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;
(as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated December 29, 2017 N 463-FZ, dated August 3, 2018 N 340-FZ)
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;
(as amended by Federal Law dated March 20, 2011 N 41-FZ)
3) sustainable development of territories - ensuring safety and favorable conditions for human life during urban planning activities, limiting the negative impact of economic and other activities on the environment and ensuring the protection and rational use of natural resources in the interests of present and future generations;
4) zones with special conditions 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;
(as amended by Federal Laws dated July 14, 2008 N 118-FZ, dated October 21, 2013 N 282-FZ, dated July 1, 2017 N 135-FZ, dated July 29, 2017 N 222-FZ)
5) functional zones - zones for which boundaries and functional purposes 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;
9) 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) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects, restrictions on the use of land plots and capital construction projects, as well as in relation to territories within the boundaries of which it is planned to carry out activities for the integrated and sustainable development of the territory, calculated indicators of the minimum permissible level of security the corresponding territory with objects of communal, transport, social infrastructure and calculated indicators of the maximum permissible level of territorial accessibility of these objects for the population;
(as amended by Federal Law dated July 3, 2016 N 373-FZ)
10) capital construction facility - a building, structure, structure, objects whose construction has not been completed (hereinafter referred to as unfinished construction objects), with the exception of non-capital buildings, structures and inseparable improvements to the land plot (paving, covering and others);
(as amended by Federal Law dated August 3, 2018 N 342-FZ)
10.1) linear objects - power lines, communication lines (including linear cable structures), pipelines, highways, railway lines and other similar structures;
(clause 10.1 introduced by Federal Law dated July 3, 2016 N 373-FZ)
10.2) non-permanent buildings, structures - buildings, structures that do not have a strong connection with the ground and whose design characteristics allow their movement and (or) dismantling and subsequent assembly without disproportionate damage to the purpose and without changing the main characteristics of buildings, structures (including kiosks, canopies and other similar buildings and structures);
(clause 10.2 introduced by Federal Law dated August 3, 2018 N 342-FZ)
11) red lines - lines that indicate existing, planned (changed, newly formed) boundaries of public areas and (or) boundaries of territories occupied by linear objects and (or) intended for the placement of linear objects;
(Clause 11 as amended by Federal Law dated July 3, 2016 N 373-FZ)
12) public areas - territories that are freely used by an unlimited number of people (including squares, streets, driveways, embankments, shorelines of public water bodies, squares, boulevards);
(as amended by Federal Law dated July 19, 2011 N 246-FZ)
13) construction - the creation of buildings, structures, structures (including on the site of demolished capital construction projects);
14) reconstruction of capital construction objects (except for linear objects) - changing the parameters of a capital construction object, its parts (height, number of floors, area, volume), including superstructure, restructuring, expansion of a capital construction object, as well as replacement and (or ) restoration of load-bearing building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements;
(Clause 14 as amended by Federal Law dated November 28, 2011 N 337-FZ)
14.1) reconstruction of linear objects - a change in the parameters of linear objects or their sections (parts), which entails a change in the class, category and (or) initially established indicators of the functioning of such objects (power, carrying capacity, etc.) or which requires a change in the boundaries of right of way and (or) security zones of such objects;
(clause 14.1 introduced by Federal Law dated July 18, 2011 N 215-FZ)
14.2) major repairs of capital construction projects (except for linear objects) - replacement and (or) restoration of building structures of capital construction projects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering support systems and engineering networks - technical support for capital construction projects or their elements, as well as the replacement of individual elements of load-bearing building structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements;
(clause 14.2 introduced by Federal Law dated July 18, 2011 N 215-FZ)
14.3) major repairs of linear objects - a change in the parameters of linear objects or their sections (parts), which does not entail a change in the class, category and (or) initially established indicators of the functioning of such objects and which does not require changing the boundaries of right of way and (or) security zones of such objects;
(clause 14.3 introduced by Federal Law dated July 18, 2011 N 215-FZ)
14.4) demolition of a capital construction project - liquidation of a capital construction project by its destruction (except for destruction due to natural phenomena or illegal actions of third parties), dismantling and (or) dismantling of a capital construction project, including its parts;
(clause 14.4 introduced by Federal Law dated August 3, 2018 N 340-FZ)
15) engineering surveys - study of natural conditions and factors of man-made impact for the purpose of rational and safe use of territories and land plots within their boundaries, preparation of data to justify the materials necessary for territorial planning, territory planning and architectural and construction design;
16) developer - an individual or legal entity that provides government bodies (state bodies), the State Atomic Energy Corporation, on a land plot owned by him or on a land plot of another right holder (to whom, when making budget investments in capital construction projects of state (municipal) property, 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) construction, reconstruction, major repairs, demolition capital construction projects, as well as performing engineering surveys, preparing design documentation for their construction, reconstruction, and major repairs. The developer has the right to transfer its functions provided for by the legislation on urban planning activities to the technical customer;
(as amended by Federal Laws dated December 28, 2013 N 418-FZ, dated July 13, 2015 N 216-FZ, dated July 3, 2016 N 372-FZ, dated August 3, 2018 N 340-FZ)
17) a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs, demolition of capital construction projects (hereinafter also referred to as a self-regulatory organization) - a non-profit organization created in the form of an association (union) and based on the membership of individual entrepreneurs and (or) legal entities carrying out engineering surveys or preparing project documentation or construction, reconstruction, major repairs, demolition of capital construction projects under contracts for the performance of engineering surveys, for the preparation of project documentation, for construction, reconstruction, major repairs, demolition of capital construction projects , concluded with the developer, technical customer, person responsible for the operation of the building, structure, or with a specialized non-profit organization that carries out activities aimed at ensuring the overhaul of common property in apartment buildings (hereinafter referred to as the regional operator);
18) objects of federal significance - capital construction objects, other objects, territories that are necessary for the exercise of powers on issues within the jurisdiction of the Russian Federation, state authorities of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decisions of the President of the Russian Federation, decisions of the Government of the Russian Federation, and have a significant impact on the socio-economic development of the Russian Federation. The types of objects of federal significance to be displayed on territorial planning diagrams of the Russian Federation in the areas specified in Part 1 of Article 10 of this Code are determined by the Government of the Russian Federation, with the exception of objects of federal significance in the field of national defense and state security. The types of objects of federal significance in the field of national defense and state security to be displayed on territorial planning diagrams of the Russian Federation are determined by the President of the Russian Federation;
(Clause 18 introduced by Federal Law dated March 20, 2011 N 41-FZ)
19) objects of regional significance - capital construction objects, other objects, territories that are necessary for the exercise of powers on issues within the jurisdiction of a constituent entity of the Russian Federation, state authorities of a constituent entity of the Russian Federation by the Constitution of the Russian Federation, federal constitutional laws, federal laws, the constitution (charter ) of a subject of the Russian Federation, laws of a subject of the Russian Federation, decisions of the highest executive body of state power of a subject of the Russian Federation, and have a significant impact on the socio-economic development of a subject of the Russian Federation. The types of objects of regional significance in the areas specified in Part 3 of Article 14 of this Code, subject to display on the territorial planning diagram of a constituent entity of the Russian Federation, are determined by the law of the constituent entity of the Russian Federation;
(Clause 19 introduced by Federal Law dated March 20, 2011 N 41-FZ)
20) objects of local significance - capital construction objects, other objects, territories that are necessary for the exercise of powers by local government bodies on issues of local significance and within the limits of transferred state powers in accordance with federal laws, the law of a constituent entity of the Russian Federation, the charters of municipalities and have a significant impact influence on the socio-economic development of municipal areas, settlements, urban districts. Types of objects of local significance of a municipal district, settlement, urban district in the areas specified in paragraph 1 of part 3 of Article 19 and paragraph 1 of part 5 of Article 23 of this Code, subject to display on the territorial planning diagram of the municipal district, master plan of the settlement, master plan of the urban district, are determined law of the subject of the Russian Federation;
(Clause 20 introduced by Federal Law dated March 20, 2011 N 41-FZ)
21) parking (parking space) - a specially designated and, if necessary, arranged and equipped place, which is also part of a highway and (or) adjacent to the roadway and (or) sidewalk, shoulder, overpass or bridge, or is part of underpasses or underbridges spaces, squares and other objects of the road network and intended for organized parking of vehicles on a paid basis or without charging a fee by decision of the owner or other owner of the highway, owner of the land plot;
(Clause 21 introduced by Federal Law dated 04/21/2011 N 69-FZ; as amended by Federal Law dated 07/03/2016 N 315-FZ)
22) technical customer - a legal entity that is authorized by the developer and on behalf of the developer enters into agreements on the performance of engineering surveys, on the preparation of project documentation, on construction, reconstruction, major repairs, demolition of capital construction projects, prepares assignments for the implementation of these types of work, provides persons carrying out engineering surveys and (or) preparing design documentation, construction, reconstruction, major repairs, demolition of capital construction projects, materials and documents necessary to carry out these types of work, approves design documentation, signs documents necessary to obtain permission to enter the facility capital construction into operation, carries out other functions provided for by the legislation on urban planning activities (hereinafter also referred to as the functions of a technical customer). The functions of a technical customer can only be performed by a member of a self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs, demolition of capital construction projects, with the exception of cases provided for in part 2.1 of article 47, part 4.1 of article 48, parts 2.1 and 2.2 of Article 52, parts 5 and 6 of Article 55.31 of this Code;
(as amended by Federal Laws dated July 3, 2016 N 372-FZ, dated August 3, 2018 N 340-FZ)
23) programs for the integrated development of communal infrastructure systems of a settlement, urban district - documents establishing lists of measures for the design, construction, reconstruction of electrical, gas, heat, water supply and sewerage systems, facilities used for processing, recycling, neutralization and disposal of solids household waste, which 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, territorial schemes in the region waste management, including municipal solid waste. Programs for the integrated development of communal infrastructure systems of a settlement, urban district are developed and approved by local government bodies of the settlement, urban district on the basis of master plans for such settlements, urban districts approved in the manner established by this Code and must ensure the balanced, long-term development of communal infrastructure systems in accordance with needs in 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 fields of electricity, gas, heat, water supply and sanitation , as well as services for processing, recycling, neutralization and disposal of solid municipal waste;
(Clause 23 introduced by Federal Law dated December 30, 2012 N 289-FZ, as amended by Federal Laws dated December 29, 2014 N 456-FZ, dated December 29, 2014 N 458-FZ)
24) communal infrastructure system - a complex of technologically 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 engineering electrical systems , gas, heat, water supply and sanitation of capital construction projects, as well as facilities used for processing, recycling, neutralization, and disposal of solid municipal waste;
(Clause 24 introduced by Federal Law dated December 30, 2012 N 289-FZ; as amended by Federal Law dated December 29, 2014 N 458-FZ)
25) transport hub - a complex of real estate objects, including a land plot or several land plots with transport infrastructure facilities located on, above or below them, as well as other objects designed to ensure safe and comfortable service for passengers in their places transfers from one type of transport to another;
(Clause 25 introduced by Federal Law dated 04/05/2013 N 43-FZ)
26) urban planning design standards - a set of calculated indicators established in order to ensure favorable conditions for human life of the minimum permissible level of provision with objects provided for in parts 1, 3 and 4 of Article 29.2 of this Code, the population of the constituent entities of the Russian Federation, municipalities and calculated indicators of the maximum permissible level of territorial accessibility such facilities for the population of the constituent entities of the Russian Federation, municipalities;
(Clause 26 introduced by Federal Law dated 05.05.2014 N 131-FZ)
27) programs for the integrated development of transport infrastructure of a settlement, urban district - documents establishing lists of measures for the design, construction, reconstruction of transport infrastructure facilities of local significance of a settlement, urban district, which are also provided for by state and municipal programs, the strategy of socio-economic development of the municipality and the plan measures to implement the strategy for the socio-economic development of the municipality (if data from the strategy and plan are available), a plan and program for the comprehensive socio-economic development of the municipality, investment programs of subjects of natural monopolies in the field of transport. Programs for the integrated development of the transport infrastructure of a settlement, urban district are developed and approved by local government bodies of the settlement, urban district on the basis of master plans of the settlement, urban district approved in the manner established by this Code and must ensure balanced, long-term development of the transport infrastructure of the settlement, urban district in accordance with the needs for construction and reconstruction of local transport infrastructure facilities;
(Clause 27 introduced by Federal Law dated December 29, 2014 N 456-FZ)
28) programs for the comprehensive development of social infrastructure of a settlement, urban district - documents establishing lists of measures for the design, construction, reconstruction of social infrastructure facilities of local significance of a settlement, urban district, which are also provided for by state and municipal programs, the strategy of socio-economic development of the municipality and the plan measures to implement the strategy for the socio-economic development of the municipality (if data from the strategy and plan are available), a plan and program for the comprehensive socio-economic development of the municipality. Programs for the integrated development of the social infrastructure of a settlement, urban district are developed and approved by local government bodies of the settlement, urban district on the basis of master plans of the settlement, urban district approved in the manner established by this Code and must ensure balanced, long-term development of the social infrastructure of the settlement, urban district in accordance with the needs for the construction of social infrastructure facilities of local importance;
(Clause 28 introduced by Federal Law dated December 29, 2014 N 456-FZ)
29) parking space - an individually defined part of a building or structure intended exclusively for placing a vehicle, which is not limited or partially limited by a building or other enclosing structure and the boundaries of which are described in the manner established by the legislation on state cadastral registration.
(Clause 29 introduced by Federal Law dated July 3, 2016 N 315-FZ)
30) the estimated cost of construction, reconstruction, major repairs, demolition of capital construction projects, work to preserve cultural heritage sites (hereinafter - the estimated cost of construction) - the amount of money required for the construction, reconstruction, major repairs, demolition of capital construction projects, carrying out work on the preservation of cultural heritage sites;
(as amended by Federal Laws dated July 26, 2017 N 191-FZ, dated August 3, 2018 N 340-FZ)
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 ;
(Clause 31 introduced by Federal Law dated July 3, 2016 N 369-FZ)
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;
(Clause 32 introduced by Federal Law dated July 3, 2016 N 369-FZ)
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;
(Clause 33 as amended by Federal Law dated July 26, 2017 N 191-FZ)
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;
(clause 33.1 introduced by Federal Law dated July 26, 2017 N 191-FZ)
34) activities for the integrated and sustainable development of the territory - carried out in order to ensure the most efficient use of the territory, activities 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 necessary for the functioning of such objects and support 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;
(Clause 34 introduced by Federal Law dated July 3, 2016 N 373-FZ)
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.
(Clause 35 introduced by Federal Law dated July 3, 2016 N 373-FZ)
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;
(Clause 36 introduced by Federal Law dated December 29, 2017 N 463-FZ)
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;
(Clause 37 introduced by Federal Law dated December 29, 2017 N 463-FZ)
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;
(Clause 38 introduced by Federal Law dated December 29, 2017 N 463-FZ)
ConsultantPlus: note.
An individual housing construction project may exceed the parameters established by clause 39 of Art. 1, if the construction permit was received before 08/04/2018, and its parameters comply with the requirements of the permit (Federal Law dated 08/03/2018 N 340-FZ).
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 facility”, “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 regulations of the Russian Federation.
(Clause 39 introduced by Federal Law dated August 3, 2018 N 340-FZ)
Town Planning Code (GrK) of the Russian Federation specializes in regulating urban planning activities aimed at developing urban areas, various settlements and individual (related to these works, services) relations. Helps ensure sustainable development of territories based on territorial planning and urban zoning. Controls the balance of taking into account economic, environmental, social, etc. factors when carrying out urban planning work. Proclaims the provision of persons with disabilities with appropriate conditions for their unhindered access to objects for various purposes. Raises issues such as the participation of people and their associations in the implementation of urban planning, ensuring the freedom of such participation, the responsibility of government bodies of our country, government agencies of the constituent entities of the Russian Federation and local governments for ensuring decent living conditions for people, etc.
(except for linear objects) - changing the parameters of a capital construction project, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction project, as well as replacement and (or) restoration of load-bearing building structures of the facility capital construction, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements.
Housing reconstruction- a set of measures for the reconstruction of a residential building due to physical or moral wear and tear. It involves replacing outdated or installing additional engineering equipment, strengthening structures, special measures to improve the thermal performance of the building, its redevelopment, as well as increasing living space by adding additional floors and attics. ("Methodological recommendations for technical and economic assessment of the efficiency of reconstruction of residential buildings and determination of payback periods" (approved by Order of the State Construction Committee of the Russian Federation dated November 10, 1998 N 8)
"Reconstruction of the building- a set of construction works and organizational and technical measures related to changes in the main technical and economic indicators (number and area of apartments, construction volume and total area of the building, capacity or throughput or its purpose) in order to improve living conditions, quality of service, increase the volume services..." (Order of the State Committee for Architecture dated November 23, 1988 N 312 "On approval of departmental building standards of the State Committee for Architecture "Regulations on the organization and implementation of reconstruction, repair and maintenance of residential buildings, communal and socio-cultural facilities" (together with "VSN 58 -88 (r). Departmental construction standards. Regulations on the organization and implementation of reconstruction, repair and maintenance of residential buildings, communal and social-cultural facilities."
"Reconstruction of a residential building- re-equipment of a residential building in order to improve its space-planning solutions and architectural qualities (with the implementation of redevelopment of apartments, sections, floors or non-residential premises, including changing their functional purpose), as well as constructive, technical and engineering solutions, taking into account modern requirements when changing the volume of a residential building by adding new space-planning elements, including apartments or their premises, staircases and elevator units, non-residential premises, as well as superstructures (including an attic floor) or dismantling parts of a residential building... "(Resolution of the Moscow Government dated October 2, 2001 N 894-PP "On approval of Moscow city building standards (MGSN) 3.01-01 "Residential buildings")
From the court ruling: "In accordance with clauses 13 and 14 of the Town Planning Code of the Russian Federation, reconstruction is a change in the parameters of capital construction projects, their parts and the quality of engineering and technical support. While construction is the creation of buildings, structures, structures (including place of demolished capital construction projects).
In accordance with Part 1 of Art. 754 of the Civil Code of the Russian Federation, reconstruction includes renovation, reconstruction, restoration of a building or structure.
In the current Code of Rules for the design and construction of SP 13-102-2003, adopted by the Resolution of the State Construction Committee of Russia dated August 21, 2003. N 153, the reconstruction of a building is understood as “a complex of construction works and organizational and technical measures associated with changes in the main technical and economic indicators (loads, layout of premises, construction volume and total area of the building, engineering equipment) in order to change operating conditions, maximize the loss from existing physical and moral wear and tear, achieving new goals for the operation of the building.”
Thus, reconstruction work in a separate room of a building may involve one of the types of work (or a complex of them) in order to partially change the facade of the building and (or) load-bearing structures: changing the shape of window and door openings; creation and elimination of window and door openings; changing inputs; arrangement of entrances, entrance vestibules; arrangement of loggias, balconies; glazing of loggias, balconies; replacement of carpentry elements of the facade." (extract from the appeal ruling of the Khabarovsk Regional Court dated July 27, 2012, in case No. 33-4672)
Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ with the latest amendments introduced by Federal Laws dated July 29, 2017 N 217-FZ, dated July 21, 2014 N 219-FZ, dated August 3, 2018 N 342-FZ.
Preface
The original text of the Town Planning Code of the Russian Federation (GrK RF) was published in Rossiyskaya Gazeta (N 290, 12/30/2004), “Collection of Legislation of the Russian Federation” 01/03/2005, N 1 (part 1).
The procedure for applying the Civil Code of the Russian Federation is established by Federal Law dated December 29, 2004 N 191-FZ "On the entry into force of the Town Planning Code of the Russian Federation"
The Civil Code of the Russian Federation is one of the most dynamically changing laws, to which, since its adoption, dozens of amendments have been made.
Town Planning Code of the Russian Federation– a comprehensive legislative act designed to regulate relations in the areas of:
- territorial planning,
- urban planning zoning,
- territory planning,
- design and construction of capital construction projects, their reconstruction, major repairs, as well as the operation of buildings, structures,
- ensuring the safety of construction, operation of buildings and structures, preventing emergencies of a natural and man-made nature and eliminating their consequences,
- acquisition, termination of the right of SRO in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects to issue certificates of admission to work on engineering surveys, for the preparation of design documentation, for construction, reconstruction, major repairs of capital construction projects , which influence the safety of capital construction projects,
- creation of artificial land plots and construction of capital construction projects on such land plots.
GRK RF is the main law in its sphere of public relations and according to paragraphs. 3, 4 of Article 3 of the Civil Code of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and municipal self-government bodies, containing norms regulating relations in the field of urban planning activities, cannot contradict the Town Planning Code of the Russian Federation.
Other (related) legislation applied in urban planning activities may, for example, include the Civil Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, the Water Code of the Russian Federation, the Forestry Code of the Russian Federation, the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” and other laws. Related to urban planning relations are primarily land relations regulated by the Land Code of the Russian Federation.
TOWN PLANNING CODE OF THE RUSSIAN FEDERATION
Chapter 1. General provisions
Chapter 2. Powers of state bodies
authorities of the Russian Federation, state bodies
authorities of the constituent entities of the Russian Federation, local authorities
self-government in the field of urban planning activities
Chapter 2.1. Pricing and estimated rationing
in the field of urban planning,
federal register of estimate standards
Chapter 3. Territorial planning
Chapter 4. Urban zoning
Chapter 5. Territory planning
Chapter 6. Architectural and construction design, construction,
reconstruction of capital construction projects
Chapter 6.1. Self-regulation in the field of engineering
surveys, architectural and construction design,
construction, reconstruction, major repairs,
demolition of capital construction projects
Chapter 6.3. Development of territories for construction purposes
and operation of rental houses
Chapter 6.4. Demolition of capital construction projects
Chapter 7. Information support
urban planning activities
Chapter 8. Responsibility for violation of the law
on urban planning activities
Chapter 9. Features of the implementation of urban planning
activities in the constituent entities of the Russian Federation - cities
federal significance Moscow, St. Petersburg and Sevastopol
President
Russian Federation
V. PUTIN
Many construction companies are engaged in the overhaul of real estate. They need to take into account the latest changes in legislation when drawing up contracts, drawing up project documentation, etc.
Concepts are separated
Types of construction work differ depending on whether the actual construction, reconstruction or major repair of buildings (structures) is being carried out. Although, until recently, in the Town Planning Code of the Russian Federation, all these three concepts were used to establish organizational requirements in the aggregate. And there was no definition of the concept of “overhaul”.
Federal Law No. 215-FZ of July 18, 2011 eliminated this gap. A definition is given to the concept of “major repairs of capital construction projects”, which is included in the Town Planning Code of the Russian Federation. This:
Replacement or restoration of building structures of objects or elements of such structures, with the exception of load-bearing structures;
Replacement or restoration of engineering support systems and engineering support networks or their elements;
Replacement of individual elements of load-bearing building structures with similar or other elements that improve the performance of such structures, or restoration of these elements.
Major repairs of linear objects - a change in the parameters of linear objects or their sections (parts), which does not entail a change in the class, category or initially established indicators of the functioning of such objects and which does not require changes in the boundaries of rights-of-way or security zones of such objects.
The concept of reconstruction has also been clarified (including separately for linear objects). Note that the expansion of the facility is included in the concept of reconstruction, and therefore amendments have been made to a number of legislative acts, including the Tax Code of the Russian Federation.
Please note: It is legally determined that the specifics of classifying types of work as major repairs of apartment buildings can be established by Federal Law of July 21, 2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services.”
But only with the implementation of regional targeted programs for major repairs of apartment buildings, at the expense of the state corporation - the Fund for Assistance to the Reform of Housing and Communal Services.
The types of work on major repairs of apartment buildings carried out within the framework of these programs, in accordance with paragraph 3 of Article 15 of Law No. 185-FZ, include:
1) repair of in-house engineering systems of electrical, heat, gas, water supply, and wastewater disposal;
2) repair or replacement of elevator equipment recognized as unsuitable for operation, and, if necessary, repair of elevator shafts;
3) roof repairs;
4) repair of basements belonging to common property in apartment buildings;
5) insulation and repair of facades;
7) repair of foundations of apartment buildings, including those on pile foundations, located in the Far North and equivalent areas.
Guided by the new definitions, the company will be able to more accurately classify the scope of work performed and formulate the subject of the contract. This is important to comply not only with tax legislation, but also with changing organizational requirements. (For more information about the overhaul agreement, see the article published in the journal “Accounting in Construction” No. 8, 2009, p. 72).
Taking into account the changes
So, the concept of major repairs in the Town Planning Code of the Russian Federation is separated from construction and reconstruction. Federal Law No. 243-FZ of July 18, 2011 (Article 1), in connection with the adopted additions, introduced the following innovations.
The procedure for preparing design documentation for major repairs has been clarified. Thus, it has been established that in the case of major repairs of capital construction projects, separate sections of project documentation must be prepared based on the developer’s instructions or depending on the content of the work performed. And that the composition and requirements for the content of documentation during major repairs (as well as during construction and reconstruction) are determined by the Government of the Russian Federation.
It has also been established that in relation to sections of design documentation prepared for the overhaul of capital construction projects, state examination is not carried out (with the exception of design documentation for the overhaul of public roads). But here it is necessary to take into account the peculiarity of the overhaul of multi-apartment residential buildings within the framework of targeted regional programs, which were mentioned above. If the overhaul involves changing the parameters of apartment buildings, their parts (height, area, volume), as well as replacing or restoring load-bearing building structures (except for replacing their individual elements or restoring these elements), the design documentation prepared for such work, subject to state examination (Article 8 of Law No. 215-FZ).
To carry out major repairs, obtaining a permit is not required and the compliance of the results of such work with established standards is not carried out by state construction supervision authorities (Article 1 of Law No. 243-FZ). >|The considered changes made to the Town Planning Code of the Russian Federation have been in effect since July 22, 2011.|<
The term “capital construction” (CS) implies not only the construction of new buildings/structures, but also design and survey, installation, commissioning work, modernization of existing fixed assets, and preparation of technical documentation.
Types of capital construction
To answer the question: “What is a capital construction project?” - we have to find out what types of CS exist. Let's look at this in more detail.
- New construction - the creation of objects or their complex on new areas, which, after completion of work and commissioning, will be on an independent balance sheet.
- Reconstruction of existing enterprises - the removal of buildings or its elements with the possible reconstruction of existing workshops to improve production, increase capacity and improve product quality.
- Technical re-equipment of existing enterprises is a whole set of measures aimed at modernization and automation of production in order to improve the financial performance of the organization. With this type of construction, there is no reconstruction and/or expansion of existing production areas.
- Expansion of existing enterprises - creation and/or expansion of new/existing facilities, workshops at an existing establishment. Objects are not put on an independent balance sheet after documentation related to commissioning.
In other words, the result of any of the listed types of capital construction is an object.
Capital construction projects: definition
Construction is a developing industry, in the process of which ready-made objects appear for the functionality of production/non-production purposes and infrastructure. What falls under the category of “capital construction projects”? The definition (the wording is prescribed in the Russian Federation) interprets this concept as follows: residential and non-residential buildings and unfinished construction projects (with the exception of buildings such as sheds and kiosks).
Types of CS objects
A separate building with all communications, overpasses, equipment, and furniture is called a construction site.
A building is the result of construction activity, forming a system consisting of underground and/or above-ground parts, the structure of which includes premises, engineering and technical communications. The purpose of the construction is accommodation, production location, keeping animals or storing products.
A structure is an engineering and construction facility intended for production processes: storage of products, movement of people or goods. The main difference from a building is the temporary presence of people on the site, for example: bridges, dams, power lines, stadiums.
The term “structure” is used as a generalized name for the previous two concepts. It is also a result of construction, but is not registered in the register of CS facilities.
Objects of unfinished construction are structures under construction that have been suspended for a certain period of time.
Classification of capital construction projects
The Cadastral Code sets out the definition and types of capital construction projects. These are: buildings, structures (pipelines, wells, power and communication lines, dams), structures and unfinished construction projects.
According to Government Decree No. 87, which approved the composition of project documentation, according to their functional significance, it is customary to distinguish 3 types of CS objects:
- for production processes;
- non-production purposes;
- linear.
Industrial facilities include buildings and structures for industrial purposes, as well as security and defense facilities. Housing, utility, cultural, social and capital structures are usually classified as non-productive.
Linear objects
Engineering networks, communications, pipelines, power and communication lines, roads, bridges, tunnels are linear capital construction projects. Determining the location when designing this category of structures is carried out by establishing the coordinates of characteristic points by surveying specialists and is regulated by the Federal Law “On the State Real Estate Cadastre”.
Obtaining documents permitting construction is carried out on the basis of the Town Planning and Land Codes of the Russian Federation and the Law “On Highways and Road Activities”.
Construction projects that do not require permits
Permitting documentation is a package of documents that meets the requirements and allows the developer to begin construction and reconstruction.
An urban planning plan is documentation, without which the design organization does not have the right to issue its decision on the construction and reconstruction of objects. Issued to the developer after his written application by the architectural department with the approval of the district administration.
According to the Civil Code, the start of construction without a permit is allowed if the following is to be erected:
- a garage on a plot of land owned by an individual;
- kiosks, canopies and other non-capital objects;
- auxiliary buildings;
- and also if it is necessary to change permanent structures, without affecting the supporting structures, without violating the reliability and safety characteristics.
Distinctive features of a capital facility
To understand the difference between temporary and permanent structures, it is necessary to consider the legal and economic side of the subject of discussion.
A temporary building is an auxiliary facility erected for the full implementation of construction and subject to dismantling after completion of work. No title documents are issued for it.
From the technical side, a temporary building may have the same features (foundation, main walls, reinforced concrete floors) as capital construction projects. The definition of subtle differences lies in their different legal status. When constructing capital facilities, their long service life is envisaged, while temporary buildings have a limited period of use, not exceeding five years.
The main signs of belonging to a capital construction project are its inextricable connection with the land and, accordingly, the need to obtain permits. But more on that a little later.
Capital construction projects: problems of classifying them as real estate
Until 2005, such legal constructions as “real estate objects in urban planning” and “objects of urban planning activities” were used. With some adjustments, the terminology has changed. Thus, since 2005, the term “capital construction facility” was introduced for the first time in Russian legislation. The concept and definition of this category appear not only in urban planning, but also in other branches of law (the term is also used in land, forestry legislation, and civil law).
The interpretation of the term OKS comes down to a simple list of objects, without assigning them any properties or characteristics. But it is known that a permanent structure has a connection with the land plot and cannot be moved or dismantled without damaging its purpose.
On the other hand, for comparison it is necessary to consider the characteristics of real estate. In the Civil Code of the Russian Federation, in the provisions of Art. 130, provides a list of properties inherent to real estate:
- strong connection with the earth;
- mandatory state registration;
- impossibility of moving real estate without causing damage to its structure; this also applies to structures, buildings and unfinished construction.
The norm refers to capital construction projects, which are defined in the Civil Code of the Russian Federation. That is, real estate objects (unfinished ones are OKS, therefore, they are characterized by the same characteristics as real estate.
Can she be the object of a CC?
An unauthorized construction is an object, the construction of which was carried out without obtaining the necessary permits on an area not allocated for these purposes and in violation of sanitary, urban planning norms and rules.
If the court recognizes an unauthorized construction as a capital construction project, there are 2 options for resolving the situation:
- Demolition of an object by a person who erected a building that was not approved by the authorities (on his own and at his own expense).
- Recognition by the court of ownership of the construction of an unauthorized building. Provided that real estate is constructed in compliance with building codes, without creating a threat to the health and life of citizens.
