Urban planning code of the Russian Federation old edition. Law on urban planning activities of the Russian Federation
Regulating urban planning and certain related relations on the territory of the Russian Federation.
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✪ How to get a building permit for individual housing construction - Part 1 Why do you need a permit? 5 STEPS!
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friends Let's discuss Why do you need permission? You will separately google about the permission and see what is what to whom We will shoot a separate video for this Which will be sad in which I will talk for a long time about the code as an article and so on Let's talk about the problem now What time Before 2016 People for some reason did not need permission to build a residential at home. And now all of a sudden everyone needed it. Let's go into details a little to understand what the problem is ... Since March 2016, Changes have been made to the Land Code, after which the Cadastral Fee, well, now, together with the registration fee with simplified registration, call it "Dacha Amnesty" for individual a residential building began to require a building permit all greetings now you definitely need a permit from Organizations who are ready to help you get a building permit for a small and sometimes a large amount of money In our videos I would like to tell you that getting a permit is just quick and not expensive, I will tell you point by point all the documents that need to be obtained what needs to be checked in them and where and how they need to be submitted If you have a question Do you want to start construction and installation work or get permission from the beginning? Definitely - get a building permit As soon as you cross this line you will complicate your path at times You will become a violator You will need to carry money to different organizations, do not create problems for yourself Obtain a permit is not difficult no need to start work before permission Let's answer the question When You do not need a building permit All this is determined by the town planning code of the Russian Federation You should not rely on the opinion of a lawyer you know or a telephone conversation with Architecture, and even more so rely on the experience of those who built a house without permission All your actions with the architecture and other authorities are regulated by the town planning code of the Russian Federation You need to study the document yourself and determine for yourself whether you need permission or not Let's talk with you some points of the town planning code Article 51 p. 17 Issuance of building permits is not required in case Written for ordinary people \u003d) Construction of a garage on a land plot provided to an individual for purposes unrelated to the implementation of entrepreneurial activity or construction on a land plot provided for gardening, a country house I think the question will not be here If you are building a garage - you do not need a permit If you are building a country house - you do not need a permit If you are building on plot for gardening individual residential building permission You need to understand this Construction reconstruction of non-capital construction Kiosks, sheds, and others. .. Shawarmennaya can be built just like that. Construction of buildings for auxiliary use on the land plot. Summer kitchen, barn, bathhouse. Change of capital construction objects and or their parts ... ... ... Blah blah blah A lot of what is said there The main thing is that if you reconstruct your house and make from one or two With an increased area You need permission In principle everything In all other cases you building permit required
The 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 facilities, - major repairs, during which structural and other characteristics of reliability and safety of capital construction facilities are affected, - operation of buildings, structures (this type is included in the concept of urban planning activities from 01.01. 2013); 2. Relations associated with: - taking measures to ensure the safety of construction, - preventing natural and man-made emergencies, - eliminating their consequences - in the implementation of urban planning activities, if such relations are not regulated by special laws; 3. The relations directly indicated in the Civil Code of the Russian Federation related to: - acquisition of SRO status, - termination of SRO status, - determination of the legal status of an SRO, - implementation of SRO activities, - establishment of a procedure for the SRO to exercise control over the activities of its members, - application of disciplinary measures by the SRO to its members - the procedure for exercising state control (supervision) over the activities of the SRO; 4. Relationships associated with the creation of artificial land plots. 5. Relations associated with the collection and processing of information necessary to determine the estimated cost of construction.
Prior laws
Part 1 of Art. 9 of the Civil Code of the Russian Federation provides for the following territorial planning documents:
- RF;
- Spatial planning schemes for the constituent entities of the Russian Federation;
- Spatial planning schemes for municipalities:
- Spatial planning schemes for municipal districts,
- Master plans of urban and rural settlements,
- General plans of urban districts.
From September 1, 2011, Art. 57.1 Civil Code of the Russian Federation, providing for the creation Federal State Information System for Territorial Planning, which is defined as an information and analytical system that provides access to information contained in state information resources, state and municipal information systems, including information systems for ensuring urban planning activities, and necessary to ensure the activities of state authorities and local governments in the region territorial planning., regulatory legal acts of state authorities of the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg and in which territorial zones, urban planning regulations, the procedure for the application of such a document and the procedure for amending it are established (clause 8, article 1 of the Civil Code of the Russian Federation ).
Territorial zones - zones for which boundaries are defined in the rules of land use and development and town-planning regulations are established (clause 7 of article 1 of the Civil Code of the Russian Federation).
Urban planning regulations - the types of permitted use of land plots established within the boundaries of the corresponding territorial zone, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction facilities, maximum (minimum and (or) maximum) the size of land plots and the limiting parameters of permitted construction, reconstruction of capital construction facilities, as well as restrictions on the use of land plots and capital construction facilities (clause 9, article 1 of the Civil Code of the Russian Federation).
Territory planning
Preparation of documentation for the planning of the territory is carried out in relation to the built-up or to be built territories (Clause 1, Article 41 of the Civil Code of the Russian Federation).
The preparation of the territory planning project is carried out to highlight the elements of the planning structure (quarters, microdistricts, other elements), to establish the parameters of the planned development elements of the planning structure (Clause 1 of Art. 42 of the Civil Code of the Russian Federation).
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 projects for the planning of territories (clause 1 of Art. 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, reconstruction of capital construction objects land plots (Clause 1 of Art. 44 of the Civil Code of the Russian Federation).
Construction participants must know what the Urban Planning Code of the Russian Federation is, what sections it consists of, and what it regulates. In fact, this is a set of legislative acts describing the rules for development, planning and improvement of settlements, issuing construction permits, forming infrastructure, the basis for environmental protection, responsibility and nuances of interaction between subjects of legal relations.
The latest edition of the Civil Code of the Russian Federation is valid from September 30, 2017. It defines the main building rules, and also clearly indicates the zones allowed for reconstruction, construction and other actions of a similar nature. The document is of particular importance in the urban development sphere. The main goal of creating the new Civil Code of the Russian Federation in 2017 was to eliminate arbitrariness and violation of the law in the construction sector.
Below we will consider what the Civil Code of the Russian Federation is, what regulates the document, what sections it consists of, how the city is planned, and which bodies carry out the work on the revision of the document.
If we consider the definition, the Civil Code of the Russian Federation (Urban Planning Code of the Russian Federation) is a law that establishes the norms and rules in the field of urban planning activities in the territory of the Russian Federation. It defines the main requirements for the following work:
- Architectural and construction planning.
- Territory planning.
- Territorial planning.
The strength of the Civil Code of the Russian Federation extends to the construction sector - the construction, repair and restoration of capital construction projects. The registration of the document is caused by a number of reasons:
- Streamlining regulations and other legal acts.
- Increase in construction volumes.
- Development of the affordable housing market for people.
The Civil Code of the Russian Federation clearly indicates the competencies of the participants in the urban planning sector, indicates the hierarchy of subordination and the powers of various authorities. This simplifies the process of implementing the mechanisms of organ relationships.
What does it regulate?
The task of the town planning code is to regulate:
- Urban planning relationships that are associated with work aimed at the development of certain zones (cities and other settlements) - engineering surveys, territorial planning, construction and restoration of capital construction facilities, architectural and construction design, territory planning, overhaul (work in which the safety of the facility is affected) ...
- Relations related to the prevention of emergencies and elimination of their consequences, as well as the adoption of measures to guarantee the safety of construction.
- Relations related to obtaining and terminating SRO status, SRO activities, determining the legal status, using disciplinary measures and establishing the SRO procedure.
- Relationships related to the arrangement of artificial plots of land.
The structure of the town planning code
The Civil Code of the Russian Federation consists of nine main and two additional chapters. They describe:
- General Provisions.
- Powers of the structures of state power of the Russian Federation, structures of state power of the constituent entities of the Russian Federation and local self-government.
- Territorial planning.
- Urban planning zoning.
- Territory planning.
- Construction and reconstruction of capital construction objects, architectural and construction design.
- Self-regulation in the sector of construction and restoration of capital construction buildings, architectural and construction design, regulation in the field of engineering surveys.
- Operation of facilities (buildings and structures).
- Providing urban planning activities in the information sector.
- Responsibility for violation of the law of the Civil Code of the Russian Federation.
- Features of conducting activities in the urban planning sector in cities of federal importance (St. Petersburg, Moscow).
How is the city planning done?
Spatial planning of a city is a complex of works.
Preparation and subsequent approval of planning schemes for the territory of the Russian Federation
Such schemes are approved by the Russian government. If we are talking about defense facilities or those related to security, their approval is carried out in a special procedure established by the legislation of the Russian Federation. The creation of schemes is carried out taking into account engineering surveys and existing regulations in the construction sector, provisions on planning the territory of the Russian Federation, proposals from interested parties and other documents.
Prior to approval, draft schemes are considered and agreed upon (prior to approval) with the interested state authorities, taking into account Art. 12 Civil Code of the Russian Federation. Draft schemes must be published in the order established for the official publication of regulations of the Russian Federation and other documents. The process is organized no less than 3 months prior to approval, followed by posting on the RF Government's off-site.
Interested bodies have the right to put forward their proposals in relation to draft schemes of territorial planning of the Russian Federation. The latter should be published taking into account the current procedure and posted on the official resource of the Government.
Planning schemes for the territory of the Russian Federation, within 3 days from the moment of approval, are transferred to the supreme executive bodies of state power of the constituent entities of the Russian Federation and the municipal authorities responsible for the territories for which planning schemes have been created. Holders of rights to linear objects, capital construction structures and land plots can challenge territorial planning schemes if the changes made in any way violate them. Protection of interests is carried out with the involvement of the judicial authorities.
State authorities of the Russian Federation, local government entities, as well as interested parties (ordinary citizens and companies) have the right to make proposals on amendments to the schemes. This work is carried out taking into account the requirements of the Civil Code of the Russian Federation. The peculiarity and procedure for preparing drafts of planning schemes of the Russian Federation, as well as the nuances of making changes, are established by the Government of the Russian Federation. When it comes to objects related to the defense sector and security, the order of changes and publication takes place taking into account the current legislation in relation to state secrets.
Coordination of the draft planning schemes for the territory of the Russian Federation
The draft planning schemes for the territory of the Russian Federation should be agreed with the state authorities of the constituent entity of the Russian Federation in situations where the new proposals imply the introduction of amendments to the already existing documents relating to territorial planning, the boundaries of agricultural land, land for environmental protection and areas owned by the subject. In addition, it is imperative to agree on issues related to the placement of capital construction facilities of state importance, which in the future may negatively affect the environment.
Other issues may not be agreed upon when preparing the draft territory planning scheme. The terms of approval should not be more than 3 months from the moment of sending them to the supreme bodies of state power of the constituent entities of the Russian Federation in relation to the territories for which a draft of such a territory planning scheme is being prepared. This also applies to areas on which the planned construction may have a negative impact.
If the supreme body has not given its resolution within the period established at the legislative level, it is considered that it has agreed to the implementation of the draft planning scheme for the territory of the Russian Federation. The supreme body of state power of the Russian Federation of a constituent entity of the Russian Federation submits the draft scheme to local authorities in relation to the territories for which the documentation has been prepared. Local authorities, in turn, consider the documents received, study aspects of changing the boundaries of sites, land use rules and issues with respect to objects, the construction of which may negatively affect the environment.
Local authorities are given no more than 30 days from the date of preparation of the documents to prepare the conclusion. If no decision is received during this period, it is assumed by default that they agree with such a draft scheme for planning the territory of the Russian Federation.
The supreme executive body of state power of a constituent entity of the Russian Federation, on the basis of the opinion received from local authorities (if it is transmitted), prepares a final opinion on the draft planning scheme for the territory of the Russian Federation. It may contain a provision on disagreement with the project with the rationale for such a decision. If several different subjects do not agree with the projects, a conciliation commission is created within 30 days, which works for 3 months. Its task is to resolve issues of coordination of issues with the subjects of the Russian Federation. The result of her work is:
- Issuance of a document confirming the approval of the draft planning scheme for the territory of the Russian Federation, and preparation for the approval of the scheme with the amendments made (taking into account the recommendations of local authorities).
- Preparation of materials in text and graphic form on issues that required prior approval.
These papers and materials may contain proposals to exclude materials from the draft on issues that have not been agreed upon. They can be reflected in the graphic part in order to visually display the moments that deserve the most attention. It also indicates a plan for coordinating issues that arose after the approval of the planning scheme for the territory of the Russian Federation.
On the basis of the papers handed over to the conciliation commission, the issue of further approval of the planning scheme for the territory of the Russian Federation or its rejection is decided. In the latter case, the document can be sent for revision and subsequent amendments for approval by all participants. In this case, the general procedure for approving the draft scheme is established by the Government of the Russian Federation.
Realization of the territorial planning scheme
If all issues are agreed, at the last stage, the implementation of the plan is carried out within 3 months from the date of approval. The plan for the implementation of the scheme indicates the following issues:
- Terms of preparation of papers on planning the territory for the construction of capital construction facilities, the boundaries of land allotments for the placement of such structures are being specified.
- The period of preparation of the project and the timing of the construction of a capital construction object of national importance.
- Financial and economic justification of the planning scheme.
Who is the editor of the code, and how often is it done?
As noted at the beginning of the article, the Town Planning Code is a law of a constituent entity of the Russian Federation, which approves the changes introduced and gives them legislative force. Recommendations for amendments are made by the authorized bodies in the field of construction, after which they are studied by local authorities. Based on the conclusion, the constituent entities of the Russian Federation make a decision on the possibility of approving the changes.
The Urban Planning Code was adopted on December 22, 2004, after which it is regularly amended at an average frequency of two times a year.
Here you will find the full text of the new Urban Planning Code of the Russian Federation 2016, including all additions and changes for 2014, comments to articles, as well as legal documents, articles and news related to the Civil Code of the Russian Federation. The transition to any article of the Urban Development Code is carried out through the table of contents on the main page or through the menu on the left side of the site. You can also use the site search.
Here you can get free legal advice on any issues, for this, at the bottom right there is a form for entering information for a lawyer online.
The Urban Planning Code of the Russian Federation (Civil Code of the Russian Federation) 2016 - regulates relations in the field of urban planning activities. It was adopted on December 22, 2004 by the State Duma and approved by the Federation Council on December 24, 2004. The Urban Planning Code of the Russian Federation named the Federal Law of December 29, 2004 No. 190-FZ, it establishes the rules in the urban planning system and regulates the relations that are associated with this concept.
The Civil Code of the Russian Federation replaced the 1998 Code. Clauses on the mandatory presence of favorable natural conditions for living and preserving cultural heritage sites have become an advantage over the previous regulatory act. Now the Urban Planning Code is responsible for all the main concepts in urban planning activities, outlines the principles of legislative processes, lists the powers of the authorities responsible for development.
The Urban Planning Code regulates land planning operations, construction and architectural design, and zoning. He is also responsible for the construction of new facilities, overhaul of existing ones and covers all areas of capital construction.
In total, the Town Planning Code of the Russian Federation contains 9 chapters, each of which covers a certain process in the town planning system. They describe such phenomena as:
The main principles and provisions of urban planning (Chapter 1);
What powers do the authorities of the Russian Federation and its constituent entities have, what can local governments do, how they affect urban planning activities (Chapter 2);
What is zoning, territorial planning, territorial planning, how these processes are carried out (Chapters 3, 4, 5);
How is the design, the process of reconstruction of facilities and the construction of new ones, what is capital construction, how is the process of their self-regulation and subsequent operation (Chapters 6, 6.1, 6.2);
How urban planning activities are supported by information (Chapter 7);
Violation of the laws of the code and responsibility for them (Chapter 8);
Urban planning activities in Moscow and St. Petersburg, which are cities of federal significance (Chapter 9).
In addition, in the creation, restoration, allocation of territory, repair work and other activities related to the development of cities, the responsible persons should be guided by the principles prescribed in the Urban Planning Code of the Russian Federation 2016.
Legislation of the Russian Federation
Collection of basic federal laws of the Russian Federation
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Urban Planning Code of the Russian Federation of December 29, 2004 N 190-FZ (as amended on December 27, 2019)
CITY PLANNING CODE OF THE RUSSIAN FEDERATION
Adopted by the State Duma on December 22, 2004
Approved by the Federation Council on December 24, 2004
Chapter 1. General provisions
Chapter 2. Powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local authorities in the field of urban planning
Chapter 2.1. Pricing and estimated rationing in the field of urban planning, federal register of estimated standards
Chapter 3. Territorial planning
Chapter 3.1. Urban planning standards
Chapter 4. Urban zoning
Chapter 5. Territory planning
Chapter 5.1. Types of activities for the integrated and sustainable development of the territory and the procedure for their implementation
Chapter 6. Architectural and construction design, construction, reconstruction of capital construction facilities
Chapter 6.1. Self-regulation in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul, demolition of capital construction projects
Chapter 6.2. Operation of buildings, structures
Chapter 6.3. Development of territories for the construction and operation of rented houses
Chapter 6.4. Demolition of capital construction projects
Chapter 7. Information support of urban planning activities
Chapter 9. Features of the implementation of urban planning activities in the constituent entities of the Russian Federation - cities of federal significance Moscow, St. Petersburg and Sevastopol
Urban Planning Code of the Russian Federation N 190-FZ (current edition 2020)
Russian legislation 2020
Collection of Federal Laws of the Russian Federation (Federal Law of the Russian Federation)
Last update: 03/20/2020
On July 1, 2017, a new edition of the Urban Planning Code of the Russian Federation came into force. The amendments are related to the functions of developers and SROs carrying out engineering surveys and preparation of project documentation in capital construction.
Amendments to the Urban Planning Code of the Russian Federation, which entered into force on July 1, 2017, introduced two new laws at once:
Federal Law of 03.07.2016 N 372-FZ,
Federal Law of 03.07.2016 N 373-FZ.
Both documents relate to the preparation of documentation for the planning of the territory and the conduct of engineering surveys. They changed a number of articles in the Code.
Technical customers
In particular, in accordance with the new edition article 1 of the Civil Code of the Russian Federation developers now have the right to transfer their functions provided for by the legislation on urban planning activities to a technical customer. At the same time, in accordance with the text of this article, a technical customer is a legal entity that is authorized by the developer and on his behalf concludes agreements on:
- performing engineering surveys;
- preparation of project documentation;
- construction, reconstruction;
- overhaul of capital construction objects.
Also, the technical customer prepares assignments for the performance of the specified types of work, provides persons performing engineering surveys and (or) preparing design documentation, construction, reconstruction, overhaul of capital construction facilities, materials and documents required to perform these types of work. The functions of a technical customer can only be performed by a member of an SRO in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities.
Territory planning
SRO membership in the field of engineering surveys
New edition article 46.8 of the Civil Code of the Russian Federation provides as one of the prerequisites for participation in the auction for the right to conclude an agreement on the development of a territory for the construction of economy class housing, an agreement on the integrated development of a territory for the construction of economy class housing, membership in an SRO in the field of engineering surveys, architectural and construction design, construction, etc.
According to the norms article 47 of the Civil Code of the Russian Federation all work under contracts for the performance of engineering surveys concluded with the developer, technical customer or a person who received in accordance with The Land Code of the Russian Federation permission to use land or a land plot in state or municipal ownership for the performance of engineering surveys (hereinafter also referred to as contracts for the performance of engineering surveys) must be carried out only by individual entrepreneurs or legal entities that are members of an SRO in the field of engineering surveys. At the same time, the implementation of engineering surveys under such contracts is provided exclusively by specialists of the organization of engineering surveys (chief project engineers). Work under contracts for the performance of engineering surveys concluded with other persons can be performed by individual entrepreneurs or legal entities that are not members of such SROs. The article also provides a list of cases when membership in an SRO is not required. Article 48 of the Civil Code of the Russian Federation defined similar requirements for architectural and construction works. AND article 52 of the Civil Code of the Russian Federation - to the implementation of construction, reconstruction, overhaul of capital construction facilities.
In accordance with new requirements article 53 of the Civil Code of the Russian Federation construction control can also be carried out by developers, technical customers, persons responsible for the operation of a building, structure, or regional operators, who can engage individual entrepreneurs or legal entities on the basis of an agreement. According to the norms article 55 of the Civil Code of the Russian Federation to issue a permit for commissioning an object, you need, among other things, an acceptance certificate for a capital construction object (in the case of construction, reconstruction on the basis of a construction contract).
New edition article 55.1 of the Civil Code of the Russian Federation provides, among the main goals of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, to ensure that SRO members fulfill their obligations under contracts for engineering surveys, for the preparation of project documentation, construction contracts concluded with using competitive methods for determining suppliers (contractors, performers) in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.
New edition article 55.2 of the Civil Code of the Russian Federation allows non-profit organizations created in the form of an association (union) to acquire the status of a self-regulatory organization. Clauses 1.1, 4 and 5 of this article are no longer valid. A new clause 7 has been added to the article as follows:
The liquidation of a non-profit organization with the status of a self-regulatory organization is carried out only after the information about it is excluded from the state register of self-regulatory organizations and enrollment in the manner and within the time period established by part 14 article 55.16 of the Civil Code of the Russian Federation, funds of its compensation fund (compensation funds) to a special bank account of the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization was a member.
Now called "Standards and Internal Documents of a Self-Regulatory Organization" and regulates all internal documents of the NPO, which it must develop and approve before obtaining the status of an SRO. Norms articles 55.5-1 of the Civil Code of the Russian Federation determine the requirements for the specialists of such organizations. And the norms article 55.6 of the Civil Code of the Russian Federation regulate the requirements and procedure for admission to membership of such SROs. New edition article 55.7 of the Civil Code of the Russian Federation regulates changes in the termination of membership in an SRO.
Also, a new code has been added to the Code, which determines the procedure for compensation for damage caused as a result of non-performance or improper performance by a member of a self-regulatory organization of obligations under a contract for engineering surveys, preparation of project documentation, a construction contract concluded using competitive methods of concluding a contract.