URBAN PLANNING CODE OF THE RUSSIAN FEDERATION
Document as amended by:
Chapter 1. General provisions(Articles 1-5)
Chapter 2. Powers of public authorities Russian Federation,
public authorities of the constituent entities of the Russian Federation, bodies
local self-government in the field of urban planning (Articles 6 - 8.2)
Chapter 3. Territorial planning (Articles 9 - 29)
Chapter 3.1. Urban planning standards (articles 29.1 - 29.4)
Chapter 4. Urban zoning (Articles 30 - 40)
Chapter 5. Planning of the territory (Articles 41 - 46.8)
Chapter 6. Architectural and construction design, construction,
reconstruction of capital construction objects (articles 47 - 55)
Chapter 6.1. Self-regulation in the field of engineering surveys,
architectural and construction design, construction, reconstruction,
overhaul capital construction projects (articles 55.1 - 55.23)
Chapter 7. Information support
urban planning activities (Articles 56 - 57.1)
Chapter 8. Responsibility for violation of the law
on urban planning activities (Articles 58 - 62)
Chapter 9. Features of the implementation of urban planning activities in the subjects
Russian Federation - the federal cities of Moscow and St. Petersburg (Article 63)
The president
Russian Federation
V.Putin
1. A self-regulatory organization that has the right to issue certificates of admission to works that affect the safety of capital construction facilities (hereinafter also referred to as a self-regulatory organization) is obliged to develop and approve:
1) requirements for the issuance of certificates of admission to work that affect the safety of capital construction objects (hereinafter also referred to as the certificate of admission), a document that establishes the conditions for issuing certificates of admission to work that affect the safety of capital construction objects by a self-regulatory organization ;
2) rules of control in the field of self-regulation - a document that establishes the rules for monitoring compliance by members of a self-regulatory organization with the requirements for issuing certificates of admission, the requirements of standards of self-regulatory organizations and self-regulation rules;
3) a document establishing a system of disciplinary measures for non-compliance by members of a self-regulatory organization with the requirements for issuing certificates of admission, control rules in the field of self-regulation, requirements of technical regulations, requirements of standards of self-regulatory organizations and self-regulation rules.
2. Self-regulatory organization has the right to develop and approve:
1) standards of self-regulatory organizations - a document that establishes, in accordance with the legislation of the Russian Federation on technical regulation, the rules for performing work that affect the safety of capital construction facilities, requirements for the results of these works, the system for monitoring the implementation of these works;
2) self-regulation rules - a document that establishes requirements for entrepreneurial activity members of self-regulatory organizations, with the exception of the requirements established by the legislation of the Russian Federation on technical regulation.
3. A self-regulatory organization is not entitled to develop and approve documents that establish mandatory requirements for members of a self-regulatory organization, their activities, with the exception of the development and approval of the documents specified in parts 1 and 2 of this article.
4. Documents of a self-regulatory organization must not:
1) contradict the requirements of the legislation of the Russian Federation, including the requirements of technical regulations;
2) contradict the purposes specified in paragraph 1 of Article 55.1 of this Code;
3) establish benefits for individual entrepreneurs and legal entities that are the founders of such an organization;
4) lead to the prevention, restriction or elimination of competition, including the division of the commodity market on a territorial basis, the volume of sale or purchase of goods, the range of goods sold or the composition of sellers or buyers (customers), creating barriers to access to commodity market business entities.
5. The requirements for the issuance of certificates of approval must be determined in relation to each type of work that affects the safety of capital construction projects and the resolution of issues related to the issuance of a certificate of admission to which general meeting members of a self-regulatory organization to the scope of activity of a self-regulatory organization, or types of such work.
6. Requirements for the issuance of certificates of admission must contain:
1) qualification requirements for individual entrepreneurs, employees of an individual entrepreneur, employees of a legal entity:
a) the requirement to have education of a certain level and profile;
b) requirement for additional professional education, attestation;
c) a requirement for a certain length of service;
2) the requirement for the number of employees of an individual entrepreneur or legal entity that meets the requirements of paragraph 1 of this part.
7. Requirements for the issuance of certificates of admission may include:
1) the requirement that an individual entrepreneur, legal entity have the property necessary for the performance of the relevant work. At the same time, the type of right on which a person can use such property cannot be indicated;
2) the requirement to achieve positive results of the qualification test of individual entrepreneurs, employees of individual entrepreneurs, employees of legal entities, carried out in the manner prescribed by the specified requirements.
8. The minimum necessary requirements for issuing certificates of admission to work that affect the safety of capital construction projects are:
1) the requirement for the presence of employees of an individual entrepreneur, employees of a legal entity with higher education or secondary vocational education of the appropriate profile to perform certain types of work that affect the safety of capital construction projects. At the same time, at least three employees must have higher education or at least five employees - secondary vocational education, work experience in the specialty must be at least three years for employees with higher education, and at least five years for employees with secondary vocational education;
2) the requirement that an individual entrepreneur have a higher education or secondary vocational education of an appropriate profile to perform certain types of work that affect the safety of capital construction projects and can be performed by an individual entrepreneur independently, and at least five years of work experience in the specialty;
3) the requirement to receive at least once every five years additional professional education by the employees and individual entrepreneurs specified in paragraphs 1 and 2 of this part with certification.
8.1. The minimum necessary requirements for issuing certificates of admission to work on organizing the preparation of project documentation are:
1) the requirement for the presence at the place of main work of employees of an individual entrepreneur, employees of a legal entity with a higher education of the appropriate profile to perform certain types of work to organize the preparation of project documentation. At the same time, at least three employees must have a higher education and their work experience in the specialty must be at least five years;
2) the requirement that an individual entrepreneur have a higher education of an appropriate profile to perform certain types of work on organizing the preparation of project documentation, which can be performed by an individual entrepreneur independently, and at least ten years of work experience in the specialty;
3) the requirement to receive at least once every five years additional professional education by the employees and individual entrepreneurs specified in paragraphs 1 and 2 of this part with their certification.
8.2. The minimum required requirements for the issuance of certificates of admission to work on the organization of construction are:
1) the requirement for the presence at the place of the main work of employees of an individual entrepreneur, employees of a legal entity with a higher education of the appropriate profile to perform certain types of work on the organization of construction. At the same time, an individual entrepreneur and the head of a legal entity or his deputy must have a higher education in the relevant profile and work experience in the specialty of at least seven years, at least five employees must have a higher education and work experience in the specialty of at least five years;
2) the requirement to receive additional professional education at least once every five years by the persons specified in clause 1 of this part, with their attestation.
9. The minimum required requirements for issuing certificates of admission to work that affect the safety of especially dangerous and technically complex facilities, taking into account the technical complexity and potential danger of such facilities, are established by the Government of the Russian Federation. The procedure for establishing by self-regulatory organizations the requirements for issuing certificates of admission to the specified work and the procedure for determining self-regulatory organizations that have the right to issue certificates of admission to the specified work may be established by the Government of the Russian Federation.
10. A self-regulatory organization is not entitled to establish requirements for the issuance of certificates of admission to work that affect the safety of capital construction facilities below the minimum required requirements established by parts 8 - 8.2 of this article, or in the cases provided for by part 9 of this article.
11. The standards of a self-regulatory organization may not include references to trademarks, service marks, trade names, patents, utility models, industrial designs, appellations of origin of goods or names of manufacturers, requirements for goods, their manufacturers, information, works, services in in relation to goods, works, services produced, performed, rendered by members of the self-regulatory organization, respectively, and (or) used by members of the self-regulatory organization building materials if such requirements entail the prevention, restriction or elimination of competition.
12. Self-regulation rules may establish:
1) the conditions to be included in the contract and ensure the protection of the interests of customers of work that affect the safety of capital construction projects;
2) requirements for performers of work that affect the safety of capital construction projects, regarding the prevention and resolution of conflict situations with customers of these works, users of the results of these works;
3) claims for insurance by members of a self-regulatory organization civil liability which may occur in case of damage due to deficiencies in work that affect the safety of capital construction facilities, the conditions of such insurance;
4) requirements for insurance of other risks associated with the performance of construction and installation works, for insurance of employees of an individual entrepreneur, employees of a legal entity against accidents and illnesses, the conditions of such insurance;
5) the requirement for the availability of certificates of conformity of works that affect the safety of capital construction projects, certificates of the quality management system for such works, issued in the course of voluntary confirmation of conformity in a certain system of voluntary certification;
13. The documents specified in parts 1 and 2 of this article, the changes made to these documents, decisions on declaring them invalid are considered adopted by a self-regulatory organization if more than fifty percent of the total number of members of such an organization voted for the adoption of these documents, changes, decisions and shall enter into force not earlier than ten days after the date of their adoption.
14. Documents, changes made to documents, and decisions adopted by the general meeting of members of a self-regulatory organization or a permanent collegial management body of a self-regulatory organization, no later than three days from the date of their adoption, shall be posted on the website of this self-regulatory organization in the network " Internet" and sending it on electronic and paper media to the supervisory authority for self-regulatory organizations.
Download PDF
Print page
Article 55.5 of the Town Planning Code of the Russian Federation "Documents of a self-regulatory organization that has the right to issue certificates of admission to work that affects the safety of capital construction projects." On our website you can download article 55.5, or ask your question to an expert.
Save the page on social media networks.
Urban Planning Code of the Russian Federation
Part 5.1. Article 6 of the Town Planning Code of the Russian Federation
5.1) organization and conduct of state examination of project documentation of facilities, construction, reconstruction, overhaul of which is supposed to be carried out on the territories of two or more constituent entities of the Russian Federation, embassies, consulates and representative offices of the Russian Federation abroad, in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal maritime waters, in the territorial sea of the Russian Federation, defense and security facilities, other facilities, information about which constitutes a state secret, highways federal significance, facilities cultural heritage(monuments of history and culture) of federal significance (during major repairs in order to preserve them), especially dangerous, technically complex and unique objects specified in Article 48.1 of this Code, as well as the results of engineering surveys performed to prepare design documentation for the objects specified in this paragraph ;
Article 47 Engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction projects
1. Engineering surveys are carried out for the preparation of project documentation, construction, reconstruction of capital construction projects. It is not allowed to prepare and implement design documentation without performing appropriate engineering surveys.
Federal Law No. 148-FZ of January 1, 2001 reworded Part 2 of Article 47 of this Code
2. Types of work on engineering surveys that affect the safety of capital construction facilities should be carried out only by individual entrepreneurs or legal entities who have certificates of admission to such types of work issued by a self-regulatory organization. Other types of engineering survey work can be performed by any natural or legal persons.
3. The persons performing engineering surveys are the developer or an individual or legal entity engaged on the basis of a contract by the developer or a person authorized by him (hereinafter referred to as the customer) that meets the requirements provided for by part 2 of this article.
4. Engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction facilities are carried out in order to obtain:
1) materials on the natural conditions of the territory where the construction, reconstruction of capital construction facilities will be carried out, and the factors of man-made impact on the environment, on the forecast of their changes, necessary for the development of decisions regarding such a territory;
2) materials necessary to justify the layout of buildings, structures, structures, making design and space-planning decisions in relation to these buildings, structures, structures, designing the engineering protection of such facilities, developing environmental protection measures, a construction organization project, reconstruction of capital facilities construction;
3) materials necessary for carrying out calculations of foundations, foundations and structures of buildings, structures, structures, their engineering protection, developing decisions on carrying out preventive and other necessary measures, performing earthworks, as well as for preparing decisions on issues that arose during the preparation of project documentation , its agreement or approval.
4.1. The results of engineering surveys are a document on the completed engineering surveys, containing materials in text form and in the form of maps (diagrams) and reflecting information about the tasks of engineering surveys, the location of the territory on which it is planned to carry out construction, reconstruction of a capital construction object, types, the scope, methods and timing of engineering surveys in accordance with the engineering survey program, the quality of engineering surveys performed, the results of a comprehensive study of the natural and man-made conditions of the specified territory, including the results of studying, assessing and forecasting possible changes in natural and technogenic conditions of the specified territory in relation to the capital construction object during construction, reconstruction of such an object and after their completion, and on the results of assessing the impact of construction, reconstruction of such an object on other capital construction objects a.
5. The need to perform certain types of engineering surveys, the composition, scope and method of their implementation are established taking into account the requirements of technical regulations by the engineering survey program developed on the basis of the assignment of the developer or customer, depending on the type and purpose of capital construction objects, their design features, technical complexity and potential danger, the stage of architectural and construction design, as well as the complexity of topographic, engineering-geological, environmental, hydrological, meteorological and climatic conditions the territory on which construction will be carried out, reconstruction of capital construction facilities, the degree of study of these conditions.
6. Types of engineering surveys, the procedure for their implementation for the preparation of design documentation, construction, reconstruction of capital construction facilities, as well as the composition, form of materials and results of engineering surveys, the procedure for the formation and maintenance of the state fund of materials and engineering survey data, taking into account the needs of information systems for urban planning activities are established by the Government of the Russian Federation.
See comments to Article 47 of the Town Planning Code of the Russian Federation
Federal Law No. 210-FZ of January 1, 2001 amended Article 48 of this Code, which shall enter into force on January 1, 2006.
Article 48 Architectural and construction design
1. Architectural and construction design is carried out by preparing design documentation in relation to capital construction objects and their parts, which are under construction, reconstructed within the boundaries of the land plot owned by the developer, as well as in cases of major repairs of capital construction objects, if during its implementation structural and other characteristics are affected reliability and safety of such facilities (hereinafter referred to as overhaul).
2. Project documentation is documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional, technological, structural and engineering solutions to ensure the construction, reconstruction of capital construction facilities, their parts, major repairs, if when it is carried out, the design and other characteristics of the reliability and safety of capital construction projects are affected.
3. The preparation of project documentation is not required during the construction, reconstruction, overhaul of individual facilities. housing construction(separate residential buildings with the number of floors not more than three, designed for one family). The developer, on his own initiative, has the right to ensure the preparation of project documentation in relation to the objects of individual housing construction.
Federal Law No. 148-FZ of January 1, 2001 reworded Part 4 of Article 48 of this Code
See the text of the part in the previous edition
4. Types of work on the preparation of project documentation that affect the safety of capital construction facilities should be carried out only individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization. Other types of work on the preparation of project documentation can be performed by any individuals or legal entities.
5. The persons involved in the preparation of project documentation may be the developer or an individual or legal entity engaged on the basis of a contract by the developer or the customer that meets the requirements provided for by part 4 of this article. An agreement on the preparation of project documentation may provide for a task for the performance of engineering surveys, ensuring specifications.
6. If the preparation of project documentation is carried out by an individual or legal entity on the basis of an agreement with the developer or customer, the developer or customer is obliged to provide such a person with:
1) urban plan land plot;
2) the results of engineering surveys (if they are not available, the contract must provide for an assignment for the performance of engineering surveys);
3) technical conditions (in the event that the operation of the projected capital construction object cannot be ensured without connecting such an object to engineering and technical support networks).
7. Technical conditions providing for the maximum load and terms for connecting capital construction facilities to engineering and technical support networks, the validity period of technical conditions, as well as information on connection fees are provided by organizations operating engineering networks, without charging a fee for fourteen days at the request of local authorities or copyright holders land plots. The period of validity of the technical conditions provided and the term of the connection fee are established by organizations operating utility networks for at least two years, with the exception of cases provided for by the legislation of the Russian Federation. The owner of the land plot within a year from the date of receipt of the technical specifications and information on the connection fee must determine the required load to be connected to the engineering networks within the limits of the technical conditions provided to him.
8. The organization that operates engineering and technical support networks is obliged to provide the right holder of the land plot with the connection of the constructed or reconstructed capital construction object to the engineering and technical support networks in accordance with the technical conditions and information on the connection fee provided to the right holder of the land plot.
On the Rules for the conclusion and execution of public agreements on connection to utility infrastructure systems, see Decree of the Government of the Russian Federation of June 9, 2007 N 360
Decree of the Government of the Russian Federation of 01.01.01 N 83 approved the Rules for determining and providing technical conditions for connecting a capital construction object to engineering networks and the Rules for connecting a capital construction object to engineering networks
Federal Law No. 258-FZ of January 1, 2001 amended Part 9 of Article 48 of this Code. The amendments shall enter into force on January 1, 2007.
See the text of the part in the previous edition
9. Local self-government body no later than thirty days before the day of the relevant auction, or before the day the decision is made to provide a land plot in state or municipal ownership for construction, or before the day the decision is made on the preliminary approval of the location of the capital construction object provides interested parties with technical conditions for connection to engineering and technical networks, providing for the maximum load, the period for connecting a capital construction object to engineering and technical networks, the validity period of technical specifications, information on the connection fee, as well as on the payment for technological connection to electric networks .
10. The procedure for determining and providing technical conditions and determining the connection fee, as well as the procedure for connecting a capital construction object to engineering networks may be established by the Government of the Russian Federation.
11. Preparation of project documentation is carried out on the basis of the task of the developer or customer (when preparing project documentation on the basis of a contract), the results of engineering surveys, the town-planning plan of the land plot in accordance with the requirements of technical regulations, specifications, permission to deviate from the limiting parameters of permitted construction, reconstruction capital construction projects.
12. The design documentation for capital construction facilities, with the exception of design documentation for linear facilities, includes the following sections:
1) explanatory note with the initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction projects, including the results of engineering surveys, technical conditions;
2) the scheme of the planning organization of the land plot, made in accordance with the town-planning plan of the land plot;
3) architectural solutions;
4) constructive and space-planning solutions;
5) information about engineering equipment, engineering and technical support networks, a list of engineering and technical measures, the content of technological solutions;
6) a project for organizing the construction of capital construction facilities;
7) a project for the organization of work on the demolition or dismantling of capital construction objects, their parts (if necessary, the demolition or dismantling of capital construction objects, their parts for construction, reconstruction of other capital construction objects);
8) a list of measures for environmental protection;
9) a list of measures to ensure fire safety;
10) a list of measures to ensure access of persons with disabilities to healthcare facilities, education, culture, recreation, sports and other social, cultural and domestic facilities, transport, trade facilities, Catering, objects of business, administrative, financial, religious purposes, objects of the housing stock (in the case of preparation of the relevant project documentation);
Federal Law No. 215-FZ of January 1, 2001 amended Item 11 of Part 12 of Article 48 of this Code
See the text of the paragraph in the previous edition
11) estimates for the construction, reconstruction, overhaul of capital construction facilities financed from the funds of the relevant budgets;
12) other documentation in cases stipulated by federal laws.
12.1. Preparation of project documentation at the initiative of the developer or customer can be carried out in relation to individual stages of construction, reconstruction of capital construction projects.
Federal Law No. 232-FZ of January 1, 2001 amended Part 13 of Article 48 of this Code. The amendments shall enter into force on January 1, 2007.
See the text of the part in the previous edition
13. The composition and requirements for the content of sections of project documentation in relation to various types of capital construction objects, including linear objects, the composition and requirements for the content of sections of project documentation in relation to individual stages of construction, reconstruction of capital construction objects, as well as the composition and requirements for the content of the sections of the design documentation submitted for the state examination of the design documentation and to the state construction supervision bodies are established by the Government of the Russian Federation.
14. Project documentation for nuclear facilities (including nuclear installations, storage facilities for nuclear materials and radioactive substances), hazardous production facilities, determined in accordance with the legislation of the Russian Federation, especially dangerous, technically complex, unique facilities, defense and security facilities as well should contain a list of civil defense measures, measures to prevent natural and man-made emergencies.
15. Project documentation is approved by the developer or customer. In the cases provided for in Article 49 of this Code, the developer or customer, prior to the approval of the project documentation, sends it for state expertise. At the same time, the project documentation is approved by the developer or customer in the presence of a positive conclusion of the state examination of the project documentation.
16. It is not allowed to demand approval of project documentation, conclusion on project documentation and other documents not provided for by this Code.
See comments to Article 48 of the Town Planning Code of the Russian Federation
Article 49 State expertise of project documentation and results of engineering surveys, state environmental expertise of project documentation of facilities, construction, reconstruction, overhaul of which is 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 lands of specially protected natural areas
1. Design documentation for capital construction projects and the results of engineering surveys carried out for the preparation of such design documentation are subject to state expertise, except for the cases provided for by this article.
2. State expertise is not carried out in relation to the design documentation of the following capital construction projects:
1) free standing residential buildings with the number of floors not more than three, intended for the residence of one family (objects of individual housing construction);
2) residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the neighboring block or neighboring blocks, located on a separate land plot and has access to the common area (residential houses of blocked development);
3) apartment buildings with no more than three floors, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area use;
4) detached capital construction facilities with no more than two floors, the total area of which is no more than 1500 square meters and which are not intended for citizens to live and carry out production activities, with the exception of objects that, in accordance with Article 48.1 of this Code, are especially dangerous, technically complex or unique objects;
5) detached capital construction projects with no more than two floors, the total area of which is no more than 1500 square meters, which are intended for the implementation of production activities and for which the establishment of sanitary protection zones is not required or for which sanitary protection zones are established within the boundaries of the land plots on which such objects are located or the establishment of such zones is required, with the exception of objects that, in accordance with with Article 48.1 of this Code are especially dangerous, technically complex or unique objects.
3. State examination of project documentation is not carried out if construction, reconstruction, major repairs do not require a construction permit, as well as in the case of such an examination in relation to the design documentation of capital construction facilities that has received a positive conclusion from the state examination and is reused ( hereinafter referred to as standard design documentation), or modifications of such design documentation that do not affect the design and other characteristics of the reliability and safety of capital construction projects.
See the Regulation on the criteria for classifying design documentation as standard design documentation, as well as modified standard design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction projects, approved by order of the Ministry of Regional Development of the Russian Federation of July 9, 2007 N 62
3.1. State examination of the results of engineering surveys is not carried out if engineering surveys were carried out for the preparation of design documentation for capital construction facilities specified in Part 2 of this Article, as well as if construction, reconstruction, major repairs do not require a construction permit.
3.2. The results of engineering surveys may be submitted for state expertise simultaneously with the design documentation or before the design documentation is submitted for state expertise.
4. The state expertise of project documentation and the state expertise of the results of engineering surveys are carried out by the federal executive body, the executive body of the constituent entity of the Russian Federation authorized to conduct state expertise of the project documentation, or state (budgetary or autonomous) institutions subordinate to the said bodies.
See Temporary regulation on the distribution of powers for the state examination of project documentation for the construction of facilities in the Glavgosexpertiza of Russia, approved by the order of the Glavgosexpertiza of the Russian Federation of April 5, 2007 N 34-r
Federal Law No. 309-FZ of January 1, 2001 amended Part 4.1 of Article 49 of this Code
See the text of the part in the previous edition
4.1. State expertise of project documentation for all facilities specified in paragraph 5.1 of Article 6 of this Code, and state expertise of the results of engineering surveys carried out for the preparation of such project documentation, unless otherwise provided by the Federal Law "On the Enactment of the Town Planning Code of the Russian Federation", are carried out by the federal executive body specified in paragraph one of part 3 of Article 6.1 of this Code, or by a state (budgetary or autonomous) institution subordinate to it, except in cases where a decree of the President of the Russian Federation in relation to defense and security facilities or a regulatory legal act of the Government of the Russian Federation in relation to facilities, the construction, reconstruction, overhaul of which is 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 territory flax sea of the Russian Federation, as well as in relation to facilities related to the placement and disposal of waste I-V class danger, other federal executive bodies are determined.
4.2. State expertise of project documentation for other capital construction projects and state expertise of the results of engineering surveys carried out for the preparation of such project documentation are carried out by the executive authority of the constituent entity of the Russian Federation or a state (budgetary or autonomous) institution subordinate to it at the location of the land plot on which it is planned to carry out construction , reconstruction, overhaul of a capital construction facility.
5. The subject of state expertise is the assessment of compliance of project documentation with the requirements of technical regulations, including sanitary and epidemiological, environmental requirements, the requirements of state protection of cultural heritage sites, the requirements of fire, industrial, nuclear, radiation and other safety, as well as the results of engineering surveys, and assessment of compliance of engineering survey results with the requirements of technical regulations.
On approval of the form and procedure for registration of the declaration fire safety see order of the Ministry of Emergency Situations of the Russian Federation of 01.01.01 N 91 (did not enter into force)
Federal Law No. 309-FZ of January 1, 2001 amended Part 6 of Article 49 of this Code
See the text of the part in the previous edition
6. It is not allowed to conduct other state examinations of project documentation, with the exception of the state examination of project documentation provided for in this article, as well as the state environmental examination of project documentation for facilities, construction, reconstruction, major repairs 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 the lands of specially protected natural areas, as well as project documentation for facilities related to the placement and disposal of waste of hazard class I-V.
6.1. In order to carry out the state expertise of project documentation and the state environmental expertise of project documentation of objects, the construction, reconstruction, overhaul of which is supposed to be carried out on the lands of specially protected natural areas, such project documentation in established by the Government The Russian Federation shall be submitted in the following order:
1) the federal executive body authorized to conduct state examination of project documentation in respect of facilities, the construction, reconstruction, overhaul of which is supposed to be carried out on the lands of specially protected natural areas of federal significance, and in relation to especially dangerous, technically complex and unique facilities, objects defense and security, construction, reconstruction, overhaul of which is supposed to be carried out on the lands of specially protected natural territories of the regional and local importance, in cases where the construction, reconstruction, major repairs of such facilities on the lands of specially protected natural areas are allowed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;
2) the executive authority of the subject of the Russian Federation, authorized to conduct state examination of project documentation, in relation to objects, the construction, reconstruction, overhaul of which is supposed to be carried out on the lands of specially protected natural areas of regional and local significance, with the exception of project documentation of the objects specified in paragraph 1 of this part.
6.2. The federal executive body, the executive body of the subject of the Russian Federation, authorized to conduct state examination of project documentation and in accordance with part 4 of this article carrying out such state examination, send the project documentation submitted by the customer of the objects specified in subparagraph 7.1 of Article 11 and subparagraph 4.1 of Article 12 Federal Law No. 174-FZ of 01.01.01 "On Ecological Expertise", for state environmental expertise in accordance with the procedure established by this Federal Law.
6.3. The results of the state examination of project documentation and the state environmental examination of project documentation of facilities, construction, reconstruction, major repairs of which are supposed to be carried out on the lands of specially protected natural areas, are the relevant conclusions.
7. The term for the state examination is determined by the complexity of the capital construction object, but should not exceed three months.
Federal Law No. 148-FZ of January 1, 2001 reworded Part 8 of Article 49 of this Code
See the text of the part in the previous edition
8. The grounds for refusal to accept the design documentation and (or) the results of engineering surveys sent for state expertise are:
1) the absence in the design documentation of the sections provided for by parts 12 and 13 of Article 48 of this Code;
2) preparation of project documentation by a person that does not meet the requirements specified in parts 4 and 5 of Article 48 of this Code;
3) the absence of the results of engineering surveys specified in paragraph 6 of Article 47 of this Code, or the absence of a positive conclusion of the state examination of the results of engineering surveys (in the event that the results of engineering surveys were sent for state examination before the design documentation was sent for state examination);
4) non-compliance of the results of engineering surveys with the composition and form established in accordance with part 6 of Article 47 of this Code;
5) performance of engineering surveys, the results of which are sent for state expertise, by a person that does not meet the requirements specified in parts 2 and 3 of Article 47 of this Code;
6) sending for state examination not all documents provided for by the Government of the Russian Federation in accordance with part 11 of this article;
7) sending project documentation and (or) results of engineering surveys to the executive authority, government agency if, in accordance with this Code, the state examination of such project documentation and (or) the results of engineering surveys is carried out by another executive authority, another state institution;
8) submission of project documentation and (or) results of engineering surveys not subject to state expertise.
Federal Law No. 148-FZ of January 1, 2001 amended Part 9 of Article 49 of this Code
See the text of the part in the previous edition
9. The result of the state examination of project documentation is a conclusion on the compliance (positive opinion) or non-compliance (negative opinion) of the design documentation with the requirements of technical regulations and the results of engineering surveys, the requirements for the content of sections of the design documentation provided for in accordance with Part 13 of Article 48 of this Code, and also on the compliance of the results of engineering surveys with the requirements of technical regulations (if the results of engineering surveys were sent for state expertise simultaneously with the design documentation). In the event that the results of engineering surveys were sent for state expertise before the design documentation was sent for state expertise, the result of the state expertise is a conclusion on the compliance (positive opinion) or non-compliance (negative opinion) of the engineering survey results with the requirements of technical regulations.
On the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and engineering survey results, see the order federal agency on construction and housing and communal services of July 2, 2007 N 188
10. The negative conclusion of the state examination may be challenged by the developer or customer in judicial order. The developer or customer has the right to re-send the project documentation and (or) the results of engineering surveys for state expertise after making the necessary changes to them.
11. The procedure for organizing and conducting state examination of project documentation and engineering survey results, the amount of the fee for conducting state examination of project documentation and engineering survey results and the procedure for its collection are established by the Government of the Russian Federation.
See comments to Article 49 of the Town Planning Code of the Russian Federation
Federal Law No. 232-FZ of January 1, 2001 reworded Article 50 of this Code, which shall enter into force on January 1, 2007.
See the text of the article in the previous edition
Art. 55 Town Planning Code in the latest valid version of December 28, 2019.
The article has new edition effective January 1, 2021.
See changes in a future edition
Compare with the editorial office of the article dated 01.01.2021 06/27/2019 01/01/2019 09/01/2018 01/01/2018 01/01/2017 01/31/2016 07/04/2016 07/23/2015 01/22/2015 06/25/2013 06/25/2012 06/25/2012 01/01/2012 11/29/2011 07/22/2011 07/01/2011 03/25/2011 12/07/2010 11/27/2009 01/01/2009 05/17/2008 01/01/2007 07/29/2006 01/01/2020
The permission to put the facility into operation is a document that certifies the construction, reconstruction of the capital construction facility in full in accordance with the construction permit, project documentation, as well as the compliance of the constructed, reconstructed capital construction facility with the requirements for construction, reconstruction of the capital construction facility, established on the date of issue of the land plot urban planning plan submitted for obtaining a construction permit, the permitted use of the land plot or, in the case of construction, reconstruction of a linear facility, the territory planning project and the land surveying project (except for cases in which the construction, reconstruction of a linear facility does not require preparation territory planning documentation), the territory planning project in case of issuing a permit for commissioning a linear facility, for which no the formation of a land plot is required, as well as the restrictions established in accordance with the land and other legislation of the Russian Federation.
To put the object into operation, the developer applies to the federal executive authority, the executive authority of the constituent entity of the Russian Federation, the local government, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos", which issued the construction permit, directly or through multifunctional center with an application for a permit to put the facility into operation. Developers whose names contain the words "specialized developer" can also apply with this application using a single information system housing construction, except for cases where, in accordance with a regulatory legal act of a constituent entity of the Russian Federation, the issuance of a permit for putting an object into operation is carried out through other information systems that must be integrated with a unified information system for housing construction.
The federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos", authorized to issue permits for putting the object into operation, issue these permits in relation to the stages construction, reconstruction of capital construction facilities in cases provided for by part 12 of article 51 and part 3.3 of article 52 of this Code.
To make a decision on issuing a permit to commission an object, the following documents are required:
The documents (their copies or information contained in them) specified in clauses 1, 2, 3 and 9 of part 3 of this article are requested by the bodies specified in part 2 of this article, in state bodies, local governments and subordinate government bodies or local self-government organizations, at the disposal of which these documents are located, if the developer has not submitted these documents on his own.
The documents referred to in clauses 1, 4, 5, 6, 7 and 8 of part 3 of this article shall be sent by the applicant independently if the said documents (their copies or information contained in them) are not at the disposal of state authorities, local governments or subordinate state bodies or local self-government organizations. If the documents specified in this part are at the disposal of state authorities, local governments or organizations subordinate to state bodies or local governments, such documents are requested by the body specified in part 2 of this article, in the bodies and organizations at the disposal of which the said documents, if the developer has not submitted these documents on his own.
At interdepartmental requests of the bodies specified in part 2 of this article, the documents (their copies or information contained in them) provided for in part 3 of this article are provided by state bodies, local governments and organizations subordinate to state bodies or local governments, at the disposal of which these documents are located no later than three working days from the date of receipt of the relevant interdepartmental request.
In the event that an application for issuing a permit to put an object into operation in relation to the stage of construction, reconstruction of a capital construction object has been submitted, the documents specified in paragraphs 4, 6 - 12 of part 3 of this article are drawn up in the part related to the corresponding stage of construction, reconstruction capital construction object. In this case, the application for issuing a permit to put an object into operation in relation to the construction stage, reconstruction of a capital construction object shall indicate information on previously issued permits to put the object into operation in relation to the construction stage, reconstruction of a capital construction object (if any).
In addition to those provided for by Part 3 of this article, the Government of the Russian Federation may establish other documents necessary for obtaining a permit to put an object into operation in order to obtain in full the information necessary for putting a capital construction object on state accounting.
To obtain a permit to put an object into operation, it is allowed to require only the documents specified in parts 3 and 4 of this article. Documents provided for by parts 3 and 4 of this article may be sent in electronic form. Permission to put the object into operation is issued in the form of an electronic document signed electronic signature, if it is indicated in the application for issuing a permit to put the object into operation. The Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation (in relation to cases of issuing a permit for putting an object into operation by executive authorities of constituent entities of the Russian Federation, local authorities) may establish cases in which the direction indicated in parts 3 and 4 of this article documents and issuance of permits for commissioning are carried out exclusively in electronic form. The procedure for sending the documents specified in parts 3 and 4 of this article to the federal executive authorities authorized to issue permits for putting the facility into operation, the executive authorities of the constituent entity of the Russian Federation, local governments, the State Atomic Energy Corporation "Rosatom" or the State Corporation for space activities "Roskosmos" in electronic form is established by the Government of the Russian Federation.
The authority, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roscosmos" that issued the construction permit, within five working days from the date of receipt of the application for issuing a permit to put the facility into operation, must ensure that the documents are available and correctly executed specified in paragraph 3 of this article, inspection of the capital construction facility and issue the applicant a permit to put the facility into operation or refuse to issue such a permit, indicating the reasons for the refusal. During the inspection of the constructed, reconstructed capital construction object, the compliance of such an object with the requirements specified in the building permit, the requirements for construction, reconstruction of the capital construction object established on the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit is checked, or in the case of construction , reconstruction of a linear facility with the requirements of the territory planning project and the land surveying project (except for cases in which the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation), the requirements established by the territory planning project, in case of issuing a permit for commissioning a linear object, the placement of which does not require the formation of a land plot, as well as the permitted use of the land plot, restrictions established in accordance with the land and other the legislation of the Russian Federation, the requirements of project documentation, including the requirements of energy efficiency and the requirements for equipping a capital construction facility with metering devices for energy resources used. If during the construction, reconstruction of a capital construction object, state construction supervision is carried out in accordance with part 1 of Article 54 of this Code, inspection of such an object by the body that issued the construction permit is not carried out.
The grounds for refusal to issue a permit to put the facility into operation are:
Non-receipt (late receipt) of the documents requested in accordance with parts 3.2 and 3.3 of this article cannot be grounds for refusing to issue a permit to put the facility into operation.
Refusal to issue a permit to commission an object may be challenged in court.
A permit to put an object into operation (with the exception of a linear object) is issued to the developer if the federal executive authority, the executive authority of the constituent entity of the Russian Federation, the local government, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities " Roskosmos, which issued the construction permit, transferred free of charge a copy of the diagram showing the location of the constructed, reconstructed capital construction facility, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot, for placement of such a copy in the state information system for ensuring urban planning activities.
The federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body, the State Corporation for Atomic Energy "Rosatom" or the State Corporation for Space Activities "Roskosmos", which issued the permit to put the facility into operation, within five working days from the date of issue such permission is ensured (including using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it) transfer to state authorities of the constituent entities of the Russian Federation authorized to be placed in state information systems for ensuring urban planning activities, local authorities municipal districts, city districts information, documents, materials specified in paragraphs 3, 9 - 9.2, 11 and 12 of part 5 of Article 56 of this Code.
Permission to put the object into operation is the basis for state registration of the constructed capital construction object, making changes to the state accounting documents of the reconstructed capital construction object.
A mandatory annex to the permission to put the facility into operation is the technical plan of the capital construction facility submitted by the applicant, prepared in accordance with the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate".
The permit to put the object into operation must contain information about the capital construction object in the amount necessary for the implementation of its state cadastral registration. The composition of such information must comply with the requirements established in accordance with the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" for the composition of information in the graphic and text parts of the technical plan.
After the completion of the construction of the capital construction object, the person carrying out the construction is obliged to transfer to the developer of such an object the results of engineering surveys, project documentation, certificates of examination of works, structures, sections of engineering and technical support networks of the capital construction object, other documentation necessary for the operation of such an object.
When carrying out work to preserve a cultural heritage object, a permit for commissioning such an object is issued taking into account the specifics established by the legislation of the Russian Federation on the protection of cultural heritage objects.
The form of permission to put an object into operation is established by the federal executive body authorized by the Government of the Russian Federation.
Within three working days from the date of issuance of a permit to put the object into operation, the body that issued such a permit sends a copy of such a permit to the federal executive body authorized to exercise state construction supervision, if a permit has been issued to put into operation capital construction facilities specified in paragraph 5.1 of Article 6 of this Code, or to the executive authority of the constituent entity of the Russian Federation authorized to exercise state construction supervision, if a permit has been issued for the commissioning of other capital construction facilities.
In the cases provided for by clause 9 of part 7 of article 51 of this Code, within three working days from the date of issuance of a permit to put the facility into operation, the federal executive authority, the executive authority of the constituent entity of the Russian Federation, the local government, the State Atomic Energy Corporation Rosatom "or the State Corporation for Space Activities" Roskosmos ", which issued such a permit, send (including using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it) a copy of such permission to state authorities or local governments that accepted decision to establish or change a zone with special conditions use of the territory in connection with the location of the facility, in respect of which a permit was issued to put the facility into operation.
A permit to put an object into operation is not required if, in accordance with paragraph 17 of Article 51 of this Code, the issuance of a construction permit is not required for the construction or reconstruction of the object.
In the case of construction or reconstruction of an individual housing construction object or a garden house, the developer, within a period not later than one month from the date of completion of construction or reconstruction of an individual housing construction object or a garden house, submits on paper by means of a personal appeal to the federal executive body authorized to issue building permits , an executive authority of a constituent entity of the Russian Federation or a local government, including through a multifunctional center, or sends to these authorities by mail with a return receipt or a single portal of state and municipal services a notification of the completion of construction or reconstruction of an individual housing construction or garden houses (hereinafter referred to as the notice of completion of construction). The notice of completion of construction must contain the information provided for in paragraphs 1-5, 7 and 8 of part 1 of Article 51.1 of this Code, as well as information on the parameters of the constructed or reconstructed individual housing construction or garden house, on payment of the state fee for state registration of rights, on the method of sending the developer a notice provided for in clause 5 of part 19 of this article. Attached to the notice of completion of construction:
If the notice of completion of construction lacks the information provided for in paragraph one of part 16 of this article, or the documents attached to it and provided for in paragraphs 1-3 of part 16 of this article, as well as if the notice of completion of construction was received after the expiration of ten years from the date of receipt of a notice of planned construction, in accordance with which the construction or reconstruction of an individual housing construction object or a garden house was carried out, or a notification of the planned construction of such an individual housing construction object or a garden house was not previously sent (including it was returned to the developer in accordance with with Part 6 of Article 51.1 of this Code) authorized to issue construction permits by the federal executive body, executive body of a subject of the Russian Federation or local government within three working days from the date of receipt returns the notice of completion of construction and the documents attached to it to the developer without consideration, indicating the reasons for the return. In this case, the notice of completion of construction is considered not sent.
The form of notification of the completion of construction is approved by the federal executive body responsible for the development and implementation of public policy and legal regulation in the field of construction, architecture, urban planning.
The federal executive body, the executive body of the subject of the Russian Federation or the local self-government body authorized to issue building permits within seven working days from the date of receipt of the notice of completion of construction:
Notification of the non-compliance of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning is sent only in the following cases:
A copy of the notice of non-compliance of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning shall be sent within the time period specified in Part 19 of this Article by the federal executive body authorized to issue construction permits, the executive body of the constituent entity of the Russian Federation or the local authority self-government to the registration authority, as well as:
1. The powers of the state authorities of the Russian Federation in the field of urban planning activities include:
1) preparation and approval of territorial planning documents of the Russian Federation;
2) approval of the territory planning documentation in the cases provided for by this Code;
3) technical regulation in the field of urban planning;
3.1) maintenance state register self-regulating organizations;
3.2) implementation of state supervision over the activities of self-regulatory organizations;
3.3) applying to an arbitration court with a request to remove information about a self-regulatory organization from the state register of self-regulatory organizations in the cases provided for by this Code and other federal laws;
3.4) establishment of a list of types of work on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities;
3.5) maintenance of the federal state information system of territorial planning;
3.6) establishment of rules for the formation and maintenance of the construction information classifier;
3.8) establishment of rules for the formation and maintenance of the information model, the composition of information, documents and materials to be included in the information model;
3.9) a list of cases in which the formation and maintenance of an information model are mandatory;
4) establishing the procedure for maintaining the state information system for ensuring the urban planning activities of the Russian Federation, the requirements for the procedure for including information, documents, materials in the form of electronic documents necessary for the implementation of urban planning activities, and (or) information models in such an information system, as well as the procedure for maintaining state information systems for ensuring urban planning activities of the constituent entities of the Russian Federation;
4.1) establishing requirements for programs for the integrated development of communal infrastructure systems of settlements, urban districts, programs for integrated development transport infrastructure settlements, urban districts, programs for the integrated development of the social infrastructure of settlements, urban districts;
5) has become invalid;
5.1) organizing and conducting state examination of project documentation for facilities, the construction, reconstruction of which is supposed to be carried out in the territories of two or more constituent entities of the Russian Federation (including the reconstruction of facilities located in the territories of two or more constituent entities of the Russian Federation, carried out in the territory of one constituent entity of the Russian Federation), embassies, consulates and representative offices of the Russian Federation abroad, 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, defense and security facilities, other objects, information about which constitutes a state secret, federal highways value, infrastructure capital construction projects railway transport general use and facilities for the capital construction of air transport infrastructure (in the case of the construction of these facilities under a concession agreement or other agreements providing for the emergence of the Russian Federation’s ownership of these facilities), cultural heritage sites (monuments of history and culture) of federal significance (in the event that when carrying out work to preserve an object of cultural heritage of federal significance, the design and other characteristics of the reliability and safety of such an object) are affected) indicated in especially dangerous, technically complex and unique objects, objects used for the neutralization and (or) disposal of waste of hazard classes I - V, other objects determined by the Government of the Russian Federation, as well as the results of engineering surveys carried out for the preparation of project documentation for the objects specified in this clause;
5.2) establishing the procedure for organizing and conducting state examination of project documentation and state examination of engineering survey results, non-state examination of project documentation and non-state examination of engineering survey results, the amount of payment for conducting state examination of project documentation and state examination of engineering survey results, the procedure for charging this fee;
5.3) establishment of the procedure for appealing the conclusions of the examination of design documentation and (or) examination of the results of engineering surveys;
5.4) establishing the procedure for accreditation of legal entities for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys;
5.5) establishing the procedure for maintaining the state register of legal entities accredited for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys;
5.6) maintaining a state register of legal entities accredited for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys;
5.7) establishing the procedure for attestation, re-certification for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys, including the procedure for extending the validity period of the qualification certificate for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys;
5.8) certification, re-certification for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys, cancellation of qualification certificates for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys;
5.9) establishment of the procedure for maintaining a register of persons certified for the right to prepare conclusions for the examination of project documentation and (or) examination of the results of engineering surveys;
5.10) maintaining a register of persons certified for the right to prepare conclusions for the examination of design documentation and (or) examination of the results of engineering surveys;
5.11) setting criteria economic efficiency project documentation;
5.12) establishing the procedure for recognizing design documentation as cost-effective design documentation for reuse;
6) establishment of the procedure for the implementation of state construction supervision and organization of scientific and methodological support for such supervision;
7) implementation of federal state construction supervision in the cases provided for by this Code;
7.1) exercising control over the observance by public authorities of the subjects of the Russian Federation, local governments of the legislation on urban planning activities;
7.2) coordination of draft schemes for territorial planning of municipal districts, projects master plans settlements, urban districts, draft rules for land use and development in cases provided for by this Code;
7.3) establishing the procedure for monitoring the development and approval of programs for the integrated development of communal infrastructure systems of settlements, urban districts, programs for the integrated development of the transport infrastructure of settlements, urban districts, programs for the integrated development of the social infrastructure of settlements, urban districts;
7.4) approval of exhaustive lists of procedures established by federal laws and other regulatory legal acts of the Russian Federation and carried out by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, individual entrepreneurs, organizations in relation to individuals and legal entities that are subjects of urban planning relations, in order to prepare by such individuals and legal entities documentation on the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction facilities (hereinafter referred to as the exhaustive lists of procedures in the areas of construction), as well as the procedure for maintaining a register of descriptions of the procedures specified in these lists . In these lists, taking into account the peculiarities of the implementation of urban planning activities in the territories of the constituent entities of the Russian Federation and the territories municipalities on the proposal of the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation), the procedures provided for by the regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts may be included;
7.5) approval of estimated standards;
7.6) approval of methods for determining estimated prices building resources;
7.7) establishing the procedure for monitoring the prices of construction resources, including the types of information necessary for the formation of estimated prices for construction resources, the procedure for its provision, as well as the procedure for determining persons obliged to provide the specified information;
7.8) establishing the procedure for maintaining the federal state information system for pricing in construction;
7.9) formation and maintenance of the federal register of estimated standards;
7.10) maintenance of the federal state information system for pricing in construction;
7.11) establishing the procedure for the formation and maintenance of the federal register of estimated standards;
7.12) formation and maintenance of the classifier of building resources;
7.13) establishing the procedure for the formation and maintenance of the classifier of building resources;
7.14) assertion consolidated standards construction prices;
7.15) approval of methods for the development and application of aggregated construction price standards;
7.16) establishing the procedure for approving the aggregated norms for the price of construction;
7.17) approval of the order of determination estimated cost construction in relation to capital construction facilities located outside the territory of the Russian Federation and financed with the involvement of budget funds budget system the Russian Federation, funds of legal entities established by the Russian Federation, constituent entities of the Russian Federation, municipalities, legal entities, the share in the authorized (share) capital of which of the Russian Federation, constituent entities of the Russian Federation, municipalities is more than 50 percent;
7.18) approval of the classifier of capital construction objects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register of conclusions on the examination of design documentation for capital construction objects);
8) exercising other powers referred by this Code and other federal laws to the powers of state authorities of the Russian Federation.
2. The Government of the Russian Federation approves exhaustive lists of procedures in the areas of construction, taking into account the specifics of the implementation of urban planning activities in the territories of the constituent entities of the Russian Federation and the territories of municipalities, the procedure for making changes to these lists, the procedure for maintaining a register of descriptions of procedures specified in these lists.
3. Establishment by the bodies, individual entrepreneurs, organizations specified in clause 7.4 of part 1 of this article of the obligation to carry out procedures that are not provided for by exhaustive lists of procedures in the areas of construction, in relation to individuals and legal entities that are subjects of urban planning relations, in order to prepare such individuals and by legal entities of documentation on the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction projects is not allowed.
1. This article establishes the powers of state authorities at the federal level, namely the Government of the Russian Federation and federal executive authorities, including authorized ones.
The powers of public authorities specified in this article imply the performance by the named authorities of certain actions (independently, together with other authorities or in agreement with them), the implementation of the rule-making functions assigned to them or other specific functions.
It should be noted that in the title and part 1 of the commented Article 6 of the Civil Code of the Russian Federation, the definition “powers of state authorities of the Russian Federation” is used. At the same time, the Code establishes the powers of only the Government of the Russian Federation and federal executive bodies, but does not establish the powers of other federal government bodies. If the above definition is interpreted broadly, then this means that the definition of "state authorities of the Russian Federation" applies to the President of the Russian Federation and other federal government bodies.
———————————
In the current legislation of the Russian Federation, federal government bodies are understood as the President of the Russian Federation, the Federal Assembly of the Russian Federation (the Federation Council and the State Duma), the Government of the Russian Federation, the Constitutional Court of the Russian Federation, Supreme Court RF, Higher Court of Arbitration Russian Federation (see Article 3 of the Federal Law of January 13, 1995 N 7-FZ “On the procedure for covering the activities of public authorities in public funds mass media» // SZ RF. 1995. N 3. Art. 170).
For example, if the text of the articles of the Code indicates that the state authorities of the Russian Federation have the right to submit proposals for amending the territorial planning schemes of the Russian Federation (), this means that all authorities that, in accordance with the current legislation of the Russian Federation, are federal state authorities of the Russian Federation or state authorities of the Russian Federation, including the President of the Russian Federation, have the right to exercise this right.
———————————
For more details on the administrative-legal status and competence of federal government bodies and government bodies of the Russian Federation, see: Lazarev B.M. Organs government controlled. M., 1972; Ignatyuk N.A. Competence of federal ministries. M., 2004.
The powers of the state authorities of the Russian Federation, indicated in the commented article, have certain forms of implementation.
The provisions on the preparation and approval of territorial planning documents of the Russian Federation require the existence of a number of material issues and the performance of a number of procedural actions or the observance of administrative procedures.
Material norms for the most part, as a rule, are established by law. The material norms of laws establish spheres (branches) of regulation, subjects of regulation or institutions of law.
Thus, it has been established that the territorial planning documents of the Russian Federation are the territorial planning schemes of the Russian Federation in the area of:
1) development of federal transport, means of communication, information and communications;
2) national defense and state security;
3) energy development;
4) has become invalid;
5) has become invalid;
6) development and placement of specially protected natural areas of federal significance;
7) protection of the territories of two or more constituent entities of the Russian Federation at risk of natural and man-made emergencies and the impact of their consequences;
8) development of space activities;
9) natural monopolies and in other areas provided for by the legislation of the Russian Federation.
Territorial planning schemes of the Russian Federation may include maps (schemes) of the planned location of federal capital construction facilities, including: 1) facilities of federal energy systems; 2) objects using atomic energy; 3) objects of defense and security; 4) objects of federal transport, means of communication, informatics and communications; 5) objects providing space activities; 6) facilities that ensure the status and protection of the State Border of the Russian Federation; 7) linear facilities that ensure the activities of subjects of natural monopolies, and other facilities, the placement of which is necessary for the implementation of the powers of the Russian Federation established by the Constitution of the Russian Federation, federal laws and the fulfillment of international obligations of the Russian Federation.
The solution of procedural issues, as a rule, is established by subordinate legal regulations, the adoption of which in the commented Code is entrusted mainly to the Government of the Russian Federation.
For example, the commented Code establishes that the Government of the Russian Federation approves territorial planning schemes of the Russian Federation (see part 1 of article 11), establishes the composition, procedure for preparing draft territorial planning schemes of the Russian Federation, and the procedure for amending such schemes (see part 12 article 11), the procedure for coordinating the draft territorial planning scheme of the Russian Federation, the procedure for preparing and approving the plan for the implementation of the territorial planning scheme of the Russian Federation (see part 1 of article 13), the procedure for coordinating draft territorial planning schemes for constituent entities of the Russian Federation, the composition and procedure for conciliation commissions (see part 12 of article 16), the procedure for agreeing on territorial planning documents of municipalities, the composition and procedure for the work of the conciliation commission (see).
As you can see, the procedural aspects are mainly regulated by by-laws of the Government of Russia in the form of establishing the procedure for preparing, submitting, discussing and making decisions, which are regulated by legal acts of a procedural nature - regulations.
Thus, the activities of the Government of Russia in the preparation of acts on territorial planning are established by the Regulations of the Government of the Russian Federation, approved by Decree of the Government of Russia dated June 1, 2004 N 260.
———————————
SZ RF. 2004. N 23. Art. 2313.
Federal executive authorities participating in the preparation of draft legal acts and decisions of the Government of the Russian Federation concerning territorial planning schemes of the Russian Federation should be guided in their activities by the work regulations prepared in accordance with the Model Regulations internal organization federal executive bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 N 452; as well as interact with each other in the preparation of draft legal acts and decisions of the Government, guided by the Model Regulations for the Interaction of Federal Executive Authorities, approved by Decree of the Government of the Russian Federation of January 19, 2005 N 30.
———————————
SZ RF. 2005. N 31. Art. 3233.
SZ RF. 2005. N 4. Art. 305.
According to the commented Code on uncoordinated issues of the territorial planning scheme of the Russian Federation, the Government of the Russian Federation may approve the territorial planning scheme of the Russian Federation, which provides for the placement of federal capital construction facilities (part 13, article 12).
As already mentioned, the content of the commented article also includes the powers of the federal executive authorities.
For example, in the preparation and approval of territorial planning documents of the Russian Federation, an authorized federal executive body is entitled to participate, which is entrusted with the right to coordinate draft territorial planning schemes for constituent entities of the Russian Federation in the cases specified in the commented Code (see Part 1, Article 16) .
———————————
It should be taken into account that they are not subject to mandatory state environmental review of objects at the regional level, carried out by the federal executive body and its territorial bodies in the field of environmental review in the manner established by Federal Law No. 174-FZ of November 23, 1995 "On Environmental Review" and other regulatory legal acts of the Russian Federation, draft regulatory legal acts of the constituent entities of the Russian Federation, the implementation of which may lead to a negative impact on the environment, normative-technical and instructive-methodical documents approved by the state authorities of the constituent entities of the Russian Federation and regulating economic activity, including the use natural resources and protection of the natural environment, and other activities (see the named Federal Law as amended on December 21, 2004 N 172-FZ).
When preparing documents for the territorial planning of the Russian Federation, the authorities preparing the documents must be guided by the Instruction on the procedure for the development, approval, examination and approval of urban planning documentation, approved by the Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Complex of October 29, 2002 N 150 (registered in the Ministry of Justice of the Russian Federation on February 12, 2003 N 4207).
———————————
Bulletin of normative acts of the federal organs of executive power. 2003. No. 15.
2. At the federal level, on behalf of the state authorities of the Russian Federation, the Government of the Russian Federation and federal executive authorities participate in the approval of documentation on the planning of the territory for the placement of capital construction objects of federal significance.
The list of documentation on the planning of the territory for the placement of federal capital construction facilities is indicated in. The cases of approval of such documentation are provided for by various other articles of the commented Code.
The territorial planning schemes of the Russian Federation, approved by the Government of the Russian Federation, may include maps (schemes) of the planned location of capital construction objects of federal significance. The draft territorial planning scheme of the Russian Federation is subject to agreement with the highest executive bodies of state power of the subject of the Russian Federation in the cases established. However, if consolidated opinions are received from one or more constituent entities of the Russian Federation containing provisions on disagreement with the draft territorial planning scheme of the Russian Federation with the rationale for the decision taken, a decision may be made to create a conciliation commission (see Part 8 of Article 12 of the Code).
Since the status of this commission is not defined in the commented Code, it can be assumed that it will have the status of a working body of the Government of the Russian Federation, which will prepare materials for the Government of the Russian Federation to take a decision to approve the territorial planning scheme of the Russian Federation, to reject the submitted documentation or to send it to revision (see part 13 of article 45 of the Code).
———————————
According to the Regulations of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 1, 2004 N 260, commissions can be created as coordinating or advisory bodies, including for the prompt and high-quality preparation of materials and draft regulatory legal acts of the Government of the Russian Federation, government and interdepartmental commissions. It is necessary to distinguish between commissions established as coordinating or advisory bodies from government commissions, which are created in cases provided for by laws, acts and instructions of the President of the Russian Federation, decrees of the Government of the Russian Federation and are headed by the Chairman of the Government of the Russian Federation or other members of the Government of the Russian Federation and interdepartmental commissions that are created to solve problems or consider issues of intersectoral and interterritorial significance (SZ RF. 2004. No. 23. Article 2313).
Territorial planning schemes of the Russian Federation, including maps (schemes) of the planned deployment of defense and security facilities, are approved in the manner established by the special legislation of the Russian Federation (see part 2 of article 11 of the Code).
The territorial planning scheme of the Russian Federation must be implemented according to the plan for the implementation of the scheme. The procedure for approving the plan for the implementation of the territorial planning scheme of the Russian Federation is established by the Government of the Russian Federation (see part 1 of article 13 of the Code).
The preparation of draft territorial planning documents can be carried out by the authorities indicated in. Part 3 of this article lists the initiators of the joint preparation of territorial planning documents.
For the joint preparation of projects, an appropriate commission is created (see part 7 of article 27 of the Code). The procedure for the joint preparation of draft territorial planning documents, the composition, procedure for the creation and activities of the commission for the joint preparation of projects may be established by the Government of the Russian Federation (see Part 13 of Article 27 of the Code).
- preparation federal programs in the field of state, economic, environmental, social, cultural and national development the Russian Federation (see Part 3, Article 11);
— submission of proposals for amendments to the territorial planning schemes of the constituent entities of the Russian Federation (see part 8 of article 15) and to the territorial planning schemes of municipal districts (see part 8 of article 20);
- the right to apply to the heads of local administrations of settlements, the heads of local administrations of urban districts with proposals to amend the master plans (see part 16 of article 24);
— establishment of the procedure for fulfilling the order for the preparation of documentation for the planning of the territory (see part 8 of article 45);
- the right to additional legal regulation of the procedure for preparing documentation for the planning of the territory, carried out on the basis of decisions of authorized federal executive bodies (see part 18 of article 45);
– establishing requirements for the preparation of land plots for construction and a capital construction facility for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, forms and procedures for maintaining journals that record the performance of work, the procedure for construction, reconstruction, overhaul, the conservation procedure a capital construction facility (see Part 9, Article 52);
- establishing the procedure for conducting construction control (see part 8 of article 53);
- the right to request information from information systems for ensuring urban planning activities from local governments (see part 6 of article 57);
- the right to make a decision on compensation for certain categories of individuals for the harm caused to them in the course of urban development activities (see Part 1, Article 61).
Other powers of the Government of the Russian Federation by the Code include:
— establishing the procedure for mandatory approval of the draft master plan before its approval and the procedure for its approval (see part 8 of article 24, part 1 of article 25);
- establishment of cases when authorized federal executive bodies send draft master plans submitted for approval for state examination (see part 6 of article 25);
— establishing a ban on the use of land plots and objects if their use is dangerous for human life or health, for the environment, cultural heritage objects (see part 10 of article 36);
- establishing the form of the town-planning plan of the land plot (see part 5 of article 44);
— approval of documentation on the planning of territories submitted by the authorized federal executive bodies (see part 14 of article 45);
- establishing the types of engineering surveys, the procedure for their implementation for the preparation of design documentation, construction, reconstruction of capital construction facilities, as well as the composition and forms of engineering survey materials, the procedure for the formation and maintenance of the state fund of materials and engineering survey data, taking into account the needs of information systems for urban planning ( see Part 6, Article 47);
- the right to establish the procedure for determining and providing technical conditions and determining the connection fee, as well as the procedure for connecting a capital construction object to engineering networks (see Part 10, Article 48);
- establishing the composition and requirements for the content of sections of project documentation in relation to various types of capital construction facilities, including linear facilities (see Part 13, Article 48);
- establishing the form of a building permit and the procedure for issuing building permits on land plots that are not subject to urban planning regulations or for which urban planning regulations are not established (see Parts 16, 22 of Article 51);
— establishing the procedure for making changes to the approved project documentation (see part 7 of article 52);
— establishing a list of documents, in addition to those provided for by the Code, required to obtain a permit to put the facility into operation, and the form of permission to put the facility into operation (see Parts 4, 12, Article 55);
— establishing a procedure for identifying the causes of violations of the legislation on urban planning in relation to nuclear facilities, hazardous production facilities, communication lines (see part 2 of article 62);
— coordination of draft master plan of the city of Moscow (see Part 4, Article 63).
Authorized federal authorities The executive power is granted by the Code the right to:
— participation in the coordination of draft schemes for territorial planning of municipal districts (see Art. 21);
- notification of decision heads of settlements, heads of urban districts, in relation to the territories of which a certain decision has been made (see part 7 of article 45);
- approval of documentation on the planning of the territory, the preparation of which is carried out by an individual or legal entity and at the request of which a decision was made on the use of a land plot within the boundaries of such a territory (see part 9 of article 45);
— checking the territory planning documentation for compliance with the requirements of the Code and making decisions on sending it to the Government of the Russian Federation (see Part 12, Article 45);
- implementation of construction supervision during construction, reconstruction, overhaul of nuclear facilities, hazardous production facilities, communication lines (see Part 3, Article 54) .
———————————
It must be borne in mind that public authorities may bear subsidiary liability for causing harm (see).
Other powers of the federal executive authorities by the Code include:
- sending proposals to the commission on amending the rules for land use and development in certain cases (see clause 1, part 3, article 33);
— the right to issue permits for construction on a land plot that is not subject to urban planning regulations or for which urban planning regulations are not established (see part 5 of article 51);
— the right to issue permits for the construction, reconstruction, overhaul of capital construction facilities of federal significance, during the placement of which it is allowed to withdraw, including by way of redemption, land plots, or individual stages of construction, reconstruction; conducting checks on the availability of documents attached to the application, compliance of project documentation with the requirements of the urban development plan of the land plot, red lines (see parts 6, 11, 12 of article 51);
- the right to receive free of charge one copy of engineering survey materials, project documentation for placement in the information system for urban planning (see Part 18, Article 51);
- issuance of conclusions on the compliance of the constructed, reconstructed, repaired capital construction facility with the requirements of technical regulations and project documentation (see clause 9, part 3, article 55);
- the right and obligation of the authorities that issued the construction permit to ensure the verification of the availability and correctness of the execution of documents, the inspection of the capital construction facility and the decision to issue the applicant a permit to put the facility into operation or to refuse to issue such a permit (see Part 5 of Art. 55).
The Code also establishes certain prohibitions for state authorities of the Russian Federation. For example, public authorities are prohibited from making decisions on the reservation of land, on withdrawal, on the transfer of land from one category to another, unless this is permitted by a separate law (see part 4 of article 9). Public authorities are not allowed to independently choose (without additional permits and approvals) the main and auxiliary ones.
1. The commented article establishes the powers of state authorities of the Russian Federation (that is, federal bodies) in the field of urban planning. Among these bodies, according to part 1 of Art. 11 of the Constitution of the Russian Federation include the President of the Russian Federation, the Federal Assembly of the Russian Federation (the Federation Council and the State Duma), the Government of the Russian Federation and the courts of the Russian Federation.
It is characteristic that this article lists specific powers without their "binding" to any federal authority. The inclusion of these powers in the competence of certain federal bodies of state power and their specification is carried out in the Constitution of the Russian Federation, federal laws and other regulatory legal acts.
1.1. In general, the powers (including in the field of urban planning) of federal government bodies and the procedure for their implementation are determined by the Constitution of the Russian Federation, federal laws (including constitutional ones), as well as by-laws at the federal level.
Important powers in the field of urban planning activities are exercised by the highest official of the country - the President of the Russian Federation. The President of the Russian Federation functions on the basis of the Constitution of the Russian Federation (Chapter 4) and, as the head of state, has the right to act as the subject of legislative initiative on urban planning issues, can issue separate legal acts(including normative) - decrees and orders in the field of urban planning.
Legislative functions and powers (including in the field of urban planning) may be exercised by the Federal Assembly of the Russian Federation. They are defined by the Constitution of the Russian Federation (Chapter 5) and are implemented by its chambers - the Federation Council and the State Duma in accordance with their internal regulations.
A significant number of these powers at the federal level in the field of urban planning are exercised by the Government of the Russian Federation, which acts on the basis of Chapter 6 (Articles 110 - 117) of the Constitution of the Russian Federation and Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government RF". As a body of general competence, the Government of the Russian Federation, first of all, adopts numerous normative-legal and executive-administrative documents relating to the management and resolution of specific issues in the field of urban planning (see commentary to clause 1, article 3).
In particular, the Government of the Russian Federation establishes (approves) the procedure for carrying out various actions and procedures in the field of urban planning. For example, the powers provided for in paragraphs 4 and 5.4 of the commented article are exercised by the Government of the Russian Federation by establishing the procedure, respectively: 1) accreditation for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys (part 3 of Art. 50 of the Civil Code of the Russian Federation) and 2) charging fees for providing information on the information system for ensuring urban planning activities (part 7 of article 57 of the Civil Code of the Russian Federation).
The implementation of other powers specified in clause 8, part 1 of the commented article 6 of the Town Planning Code of the Russian Federation is also provided by the Government of the Russian Federation. For example, according to Part 12 of Art. 16 of the Civil Code of the Russian Federation, the Government of the Russian Federation establishes the procedure for approving draft schemes for territorial planning of constituent entities of the Russian Federation, the composition and procedure for the work of the conciliation commission, establishes the minimum requirements for issuing certificates of admission to work that affects the safety of especially dangerous and technically complex facilities (see Government Decree RF dated March 24, 2011 N 207) and others.
Many of these powers in the urban planning sphere are exercised by federal ministries, agencies and services that are part of the system of executive authorities in the country, approved by the President of the Russian Federation. In a number of articles of the Civil Code of the Russian Federation, “a federal executive body authorized by the Government of the Russian Federation” is mentioned as the subject of the relevant powers, which means one of the federal departments. In particular, the authorized federal executive body establishes the procedure for coordinating draft master plans (see part 8 of article 24 and article 25 of the Civil Code of the Russian Federation), approves various forms of documents in the field of urban planning (for example, the form of an urban planning plan for a land plot - part 5 article 44 of the Civil Code of the Russian Federation; the form of a building permit -; the form of permission to put an object into operation - etc.).
At present, most often such powers in the field of urban planning are vested in the Ministry of Construction and Housing and Communal Services of the Russian Federation (Minstroy of the Russian Federation). Separate powers may be exercised by the Ministry of Natural Resources and Ecology, the Ministry of Finance of the Russian Federation, the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), the Federal Agency for Technical Regulation and Metrology (Rosstandart) and some others. Thus, the Ministry of Culture of the Russian Federation exercises certain powers in the field of urban planning, in particular, through the department for regulating urban planning activities in its Department for the State Protection of Cultural Heritage. Federal services, in particular, are entrusted with control and supervisory powers in the field of urban planning. The powers and procedure for their exercise for the said federal ministries and departments are usually determined by decrees of the President of the Russian Federation (or by decrees of the Government of the Russian Federation).
In accordance with paragraph 1 of the Regulations on the Ministry of Construction and Housing and Communal Services of the Russian Federation, this body is a federal executive body that performs the functions of developing and implementing state policy and legal regulation in the field of construction (including the use of materials, products and structures), architecture, urban planning (except for territorial planning), housing policy, housing and communal services, pricing and estimated rationing in the field of urban planning, urban zoning, functions to provide public services, management state property in the field of construction, urban planning (with the exception of territorial planning), etc. The Ministry of Construction of Russia also coordinates the activities of the Federal Fund for Assistance to the Development of Housing Construction, the state corporation - the Fund for Assistance to the Reform of Housing and Communal Services.
Clause 5.2 of the said Regulation provides that on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Russian Federation independently adopts various regulatory and other legal acts in the field of urban planning. Among them are provisions, rules, regulations and procedures, acts, forms, lists, requirements, etc. (more than a hundred in total), the need for the development and adoption of which follows from a number of articles of the Civil Code of the Russian Federation.
Separate powers and tasks related to the problems of urban planning are carried out by some other federal executive bodies. So, according to clause 1 of the Regulations on the Federal Service for Environmental, Technological and Nuclear Supervision, approved. By Decree of the Government of the Russian Federation of July 30, 2004 N 401, this body exercises the functions of control and supervision in the field of safe conduct of work related to the use of subsoil, industrial safety, safety in the use of atomic energy (with the exception of activities for the development, manufacture, testing, operation and disposal of nuclear weapons and nuclear power installations for military purposes), the safety of electrical and thermal installations and networks (except for household installations and networks), the safety of hydraulic structures (with the exception of shipping and port hydraulic structures). In addition, this body is also the body of the federal state construction supervision (see paragraph 7 of part 1 of the commented article). In particular, this service exercises control and supervision over compliance with industrial safety requirements in the design, construction, operation, conservation and liquidation of hazardous production facilities, etc.
Functions for the provision of public services in the field of technical regulation, standardization and ensuring the uniformity of measurements, which are widely in demand in the field of urban planning, are carried out by the Federal Agency for Technical Regulation and Metrology (Rosstandart), the Regulation on which was approved by Decree of the Government of the Russian Federation of June 17, 2004 N 294.
1.2. Initially, the commented article of the Civil Code of the Russian Federation indicated seven powers, and also talked about “other powers” attributed by law to the competence of federal government bodies. Currently, in the current version of this article, there are 34 such powers and the existing list is not exhaustive; some important powers of federal government bodies are contained in a number of other articles of the Civil Code of the Russian Federation.
An analysis of the listed powers shows that they can be divided into three categories (groups):
1) the first group (14) is the legislative (normative) powers in the field of urban planning (clauses 3, 4, 4.1, 5.2, 5.3, 5.4, 5.5, 5.7, 5.9, 6, 7.3, 7.4, 7.6, 7.8 );
2) the second group (7) consists of the powers to develop and approve documents in the process of law enforcement activities in the urban planning sphere (clauses 1, 2, 3.4, 5.11, 5.12, 7.5, 7.6);
3) the third group (13) includes executive and administrative (management) powers of a current nature (clauses 3.1, 3.3, 3.5, 5.1, 5.6, 5.8, 5.10, 7.2, 7.9, 7.10), as well as control and supervisory powers in the urban planning sphere (clauses 3.2, 7, 7.1) .
———————————
This clause, as amended, enters into force on July 1, 2017 - see Federal Law No. 372-FZ of July 3, 2016.
The procedure and conditions for the exercise by federal state authorities of the powers specified in the commented article are regulated by many articles of the Civil Code of the Russian Federation.
Thus, the actions of federal government bodies in the preparation, approval and coordination of territorial planning documents of the Russian Federation (clause 1, part 1 of the commented article) are regulated in some detail by the provisions of Ch. 3 of the Civil Code of the Russian Federation (Articles 9-13, etc.).
———————————
See also Decree of the Government of the Russian Federation of March 23, 2008 N 198 "On the procedure for preparing and coordinating the draft territorial planning scheme of the Russian Federation."
Approval of documentation on the planning of the territory (clause 2, part 1 of the commented article) for the placement of objects of federal significance is provided for in Chapter 5 of the Civil Code of the Russian Federation (see Part 14, Article 45, etc.).
Compliance with technical regulations is one of the main principles of urban planning legislation (see clause 7, article 2 of the Civil Code of the Russian Federation). Technical regulation in the field of urban planning (clause 3, part 1 of the commented article) consists in the development and approval of technical regulations. The federal executive body responsible for technical regulation is the Ministry of Industry and Trade of the Russian Federation (Ministry of Industry and Trade of Russia), the Regulation on which was approved by Decree of the Government of the Russian Federation of June 5, 2008 N 438. Clause 5.2.18.14 of this Regulation states that the Ministry industry and trade of the Russian Federation independently adopts technical regulations in cases where provided by the program development of technical regulations approved by the Government of the Russian Federation. preparatory work the development of technical regulations is carried out by the authorized federal executive body, which is the Federal Agency for Technical Regulation and Metrology (Rosstandart), which is under the jurisdiction of the Ministry of Industry and Trade of Russia.
The powers in relation to the GrSRO (clauses 3.1, 3.2, 3.3 of part 1 of the commented article) are continued, first of all, in the norms of chapter 6.1 of the Civil Code of the Russian Federation, as well as in a number of other legislative acts (see). For example, state control(supervision) over the activities of SROs in the field of urban planning, as well as maintaining the register of these organizations are within the competence Federal Service on environmental, technological and nuclear supervision (Rostekhnadzor) (see Decree of the Government of the Russian Federation of November 19, 2008 N 864).
The establishment of a list of types of work that affect the safety of capital construction facilities (the authority of paragraph 3.4 of part 1 of the commented article) is carried out () by the authorized federal executive body.
The powers to establish the procedure for maintaining information systems for ensuring urban planning activities, maintaining the federal state information system for territorial planning (clauses 3.5, 4, 7.8, 7.10, part 1 of the commented article) are governed by the rules of Chapter 7 (Articles 56 - 57.1) of the Civil Code of the Russian Federation, as well as a number of by-laws (see also the Regulations on information support for urban planning, approved by Decree of the Government of the Russian Federation of June 9, 2006 N 363).
The powers to regulate, organize and conduct an examination of project documentation (clauses 5.1 - 5.10, part 1 of the commented article) find their normative continuation in Art. Art. 49, 49.1, 50 of the Civil Code of the Russian Federation and a number of by-laws.
The powers provided for in paragraphs 6, 7, 7.1 of part 1 of the commented article on the implementation of construction supervision (control) are exercised by the authorized federal body (Rostekhnadzor) in the manner prescribed by Art. Art. 53, 54 of the Civil Code of the Russian Federation, as well as other federal laws and by-laws.
Coordination of draft schemes for territorial planning of municipal districts, draft master plans for settlements, urban districts, draft rules for land use and development (the authority specified in clause 7.2, part 1 of the commented article) is carried out in accordance not only with the Civil Code of the Russian Federation (clause 9, article 10 , paragraph 9, article 14, paragraph 6, article 19, paragraph 8, article 23, etc.), but also with the Federal Law "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" (Article 5.1, etc.) .).
The powers of state authorities to establish the procedure for monitoring the development and approval of programs for the integrated development of systems of communal, transport and social infrastructure of settlements, urban districts (clause 7.3 of part 1 of the commented article) are carried out by the relevant federal ministries (construction and housing and communal services, transport, economic development) in the manner prescribed by them.
———————————
See Order of the Federal Agency for Construction, Housing and Communal Services (the agency was liquidated, its functions and powers are exercised by the Ministry of Construction of Russia) dated October 28, 2013 N 397 / GS “On the procedure for monitoring the development and approval of programs for the integrated development of communal infrastructure systems in settlements, urban districts"; Order of the Ministry of Transport of the Russian Federation of May 26, 2016 N 131 “On approval of the procedure for monitoring the development and approval of programs for the integrated development of the transport infrastructure of settlements, urban districts; Order of the Ministry of Economic Development of the Russian Federation of March 29, 2016 N 181 "On approval of the Procedure for monitoring the development and approval of programs for the integrated development of the social infrastructure of settlements, urban districts."
On the authority to approve exhaustive lists of procedures in the areas of construction established by federal laws and other regulatory legal acts of the Russian Federation and carried out by federal and regional executive authorities and local governments, individual entrepreneurs, organizations in relation to individuals and legal entities that are subjects of urban development relations (p 7.4 part 1 of the commented article), see the comment to part 2 of this article.
The powers related to monitoring and formation of estimated prices of building resources, the procedure for pricing in construction (clauses 7.7 - 7.10, part 1 of the commented article) are carried out by the Ministry of Construction and Housing and Communal Services of the Russian Federation, as well as the Ministry of Finance of the Russian Federation (within their competence) .
———————————
See Cost Methodology construction products on the territory of the Russian Federation, approved by the Decree of the Gosstroy of Russia dated March 5, 2004 N 15/1.
2. In part 2 of the commented article, the subject composition of the bodies exercising the powers provided for in paragraph 7.4 of part 1 of this article is specified - according to the approval of exhaustive lists of procedures in the areas of construction established by federal laws and other regulatory legal acts of the Russian Federation.
Such lists, as well as the procedure for making changes to them and the procedure for maintaining a register of descriptions of established procedures, are approved by the Government of the Russian Federation, taking into account (which is very important) the specifics of urban planning activities in the territories of the constituent entities of the Russian Federation and the territories of municipalities (see, for example, Decree of the Government of the Russian Federation dated 30 April 2014 N 403 "On an exhaustive list of procedures in the field of housing construction"). The approved list includes 134 procedures related to:
- with the granting of rights to land and the preparation of documentation for the planning of the territory in relation to sections of settlements that have the appropriate type of permitted use;
- with the conclusion of contracts for connection (technological connection) of capital construction facilities to engineering and technical support networks (to power networks), as well as - with architectural and construction design;
- with the implementation of construction, reconstruction;
- with the issuance of a permit to put the facility into operation;
— with state registration of rights to the constructed facility;
– with the conclusion of contracts for energy, heat, water, gas supply and sanitation, etc.
By paragraph 3 of the said Decree, the Government of the Russian Federation obliged the highest officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation within three months to submit to the Ministry of Construction and Housing and Communal Services of the Russian Federation proposals for inclusion in the list of procedures approved by it, provided for by regulatory legal acts of the constituent entities of the Russian Federation and municipal regulations.
3. In part 3 of the commented article 6 of the Civil Code of the Russian Federation, an imperative ban is established on the establishment by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, organizations and individual entrepreneurs of the obligation to exercise by individuals and legal entities that are subjects of urban planning relations, any other procedures for the preparation of documentation for the planning of the territory, the implementation of architectural and construction design, construction, reconstruction of capital construction projects that are not provided for by an exhaustive list of procedures approved by the Government of the Russian Federation.
In Decree No. 403 of April 30, 2014, the Government of the Russian Federation goes beyond this prohibition and instructs the Ministry of Construction and Housing and Communal Services of the Russian Federation, other interested federal executive bodies, within three months, to submit, in the prescribed manner, agreed proposals for entering into federal laws and regulatory legal acts of the Government of the Russian Federation for amendments providing for the abolition of redundant and (or) duplicating procedures specified in the list.
