the concept of “car space,” was introduced into the Civil Code of the Russian Federation by 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 from the current legislation. This novella marked a unique point in legal disputes over the legal regime of this object. In the above definition it is noted that the parking space is intended exclusively for placing a vehicle. The main characteristic 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 rule appeared in Art. 130 of the Civil Code of the Russian Federation, which states that immovable things include residential and non-residential premises, as well as parts of buildings or structures intended to accommodate vehicles (car spaces), if the boundaries of such premises, parts of buildings or structures are described in the legislation established on state cadastral registration procedure.

  Thus, if the boundaries of a parking space are described in accordance with the legislation on state cadastral registration (that is, the object is registered in the cadastral register), then it can be registered in the prescribed manner as an object of real estate.

  Before the establishment of a clear legal regime for parking spaces, there was conflicting practice (including judicial practice) regarding the legal fate of this object. In some cases, a parking space was recognized as an independent piece of real estate, in other cases - not, since it was not limited to building structures (for example, according to SP 113.13330.2012 “Car parking. 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, it was not allowed to separate parking spaces by partitions into separate boxes) and did not constitute a separate non-residential premises, which excluded the possibility of inventorying the object of accounting and preparing 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, major repairs.” Legally, this concept is defined quite simply; this cost is just the amount of money required for the construction, reconstruction, and major repairs of capital construction projects. It is more difficult to answer the question about the size of the estimated cost of construction (reconstruction, major repairs), since it is determined in accordance with estimate standards (these are estimate standards and methods for applying estimate standards and estimated prices of construction resources), which are discussed in paragraph 31 - 33 comments to this article.

  In practice, the estimated cost of construction is initially determined in a document called an estimate. Summary, local, object and other estimates are distinguished. The estimate calculates the amount of construction costs, broken down by expense item (purchase of building materials and components, wages, taxes and other mandatory deductions, business expenses, etc.).

  Estimates are precisely developed for the purpose of determining the amount of funds (i.e., estimated cost) required to finance the capital construction of buildings, structures, and structures. The estimated cost is the basis for determining the size of capital investments, construction investments, and construction financing.

  The estimate, along with technical documentation (determining the volume, content of the work being carried out, etc.) is a mandatory part of the construction contract (see Articles 709, 740, 743 - 746 of the Civil Code of the Russian Federation).

  The estimated cost of construction and installation work 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, production costs are divided into direct and indirect costs. Direct costs include material costs for building materials, products and structures, construction machinery and equipment, transportation costs and labor costs. Indirect costs include all other amounts of expenses necessary for the implementation of the normal construction process, justified by calculations and used to generate income from the statutory activities of the organization. Indirect costs of the contractor in construction include overhead costs, which determine the costs of managing the construction organization and other costs of the contractor, both limited by law (payments for compulsory and voluntary insurance, costs for the mobile nature of work, rotational construction, etc.) and not limited. (cost of 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 Methodology for determining the cost of construction products on the territory of the Russian Federation, approved. Resolution of the State Construction Committee 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, performing repair and commissioning work, as well as setting prices for construction products. In particular, it is stipulated that in the consolidated estimates of the cost of industrial and housing and civil construction, it is recommended to distribute funds into the following chapters:

  1) preparation of the construction site;

  2) main construction projects;

  3) facilities for auxiliary and service purposes;

  4) energy facilities;

  5) transport and communication facilities;

  6) external networks and structures of water supply, sewerage, heat supply and gas supply;

  7) improvement and landscaping of the territory;

  8) temporary buildings and structures;

  9) other work and costs;

  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, operating time of machines and mechanisms installed on the accepted unit of measurement, and other costs. These indicators in relation to the specified and other construction resources are used when determining the estimated cost of construction (see paragraph 30 of the commentary to this article).

  The corresponding 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. Resolution of the State Construction Committee of Russia dated March 5, 2004 N 15/1.

  There are unified and departmental standards and prices (ENiR and VNiR) for construction, installation and repair work, which are part of the general system of production standards and prices in construction. They are divided by type of work and published in separate collections.

  About 40 ENR collections with varying numbers of issues are used in construction and repair and construction industry. Thus, for rationing and remuneration of the labor of piece workers employed directly in carrying out repair and construction work, Collection No. 20 ENiR of two editions is used.

  All collections of norms and prices consist of paragraphs of norms and prices, each of them is assigned a code indicating in which collection and issue this paragraph is placed. EniR codes, in turn, consist of three or two digits indicating the paragraph, issue and collection. The paragraphs include instructions for the production of work, the composition of the work, the composition of units, the number of workers and their categories, the standard of time (labor costs) and prices. The notes to individual paragraphs indicate the corresponding adjustment factors to time standards and prices.

  In this regard, the document “Unified standards and prices for construction, installation and repair work (ENiR) is still relevant. General part", approved. Resolution of the USSR State Construction Committee, the USSR State Labor Committee and the Secretariat of the All-Union Central Council of Trade Unions of December 5, 1986 N 43/512/29-50.

  32. Clause 32 legally explains the concept of “estimated prices of construction resources”. From the definition it follows that this is consolidated, territorially aggregated documented information on the cost of construction resources. It is also characterized by the fact that it is established by calculation for 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, machinery and mechanisms, as well as the labor of workers in construction.

  As noted in paragraph 33 of the commented article, the estimated prices of construction 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, major repairs).

  In conditions of 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 dated October 24, 2008 N 116n). Therefore, prices in the contractual relationship between the customer and the contractor can be changeable and flexible. As noted in Part 4 of Art. 709 of the Civil Code of the Russian Federation, the price of work (estimate) can be approximate or fixed; in the absence of other instructions in the contract, the price of the work is considered fixed.

  33. In paragraph 33 of the commented article, the concept of “budget standards” is defined. As is clear from the definition, these are, on the one hand, estimate standards (see paragraph 31 of the commentary to this article), and on the other, methods for applying estimate standards and estimated prices of construction resources. Accordingly, these standards in their entirety make it possible to evaluate construction resources (labor costs of builders, the need for materials and tools, operating time of equipment, etc.) and are therefore used in determining the estimated cost of construction of buildings, structures, and structures.

  Estimated standards are a kind of generalized name for a set of norms and prices (rates), combined into separate collections. There are four types of estimate standards: state federal estimate standards (GFSN), production and industry estimate standards (POSN), put into effect by ministries and other departments; territorial (regional) estimate standards (TSN), used in the territory of the corresponding region and put into effect by executive authorities of the constituent entities of the Russian Federation; corporate estimate standards (FSN), compiled for individual (primarily government) organizations that are under departmental subordination.

  34. Paragraph 34 of the commented article provides a definition of the concept of “activities for the integrated and sustainable development of the territory.” 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, 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 formulation covers, in fact, all types of construction work, the implementation of which can ensure truly comprehensive and sustainable development of a particular territory, which is the main goal of urban planning activities. 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 innovations have appeared in the Civil Code 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 define the legal regime of the agreement on the comprehensive development of the territory (including for the purpose of constructing economy-class housing). Federal Law of July 3, 2016 N 373-FZ “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 on territory planning and ensuring the integrated and sustainable development of territories and the recognition as invalid of certain provisions of legislative acts of the Russian Federation" stipulates that the integrated development of the territory can be carried out both at the initiative of the legal holders of land plots and (or) real estate objects located within the boundaries of such a territory, and at the initiative of local government bodies (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 spatial planning documents. Legally, this concept is defined simply - it is 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 (Ministry of Construction of the Russian Federation), the Ministry of Finance of the Russian Federation (Ministry of Finance of the Russian Federation).

  In the commented norm of the Law, the types of elements of the planning structure are called a block, microdistrict, district, etc. A more complete list of elements of the planning structure, as well as elements of the street and road network, elements of addressing objects, types of buildings (structures), premises used as address details, was approved by Order of the Ministry of Finance of the Russian Federation of November 5, 2015 N 171n. Based on the Decree of the Government of the Russian Federation of November 19, 2014 N 1221 “On approval of the Rules for assigning, changing and canceling addresses”, this Order records the following elements of the planning structure: shaft, zone (array), quarter, field, microdistrict, embankment, island, park, port, district, garden, square, territory, territory of horticultural, gardening and dacha non-profit partnerships, consumer cooperatives and non-profit partnerships, as well as the territory of real estate and yurt partnerships.