Urban Planning Code of the Russian Federation, current edition. What is the town planning code of the Russian Federation? Making the spatial planning scheme a reality

Documentation

TOWN PLANNING CODE OF THE RUSSIAN FEDERATION

Document with changes made:

Federal Law of July 22, 2005 N 117-FZ (Rossiyskaya Gazeta, N 162, July 27, 2005) (came into force on January 1, 2006);
Federal Law of December 31, 2005 N 199-FZ (Rossiyskaya Gazeta, N 297, December 31, 2005) (came into force on January 1, 2006);
Federal Law of December 31, 2005 N 210-FZ (Rossiyskaya Gazeta, N 297, December 31, 2005) (came into force on January 1, 2006);
Federal Law of June 3, 2006 N 73-FZ (Rossiyskaya Gazeta, N 121, 06/08/2006) (for the procedure for entry into force, see Article 21 of the Federal Law of June 3, 2006 N 73-FZ);
Federal Law of July 27, 2006 N 143-FZ (Rossiyskaya Gazeta, N 165, 07/29/2006);
Federal Law of December 4, 2006 N 201-FZ (Rossiyskaya Gazeta, N 277, 12/08/2006) (for the procedure for entry into force, see Article 40 of the Federal Law of December 4, 2006 N 201-FZ);
Federal Law of December 18, 2006 N 232-FZ (Parliamentary Newspaper, N 214-215, December 21, 2006) (for the procedure for entry into force, see Article 38 of the Federal Law of December 18, 2006 N 232-FZ);
Federal Law of December 29, 2006 N 258-FZ (Rossiyskaya Gazeta, N 297, December 31, 2006) (for the procedure for entry into force, see Article 29 of the Federal Law of December 29, 2006 N 258-FZ);
Federal Law of May 10, 2007 N 69-FZ (Rossiyskaya Gazeta, N 104, 05/18/2007);
Federal Law of July 24, 2007 N 215-FZ (Rossiyskaya Gazeta, N 164, 07/31/2007);
Federal Law of October 30, 2007 N 240-FZ (Rossiyskaya Gazeta, N 248, 07.11.2007) (for the procedure for entry into force, see Article 9 of the Federal Law of October 30, 2007 N 240-FZ);
Federal Law of November 8, 2007 N 257-FZ (Rossiyskaya Gazeta, N 254, November 14, 2007) (for the procedure for entry into force, see Article 63 of the Federal Law of November 8, 2007 N 257-FZ);
Federal Law of December 4, 2007 N 324-FZ (Rossiyskaya Gazeta, N 276, 12/08/2007) (for the procedure for entry into force, see Article 8 of the Federal Law of December 4, 2007 N 324-FZ);
Federal Law of May 13, 2008 N 66-FZ (Rossiyskaya Gazeta, N 105, 05/17/2008) (for the procedure for entry into force, see Article 22 of the Federal Law of May 13, 2008 N 66-FZ);
Federal Law of May 16, 2008 N 75-FZ (Rossiyskaya Gazeta, N 106, 05/20/2008);
Federal Law of July 14, 2008 N 118-FZ (Rossiyskaya Gazeta, N 153, 07/18/2008) (for the procedure for entry into force, see Article 33 of the Federal Law of July 14, 2008 N 118-FZ);
Federal Law of July 22, 2008 N 148-FZ (Rossiyskaya Gazeta, N 158, 07/25/2008) (for the procedure for entry into force, see Article 8 of the Federal Law of July 22, 2008 N 148-FZ);
Federal Law of July 23, 2008 N 160-FZ (Rossiyskaya Gazeta, N 158, 07/25/2008) (came into force on January 1, 2009);
Federal Law of December 25, 2008 N 281-FZ (Rossiyskaya Gazeta, N 266, 12/30/2008) (for the procedure for entry into force, see Article 31 of the Federal Law of December 25, 2008 N 281-FZ);
Federal Law of December 30, 2008 N 309-FZ (Rossiyskaya Gazeta, N 267, December 31, 2008) (for the procedure for entry into force, see Article 49 of the Federal Law of December 30, 2008 N 309-FZ);
Federal Law of July 17, 2009 N 164-FZ (Rossiyskaya Gazeta, N 134, 07/23/2009) (for the procedure for entry into force, see Article 11 of the Federal Law of July 17, 2009 N 164-FZ);
Federal Law of November 23, 2009 N 261-FZ (Rossiyskaya Gazeta, N 226, November 27, 2009) (for the procedure for entry into force, see Article 49 of the Federal Law of November 23, 2009 N 261-FZ);
Federal Law of December 27, 2009 N 343-FZ (Rossiyskaya Gazeta, N 252, 12/29/2009);
Federal Law of July 27, 2010 N 226-FZ (Rossiyskaya Gazeta, N 169, 08/02/2010) (for the procedure for entry into force, see Article 7 of the Federal Law of July 27, 2010 N 226-FZ);
Federal Law of July 27, 2010 N 240-FZ (Rossiyskaya Gazeta, N 169, 08/02/2010) (for the procedure for entry into force, see Article 9 of the Federal Law of July 27, 2010 N 240-FZ);
Federal Law of November 22, 2010 N 305-FZ (Rossiyskaya Gazeta, N 268, November 26, 2010);
Federal Law of November 29, 2010 N 314-FZ (Rossiyskaya Gazeta, N 274, 12/03/2010);
Federal Law of March 20, 2011 N 41-FZ (Rossiyskaya Gazeta, N 63, 03/25/2011) (for the procedure for entry into force, see Article 12 of the Federal Law of March 20, 2011 N 41-FZ);
Federal Law of April 21, 2011 N 69-FZ (Rossiyskaya Gazeta, N 88, 04/25/2011) (for the procedure for entry into force, see Article 10 of the Federal Law of April 21, 2011 N 69-FZ);
Federal Law of July 1, 2011 N 169-FZ (Rossiyskaya Gazeta, N 142, 07/04/2011) (for the procedure for entry into force, see Article 74 of the Federal Law of July 1, 2011 N 169-FZ);
Federal Law of July 11, 2011 N 190-FZ (Rossiyskaya Gazeta, N 153, 07/15/2011) (for the procedure for entry into force, see Article 42 of the Federal Law of July 11, 2011 N 190-FZ);
Federal Law of July 11, 2011 N 200-FZ (Rossiyskaya Gazeta, N 153, 07/15/2011) (for the procedure for entry into force, see Article 56 of the Federal Law of July 11, 2011 N 200-FZ);
Federal Law of July 18, 2011 N 215-FZ (Rossiyskaya Gazeta, N 159, 07/22/2011) (for the procedure for entry into force, see Article 11 of the Federal Law of July 18, 2011 N 215-FZ);
Federal Law of July 18, 2011 N 224-FZ (Rossiyskaya Gazeta, N 159, 07/22/2011) (for the procedure for entry into force, see Article 6 of the Federal Law of July 18, 2011 N 224-FZ);
Federal Law of July 18, 2011 N 242-FZ (Rossiyskaya Gazeta, N 160, 07/25/2011) (for the procedure for entry into force, see Article 71 of the Federal Law of July 18, 2011 N 242-FZ);
Federal Law of July 18, 2011 N 243-FZ (Rossiyskaya Gazeta, N 159, 07/22/2011);
Federal Law of July 19, 2011 N 246-FZ (Rossiyskaya Gazeta, N 159, 07/22/2011);
Federal Law of July 21, 2011 N 257-FZ (Rossiyskaya Gazeta, N 161, 07/26/2011) (for the procedure for entry into force, see Article 8 of the Federal Law of July 21, 2011 N 257-FZ);
Federal Law of November 28, 2011 N 337-FZ (Official Internet portal of legal information www.pravo.gov.ru, November 29, 2011) (for the procedure for entry into force, see Article 18 of the Federal Law of November 28, 2011 N 337- Federal Law);
Federal Law of November 30, 2011 N 364-FZ (Official Internet portal of legal information www.pravo.gov.ru, 12/01/2011);
Federal Law of December 6, 2011 N 401-FZ (Official Internet portal of legal information www.pravo.gov.ru, 06.12.2011) (for the procedure for entry into force, see Article 20 of the Federal Law of December 6, 2011 N 401- Federal Law);
Federal Law of June 25, 2012 N 93-FZ (Official Internet portal of legal information www.pravo.gov.ru, June 25, 2012);
Federal Law of July 20, 2012 N 120-FZ (Official Internet portal of legal information www.pravo.gov.ru, July 23, 2012);
Federal Law of July 28, 2012 N 133-FZ (Official Internet portal of legal information www.pravo.gov.ru, July 30, 2012) (for the procedure for entry into force, see Article 41 of the Federal Law of July 28, 2012 N 133- Federal Law);
Federal Law of November 12, 2012 N 179-FZ (Official Internet portal of legal information www.pravo.gov.ru, November 13, 2012);
Federal Law of December 30, 2012 N 289-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2012) (for the procedure for entry into force, see Article 9 of Federal Law of December 30, 2012 N 289- Federal Law);
Federal Law of December 30, 2012 N 294-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2012) (for the procedure for entry into force, see Article 7 of Federal Law of December 30, 2012 N 294- Federal Law);
Federal Law of December 30, 2012 N 318-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2012);
Federal Law of March 4, 2013 N 21-FZ (Official Internet portal of legal information www.pravo.gov.ru, 03/04/2013);
Federal Law of March 4, 2013 N 22-FZ (Official Internet portal of legal information www.pravo.gov.ru, 03/04/2013) (for the procedure for entry into force, see Article 11 of the Federal Law of March 4, 2013 N 22- Federal Law);
Federal Law of April 5, 2013 N 43-FZ (Official Internet portal of legal information www.pravo.gov.ru, 04/08/2013);
Federal Law of June 7, 2013 N 113-FZ (Official Internet portal of legal information www.pravo.gov.ru, 06/07/2013) (for the procedure for entry into force, see Article 10 of Federal Law of June 7, 2013 N 113- Federal Law);
Federal Law of July 2, 2013 N 185-FZ (Official Internet portal of legal information www.pravo.gov.ru, 07/08/2013) (for the procedure for entry into force, see Article 163 of the Federal Law of July 2, 2013 N 185- Federal Law);
Federal Law of July 2, 2013 N 188-FZ (Official Internet portal of legal information www.pravo.gov.ru, 07/03/2013);
Federal Law of July 23, 2013 N 207-FZ (Official Internet portal of legal information www.pravo.gov.ru, July 23, 2013) (for the procedure for entry into force, see Article 6 of the Federal Law of July 23, 2013 N 207- Federal Law);
Federal Law of July 23, 2013 N 247-FZ (Official Internet portal of legal information www.pravo.gov.ru, July 24, 2013);
Federal Law of October 21, 2013 N 282-FZ (Official Internet portal of legal information www.pravo.gov.ru, October 21, 2013);
Federal Law of December 28, 2013 N 396-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2013) (for the procedure for entry into force, see Article 48 of the Federal Law of December 28, 2013 N 396- Federal Law);
Federal Law of December 28, 2013 N 418-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 30, 2013) (for the procedure for entry into force, see Article 6 of Federal Law of December 28, 2013 N 418- Federal Law);
Federal Law of April 2, 2014 N 65-FZ (Official Internet portal of legal information www.pravo.gov.ru, 04/02/2014);
Federal Law of April 20, 2014 N 80-FZ (Official Internet portal of legal information www.pravo.gov.ru, 04/21/2014);
Federal Law of May 5, 2014 N 131-FZ (Official Internet portal of legal information www.pravo.gov.ru, 05/05/2014);
Federal Law of June 28, 2014 N 180-FZ (Official Internet portal of legal information www.pravo.gov.ru, 06/30/2014);
Federal Law of June 28, 2014 N 181-FZ (Official Internet portal of legal information www.pravo.gov.ru, 06/30/2014);
Federal Law of July 21, 2014 N 217-FZ (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) (for the procedure for entry into force, see Article 15 of Federal Law of July 21, 2014 N 217- Federal Law);
Federal Law of July 21, 2014 N 224-FZ (Official Internet portal of legal information www.pravo.gov.ru, July 22, 2014) (for the procedure for entry into force, see Article 8 of Federal Law of July 21, 2014 N 224- Federal Law);
Federal Law of October 22, 2014 N 320-FZ (Official Internet portal of legal information www.pravo.gov.ru, October 23, 2014, N 0001201410230006);
Federal Law of October 14, 2014 N 307-FZ (Official Internet portal of legal information www.pravo.gov.ru, October 15, 2014, N 0001201410150002) (for the procedure for entry into force, see Article 36 of the Federal Law of October 14, 2014 N 307-FZ);
Federal Law of October 22, 2014 N 315-FZ (Official Internet portal of legal information www.pravo.gov.ru, October 23, 2014, N 0001201410230005) (for the procedure for entry into force, see Article 18 of the Federal Law of October 22, 2014 N 315-FZ);
Federal Law of November 24, 2014 N 359-FZ (Official Internet portal of legal information www.pravo.gov.ru, November 25, 2014, N 0001201411250018);
Federal Law of December 29, 2014 N 456-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 29, 2014, N 0001201412290005) (came into force on January 1, 2015);
Federal Law of December 29, 2014 N 485-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 29, 2014, N 0001201412290016);
Federal Law of December 31, 2014 N 533-FZ (Official Internet portal of legal information www.pravo.gov.ru, December 31, 2014, N 0001201412310102).

Chapter 1. General provisions (Articles 1-5)

Chapter 2. Powers of state authorities of the Russian Federation,

government bodies of the constituent entities of the Russian Federation, bodies

local self-government in the field of urban planning activities (Articles 6 - 8.2)

Chapter 3. Territorial planning (Articles 9 - 29)

Chapter 3.1. Urban planning standards (Articles 29.1 - 29.4)

Chapter 4. Urban zoning (Articles 30 - 40)

Chapter 5. Territory planning (Articles 41 - 46.8)

Chapter 6. Architectural and construction design, construction,

reconstruction of capital construction projects (Articles 47 - 55)

Article 49. Examination of design documentation and results of engineering surveys, state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, on specially protected natural areas in the Baikal natural territory.

Chapter 6.1. Self-regulation in the field of engineering surveys,

architectural and construction design, construction, reconstruction,

capital repairs of capital construction projects (Articles 55.1 - 55.23)

Article 55.2. Acquisition by a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects the right to issue certificates of admission to work that affect the safety of capital construction projects, termination of such right.
Article 55.4. Requirements for a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects, necessary to acquire the right to issue certificates of admission to work that affect the safety of capital construction projects.
Article 55.13. Control of a self-regulatory organization over the activities of its members. Article 55.15. Application by a self-regulatory organization of disciplinary measures against members of a self-regulatory organization. Article 55.17. Maintaining a register of members of a self-regulatory organization. Article 55.19. State supervision over the activities of self-regulatory organizations. Article 55.21. All-Russian Congress of Self-Regulatory Organizations. Article 55.22. Council of the National Association of Self-Regulatory Organizations. Article 55.24. Requirements of the legislation of the Russian Federation for the operation of buildings and structures. Article 55.27. An agreement on the development of territory for the purpose of construction and operation of a rented house for social use, an agreement on the development of territory for the purpose of construction and operation of a rented house for commercial use. Article 55.29. Requirements for auction participants for the right to conclude an agreement on the development of territory for the purpose of construction and operation of a rented house for commercial use, an agreement on the development of territory for the purpose of construction and operation of a rented house for social use.

Chapter 7. Information support

urban planning activities (Articles 56 - 57.1)

Article 56. Information systems for supporting urban planning activities.
Article 57. The procedure for maintaining information systems for supporting urban planning activities and providing information about information systems for supporting urban planning activities.
Article 57.1. Federal State Information System for Territorial Planning.

Chapter 8. Responsibility for violation of the law

on urban planning activities (Articles 58 - 62)

Article 58. Responsibility for violation of legislation on urban planning activities.
Article 59. Compensation for damage caused to the life or health of individuals, property of individuals or legal entities during the implementation of territorial planning and urban zoning.
Article 60. Compensation for harm caused as a result of destruction, damage to a capital construction project, violation of safety requirements during the construction of a capital construction project, requirements for ensuring the safe operation of a building or structure.
Article 61. Compensation for damage caused to the life, health or property of individuals.
Article 62. Investigation of cases of harm to the life or health of individuals, property of individuals or legal entities as a result of violation of legislation on urban planning activities.

Chapter 9. Features of the implementation of urban planning activities in the constituent entities

Russian Federation - federal cities of Moscow and St. Petersburg (Article 63)

Article 63. Features of the implementation of urban planning activities in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg.

The president
Russian Federation
V.Putin

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

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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,, 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).

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 support necessary 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) improvement of the territory - activities for the implementation of a set of measures established by the rules for improvement of the territory of the municipality, aimed at ensuring and increasing the comfort of living conditions for citizens, maintaining and improving the sanitary and aesthetic condition of the territory of the municipality, maintaining the territories of settlements and 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, 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 carrying out 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 natures and industry affiliations. 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 owners of land plots, 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 at 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 effect 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, information technology, 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 the 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 residence of people; 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 border 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 sport; 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:
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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. Paragraph 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 paragraph 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 fields 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 accommodating 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 real estate includes 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 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, listed 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 according to 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 the 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 livelihoods 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1) 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);

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

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;

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

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

6) information on the standard frequency of work on major repairs of a capital construction 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Commentary to Art. 48 Civil Code of the Russian Federation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The technical specifications must contain the following data:

— maximum load at possible connection points;

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

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

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

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

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

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

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

Since January 1, 2006, fees for connection to utility networks are determined in accordance with Federal Law of December 30, 2004 N 210-FZ “On the basis for regulating tariffs of public utility organizations”, in accordance with clause 11 of Art. 2 of which the fee for connecting to engineering support networks is the fee paid by persons carrying out the construction of a building, structure, structure, other object, as well as the fee paid by persons carrying out the reconstruction of a building, structure, structure, other object, in if this reconstruction entails an increase in the consumed load of the reconstructed building, structure, structure, or other facility.
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NW RF. 2005. N 1 (part 1). Art. 36.

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

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

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

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

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

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

— submission by the customer of an application for connection;

— conclusion of a connection agreement;

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

— fulfillment by the customer of connection conditions;

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

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

— fulfillment of the conditions for the supply of resources.

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

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

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

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

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

— title documents for the land plot;

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

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

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

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

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

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

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

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

It should be noted that before the implementation of technical regulations, design documentation must be developed in accordance with the requirements of the law, regulatory technical documents to the extent that does not contradict the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation” and the Civil Code of the Russian Federation.

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

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

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

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

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

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

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

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

At present, these issues have not been fully resolved by the Government of the Russian Federation. Decree of the Government of the Russian Federation dated February 16, 2008 N 87 approved the Regulations on the composition of sections of project documentation and requirements for their content. When preparing project documentation, one should also be guided by departmental regulations, construction and sanitary standards and rules, as well as state standards. Particularly among such documents should be noted SNiP 11-01-95 “Instructions on the procedure for the development, coordination, approval and composition of design documentation for the construction of enterprises, buildings and structures” (adopted by Resolution of the Ministry of Construction of Russia of June 30, 1995 N 18-64 and canceled Resolution of the State Construction Committee of Russia dated February 17, 2003 No. 18). Despite the fact that these SNiPs were cancelled, according to the letter of the Gosstroy of Russia dated March 20, 2003 N SK-1692/3, until the approval of federal construction regulations governing the implementation of pre-design and design work, it is possible to use previously existing SNiP 11- 01-95 and SNiP 11-101-95 “The procedure for the development, approval, approval and composition of justifications for investments in the construction of enterprises, buildings and structures” (adopted by Resolution of the Ministry of Construction of Russia dated June 30, 1995 N 18-63 and canceled by the Resolution of the State Construction Committee of Russia dated July 12, 2002 N 86). In fact, these SNiPs remain the only document containing general requirements for design documentation. However, it should be remembered that they can be used only to the extent that does not contradict the Civil Code of the Russian Federation, Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, other federal laws and regulations of the Government of the Russian Federation.
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For example, Rules for the design and safe operation of process pipelines (approved by Resolution of the Gosgortekhnadzor of Russia dated June 10, 2003 N 80), Industrial Safety Rules for explosion-hazardous production facilities for storing, processing and using plant raw materials (approved by Resolution of the Gosgortekhnadzor of Russia dated June 10, 2003 . N 85), Instructions on the composition, procedure for development, coordination and approval of design estimates for major repairs of residential buildings (approved by Resolution of the State Construction Committee of Russia dated December 17, 1999 N 79), SNiP 11-03-2001 “Standard design documentation” "(adopted by Resolution of the State Construction Committee of Russia dated November 29, 2001 N 122), SNiP 2.01.15-90 "Engineering protection of territories, buildings and structures from hazardous geological processes. Basic provisions of design" (approved by the Decree of the USSR State Construction Committee dated December 29, 1990 N 118), SNiP 31-03-2001 "Industrial buildings" (adopted by the Decree of the Russian State Construction Committee dated March 19, 2001 N 20), SNiP 21-01- 97 “Fire safety of buildings and structures” (approved by Resolution of the Ministry of Construction of Russia dated February 13, 1997 N 18-7; as amended on June 3, 1999, June 19, 2000), Code of Practice for the design and construction of SP 11 -111-99 “Development, coordination, approval, composition of design and planning documentation for the development of low-rise housing construction areas” (approved by Resolution of the State Construction Committee of Russia dated December 30, 1999 N 94), Sanitary and Epidemiological Rules and Standards SanPiN 2.1.2.1002- 00 “Sanitary and epidemiological requirements for residential buildings and premises” (approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000), establishing sanitary requirements that must be observed during the design, reconstruction, construction, and maintenance of operated residential buildings and premises, SanPiN 2.2.3.1384-03 “Hygienic requirements for the organization of construction production and construction work” (approved. Chief State Sanitary Doctor of the Russian Federation on June 11, 2003), Sanitary rules and regulations “Zones of sanitary protection of water supply sources and drinking water pipelines. SanPiN 2.1.4.1110-02" (approved by the Chief State Sanitary Doctor of the Russian Federation on February 26, 2002), SanPiN 2.1.6.1032-01 "Hygienic requirements for ensuring the quality of atmospheric air in populated areas" (approved by the Chief State Sanitary Doctor of the Russian Federation on May 17, 2001 g.), SanPiN 2.2.4/2.1.8.055-96 “Electromagnetic radiation of the radio frequency range (RF EMF)”, Sanitary and epidemiological rules and regulations “Hygienic requirements for the placement and operation of transmitting radio engineering facilities. SanPiN 2.1.8/2.2.4.1383-03" (introduced by the Decree of the Chief State Sanitary Doctor of the Russian Federation of June 9, 2003 N 135 from June 30, 2003), SN 2.2.4/2.1.8.562-96 "Noise in the workplace , in the premises of residential and public buildings and in residential areas", SN 2.2.4/2.1.8.566-96 "Industrial vibration, vibration in the premises of residential and public buildings", SN 2.2.4/2.1.8.583-96 "Infrasound on workplaces, in residential and public buildings and in residential areas", SN 2605-82 "Sanitary norms and rules for providing insolation to residential and public buildings and residential areas", SanPiN 4723-88 "Sanitary rules for the design and operation of a centralized hot water system water supply", SN 2971-84 "Sanitary norms and rules for protecting the population from the effects of the electric field created by overhead power lines of alternating current of industrial frequency", List of materials and structures approved for use in construction by the USSR Ministry of Health N 3859-85, GN 2.1. 6.1338-03 “Maximum permissible concentrations (MAC) of pollutants in the atmospheric air of populated areas” (approved. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated May 30, 2003 N 114), GN 2.6.1.758-99 “Radiation Safety Standards (NRB-99)”, GOST 30494-96 “Residential and public buildings. Indoor microclimate parameters", SNiP 2.07.01-89* "Urban planning. Planning and development of urban and rural settlements", SNiP 2.08.01-89* "Residential buildings", SNiP 2.04.05-91 "Heating, ventilation, air conditioning", SNiP 2.04.01-85* "Internal water supply and sewerage of buildings" , SNiP 23-05-95 “Natural and artificial lighting”, SNiP 23-01-99 “Building climatology” (put into effect by Decree of the State Construction Committee of Russia dated June 11, 1999 N 45), SNiP 2.06.01-86 “Hydraulic structures . Basic design provisions" (approved by Decree of the USSR State Construction Committee dated May 28, 1986 N 71), SNiP 3.04.03-85 "Protection of building structures and structures from corrosion", SN 517-80 "Instructions for the design and construction of avalanche protective structures" and etc.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Collections of State Elementary Estimated Standards for Civil Works (GESN-2001) were approved by Resolution of the State Construction Committee of Russia dated October 11, 2000 N 102.
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Rationing in construction and housing and communal services. 2000. N 5.

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

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

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

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

Construction Equipment Bulletin. 2000. N 1.

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

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

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

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

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

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

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

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

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

Documentation

Town Planning Code· · General plan · Layout project · Land surveying project · GPZU

Basic instruments of urban regulation

Types of urban developments

acc. from Part 1 Art. 9 GSK RF 2004 territorial planning is aimed at definition in territorial planning documents purpose of territories based on a combination of social, economic, environmental and other factors in order to ensure the sustainable development of territories, the development of engineering, transport and social infrastructure, ensuring that the interests of citizens and their associations, the Russian Federation, constituent entities of the Russian Federation, and municipalities are taken into account.

Part 1 art. 9 GSK RF 2004 provides for the following territorial planning documents:

4. Relations related to the creation of artificial land plots.
Territorial planning schemes for constituent entities of the Russian Federation;
Territorial planning schemes for municipalities:
- Spatial planning schemes for municipal districts,
- Master plans for urban and rural settlements,

On September 1, 2011, Art. 57.1 GSK RF 2004, providing for the creation Spatial planning schemes for municipal districts,, 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.

Urban zoning

Urban planning zoning (clause 6 of article 1 of the Civil Code of the Russian Federation 2004) - zoning of the territories of municipalities in order to determine territorial zones and establish urban planning regulations.

Rules of land use and development - a document of urban planning zoning, which is approved by regulatory legal acts of local self-government bodies, regulatory legal acts of state authorities of constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg and which establishes territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for entering amendments to it (clause 8 of article 1 of the Civil Code of the Russian Federation 2004).

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, 2004).

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 2004).

Preparation of a 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 2004).

Preparation of land surveying projects 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, 2004).

Preparation of urban planning plans for land plots is carried out in relation to built-up or intended for construction, reconstruction of capital construction projects