The law on urban planning activities of the Russian Federation. City Planning Code of the Russian Federation

Legislation Russian Federation

Collection of the main federal laws of the Russian Federation

☰

Town Planning Code Of the Russian Federation of 29.12.2004 N 190-FZ (ed. Dated December 27, 2019)

City Planning Code of the Russian Federation

Adopted by the State Duma on December 22, 2004
Approved by the Federation Council on December 24, 2004

Chapter 1. General

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

Chapter 2.1. Pricing and estimated rationing in the field of urban planning activities, the federal register of estimated standards

Chapter 3. Territorial Planning

Chapter 3.1. Regulations of urban planning design

Chapter 4. Town Planting Zoning

Chapter 5. Planning the territory

Chapter 5.1. Activities on the integrated and sustainable development of the territory and the procedure for their implementation

Chapter 6. Architectural and Construction Design, Construction, Reconstruction of Capital Construction Objects

Chapter 6.1. Self-regulation in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul, demolition of capital construction facilities

Chapter 6.2. Operation of buildings, structures

Chapter 6.3. Mastering territories in order to build and operate hired houses

Chapter 6.4. Demolition of capital construction objects

Chapter 7. Informational support of urban planning activities

Chapter 9. Features of the implementation of urban planning activities in the constituent entities of the Russian Federation - the cities of the federal significance Moscow, St. Petersburg and Sevastopol

Town Planning Code of the Russian Federation N 190-FZ (current revision 2020)

Russian legislation 2020.
Collection of federal laws of the Russian Federation (FZ of the Russian Federation)
Last updated: 03/20/2020

For the purposes of this Code, the following basic concepts are used:

1) urban planning activity - activities on the development of territories, including cities and other settlements, carried out in the form of territorial planning, urban planning zoning, territory planning, architectural and construction design, construction, overhaul, reconstruction, demolition of objects capital construction, operation of buildings, structures, landscaping of territories;

2) territorial planning - planning of the development of territories, including to establish functional zones, determine the planned placement of federal objects, regional objects, local objects;

3) Sustainable development of territories - provision in the exercise of urban-planning activities of safety and favorable conditions of human life, restriction of the negative impact of economic and other activities on the environment and ensuring protection and rational use natural resources in the interests of this and future generations;

4) zones with special conditions of use of territories - security, sanitary protection zones, the protection of the objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation (hereinafter - the objects of cultural heritage), protective zones of cultural heritage objects, water-protection zones, flooding areas, flooding, sanitary protection zones of drinking and household water supply sources, protected area zones, sub-produm territory, other zones established in accordance with the legislation of the Russian Federation;

5) Functional zones - zones for which territorial planning documents identified borders and functional purposes;

6) urban zoning - zoning of the territories of municipalities in order to determine the territorial zones and the establishment of urban planning regulations;

7) territorial zones - zones for which the boundaries of land use and development are determined and urban planning regulations are established;

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

31) Estimated norms - a set quantitative indicators Materials, products, designs and equipment, labor costs of workers in the construction, operation time of machines and mechanisms (hereinafter - construction resources) established on the adopted unit of measurement, and other costs used in determining the estimated cost of construction;

32) Estimated construction prices - a consolidated aggregated in the territorial context Documented information on the cost of construction resources established by the settlement by the adopted unit of measurement and posted in the federal state information system for pricing in construction;

33) estimated standards - Estimated norms and techniques necessary to determine the estimated cost of construction, the cost of work on engineering surveys and training project documentation, as well as methods of developing and applying estimated norms;

33.1) Enlarged standard of construction price - an indicator of the need for funds necessary to create a unit of capacity of construction products, intended for planning (justification) of investments (capital investments) into capital construction facilities;

34) Activities for the integrated and sustainable development of the territory - carried out in order to ensure the most effective use Territories for the preparation and approval of the area planning documentation for the placement of objects of capital construction of residential, production, social and business and other purposes and necessary for the functioning of such facilities and ensuring the livelihoods of citizens of communal, transport, social infrastructures, as well as on architectural construction design , construction, reconstruction of the objects specified in this paragraph;

35) The element of the planning structure is part of the territory of the settlement, the urban district or the interface of the municipal district (quarter, microdistrict, district and other similar elements). The types of elements of the planning structure are established by the authorized government of the Russian Federation by the federal executive authority;

36) Improvement of the territory - activities to implement a complex of measures established by the rules of improvement of the territory of the municipality, aimed at ensuring and improving the comfort of the conditions for residence of citizens to maintain and improve the sanitary and aesthetic state of the territory of the municipality, on the maintenance of territories of settlements and located in such territories objects, including territories of common areas, land, buildings, buildings, structures adjacent territories;

37) the adjacent territory is the territory of general, which is adjacent to the building, structure, construction, the land plot in the event that such a land plot is formed, and the boundaries of which are determined by the rules of improvement of the territory of the municipality in accordance with the Procedure, established by law Subject of the Russian Federation;

38) Elements of improvement - decorative, technical, planning, design devices, elements of landscaping, various types of equipment and design, including facades of buildings, buildings, structures, small architectural forms, non-capital nonstationary structures and structures, information shields and pointers used as part of the territory improvement;

39) An object of individual housing construction is a separate building with the number of above-ground floors not more than three, not more than twenty meters high, which consists of rooms and premises of the auxiliary use intended to meet citizens of household and other needs associated with their accommodation in such a building , and not intended for the section on independent real estate objects. The concepts of "object of individual housing construction", "Residential House" and "Individual Residential House" are used in this Code, other federal laws and other regulatory legal acts of the Russian Federation in one sense, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation . At the same time, the parameters set to individual housing facilities by this Code are equally applied to residential buildings, individual residential buildings, unless otherwise provided by such federal laws and regulatory legal acts of the Russian Federation.

Comment to Art. 1 GRK RF.

Recently, many federal laws contain an article with clarification and interpretation of terms and concepts often used in law. Dozens of concepts receive their consolidation in federal laws "on environmental protection", "On the waste of production and consumption", "On the animal world", in the Water Code of the Russian Federation; And in civil, land, labor, criminal codes of a separate article with basic concepts are not provided - they are revealed in the very text of these federal laws.

The City Planning Code of the Russian Federation elected a mixed path - a separate article with the basic concepts used in the Code, and their development in the course of presenting the prescriptions by transferring the components of documents, the disclosure of their content, the designation of the objectives of the introduction of this concept and the authority, rights and obligations to prepare the appropriate document set . There is not a single concept provided for by Art. 1 GRK of the Russian Federation, which would not receive legal filling in subsequent articles of the RF GDC.

Regarding the concepts and terms there are many dictionaries, textbooks, encyclopedias and reference books, reflecting scientific and practical discussions and the opinions of their authors around the phenomena and items discussed, but they all wear a recommendation, controversial, i.e. Optional, character, characterize directions and parts of public opinion.

The concepts approved by law deciphered in his text with the help of prescriptions receive a mandatory nature of all regulatory acts involved in the regulation of urban planning relations.

Second Comment on Article 1 of the Town Planning Code

1. In the commented article, the content of common (basic) and special terms of urban planning legislation was disclosed. The list outlined in this article cannot be considered exhaustive: other federal laws and regulations, laws and other regulatory legal acts of the constituent entities of the Russian Federation may contain additional definitions that explain to the terminology used in the urban planning sphere.

A number of terms (city planning activities, urban planning regulations, etc.) remained in the new GRK of the Russian Federation in the previous edition, provided for by the previous GRK of the Russian Federation in 1998, others have undergone certain changes (for example, urban zoning, land use and development rules, etc.). Separate terms first obtained in the current GRK of the Russian Federation, legislative consolidation (territorial planning, functional zones, territorial zones, object of capital construction, construction, reconstruction, engineering surveys, developer, etc.).

Fastening the main town planning concepts in Art. 1 GRK of the Russian Federation means their official legislative interpretation, mandatory for the purpose of law enforcement. Terms and concepts, legally defined in the text of the GCC of the Russian Federation through legal formulas and prescriptions, are mandatory for performance in the entire territory of Russia for all law enforcers in the field of urban planning and related relations. Therefore, each definition is a kind of regulatory pointer, with which clarity and accuracy is made to the process of applying urban-planning law to specific life circumstances, which allows you to solve issues and cases in accordance with the law.

Although there are a lot of dictionaries, reference books and encyclopedia, reflecting certain scientific and special practical opinions of their authors, they bear a recommendatory, that is optional, character and testify only about the possibilities of different approaches to understanding the subjects studied, phenomena and processes.

The content of almost all terms commented on the article is described in detail (disclosed) in subsequent chapters and articles of the RF GDC. By themselves, the definitions themselves, contained in the commented article, apply and apply in a systematic relationship with other legal norms of the GRK of the Russian Federation, which makes it possible to correctly navigate in the current legislation and successfully apply it in practice.

Some of the terms, formulations and other norms existing in the text of the GRK of the Russian Federation receive their consolidation and legal definition (explanation of the meaning and content) in certain articles of other federal laws, in particular, such as the Federal Law "On Architectural Activities in the Russian Federation", FZ " On the waste of production and consumption ", FZ" On Environmental Protection ", FZ" On Animal World ", FZ" On Fisheries and Conservation of Water Biological Resources ", VC of the Russian Federation, and other regulatory relations in the relevant part. For example, in Art. 2 FZ "On Architectural Activities in the Russian Federation" contains definitions of such terms and concepts as "architectural activities", "Architectural and planning task", " architectural project"," Architectural Object "," Build Permit ", literally and within a sense associated with terms existing in paragraphs 1, 26 of the commented article and other articles of the RF GDC. In some codified laws, a peculiar "legal filling" by the legal meaning of certain terms and concepts related to urban planning activities is carried out in the text of the regulatory document (in the article, part, paragraph, etc.) - meaning of the Civil Code of the Russian Federation, ZK RF, LC RF, LCD RF, etc.

In art. 1 GRK of the Russian Federation elected a comprehensive way of determining (explanation of the meaning) and disclosure of the content of certain concepts through the designation of the goals and objectives, through the transfer of signs, species (categories), etc. Components and characteristics of the described concept, phenomenon or process.

2. The first paragraph discloses the basic concept used in the GRK of the Russian Federation, "urban planning activities". It is no coincidence, since it is precisely it is the main framework (core) of legal relations regulated by urban-planning legislation.

The above definition is characterized by the fact that, firstly, urban-planning activities are related to its main goal - the development of the relevant territory; Secondly, the main types of implementation of this activity are indicated here, most of which are disclosed in subsequent clauses of the commented article and in other articles of the RF GDC, as well as in other regulatory legal acts.

Evaluating the existing definition, it should be noted that in the previous legislation (GRK of the Russian Federation of 1998) stated the subjects of this activity ( state bodies, local governments, individuals and legal entities) and referred to regarding the interests of citizens, public and government interests, as well as national, historical and cultural, environmental, natural features of territories and settlements.

It should also be noted that the very concept of "territory" The current GRK of the Russian Federation does not disclose, although the legislator repeatedly operates them, mentioning in a number of articles. The specified definition is only mentioned that the territory covered by the concept of urban planning activities includes "cities and other settlements". Apparently, it is no coincidence, since in the legislation in this area there is still a kind of terminological problem.

In particular, there is a discrepancy between the terminological series against the "territory" in the laws on state authorities, on the general principles of organizing local self-government, on administrative-territorial division, about land and land and others. The essence of the problem is that in various laws Not only are the terms "settlement", "Municipal Education", "Municipal District", "City" and "Intorgorodskaya Territory", "City District" and "City District", but also the terms "Other settlements", "settlements" (urban , workers, etc.), "villages", "villages", "Stanitsa" and other "settlements", etc. In addition, there is a legislative concept of "Interior Territory", other types of territory are mentioned, sometimes one of the above formations is located within the territory of another education, etc. Anyway, they are all "tied" to the territory, that is, they are located on a certain territory, they have their territories, which, in turn, are associated with land relating to a category or other category and having something or another target. It is well known that under the "territory" it is customary to understand the land-space limited by any limits (boundaries).

The territory as a single spatial unit in accordance with the GRK of the Russian Federation acts as an object of territorial planning and zoning. The adoption of territorial planning documents entails certain legal consequences, for example, is the basis for establishing or changing the boundaries of municipalities. As a result of the zoning of the territories, limited spaces (zones) are established; The norms on the zoning of territories in terms of provisions governing the procedure for the use and protection of land are a way to determine the legal regime of land and land plots that are part of the territory. Through zoning, special legal regimes are established on the lands of various categories; So, within the boundaries of the territories settlements Legal regimes are established as a result of urban-planning zoning; The zoning institute will allocate subtherry (subzones) within the boundaries of the territory with special conditions for the use of land in their composition.

3. The definition of the concept of "territorial planning" is also focused on the development of territories, including to establish functional zones and planned location on the relevant territory of objects of federal, regional and local importance. Territorial planning is a fundamentally important component of urban planning activities. As a kind of urban planning, territorial planning, on the one hand, ensures sustainable development of the territory (the first basic principle of legislation on urban planning activities - see), and on the other hand, is carried out in accordance with the documents protruding the basis of the construction carried out (see paragraph 4 of Art . 2 GRK RF).

The procedure for the implementation of territorial planning, preparation and coordination of the relevant projects of the schemes (documents) of the territorial planning of the Russian Federation, the constituent entities of the Russian Federation and municipalities is fairly fully regulated. In addition, separate regulatory and methodological documents in this area are accepted and applied. In particular, this is the Decree of the Government of the Russian Federation of March 23, 2008. No. 198 "On the procedure for preparing and coordinating the draft scheme of territorial planning of the Russian Federation", Decree of the Government of the Russian Federation of March 24, 2007 N 178 "On approval of the Regulations on the coordination of projects for territorial planning schemes The subjects of the Russian Federation ", the Order of the Ministry of Regional Development of Russia of May 26, 2011 N 244" On approval of methodological recommendations for the development of draft general plans of settlements and urban districts. "

4. Sustainable development of territories, acting by the basic principle of urban planning legislation (paragraph 1 of Art. 2 GRK of the RF), is the main goal and the main content of urban planning activities. This definition is characterized by an indication of the purpose of the current and promising nature, which should be ensured in the implementation of urban planning activities. The arrangement of such goals (peculiar landmarks) of urban development activities should ensure:

- safety and favorable conditions of human life;

- ensuring the protection and rational use of natural resources in the interests of people.

The implementation of the designated criteria can be the basis for recognizing the development of the territory of sustainable. At the same time, the sustainable development of the territories should be ensured in accordance with the RF GDC on the basis of territorial planning (see chapter 3 of the RF GDC) and urban zoning (see chapter 4 of the RF GK).

Requirements for the sustainable development of one territory may be specified and refined in other regulatory documents. Thus, by Decree of the Government of the Russian Federation of August 22, 2008, N 632 "On the Governmental Commission for the Development of Housing and Evaluation of the Efficiency of Land Points, which are owned by the Russian Federation" found that the development of territories involves development:

- objects of engineering infrastructure (including communication infrastructure facilities);

- Objects social infrastructure, transport infrastructure;

- production of building materials, products, housing construction structures, promoting the creation of industrial parks, technoparks, business incubators for the formation of a favorable environment of human life and society;

- safe and favorable living conditions for all categories of citizens.

5. The concept of "zone with special conditions for the use of the territory" is determined through the transfer of the main types of (categories) of such zones with various legal nature and sectoral affiliation. In practical terms, the zone with special conditions of use of territories is designated in the directories, on maps and other territorial planning and planning documents of the relevant territory. The above list of zones with special conditions of use of the territories is not exhaustive, therefore, there is an indication of the establishment in accordance with the legislation of other similar zones in the commented norm.

In the current legislation, the concepts of "zone with the special conditions of the use of territories" and "security zone" are unpaid. In art. 2 of the Federal Law of March 31, 1999 N 69-FZ "On Gas supply to the Russian Federation" The security area of \u200b\u200bthe gas supply system objects is defined as a territory with special conditions of use, installed along the gas pipelines and around other objects of this gas supply system. IN this case Under the territory, in our opinion, it is necessary to understand the zone with the special conditions of the use of the territories representing the inburious part of the land, within which land plots are not formed. In the case of the formation of a land plot within the boundaries of such a zone, its regime will be distributed to the entire site entirely. However, the land can be formed in such a way that only its part will be in the security zone.

Within the boundaries of the land plot on which a hazardous object is located, security zones can be established by determining the corresponding part of the land plot, within which the mode provided for the security zone is valid; In this case, in accordance with Art. 56 ZK RF should say that restrictions on land are imposed on land plot.

The zones listed in this paragraph are mentioned and legally characterized in environmental, sanitary and other legislation. So, in accordance with the provisions of the RF RF (chapter XVII) and the Federal Law "On Specially Protected Natural Territories" (Art. 2, etc.) on the lands having a special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable The Mode of Specially Protected Natural Territories (PA) may be established, such as state natural (including biosphere) reserves, national parks, natural parks, natural reserves, nature monuments, dendrological parks and botanical gardens. On such lands (territories), activities not related to the preservation and study of natural complexes and objects are prohibited. To prevent adverse anthropogenic effects on such nature reserves, parks and monuments of nature on the surrounding land and water bodies, security zones are created. The borders of these security zones are prohibited, activities that have a negative impact on natural complexes of such territories. The boundaries of security zones must be indicated by special information signs. Land plots within the borders of the security zones at the owners of land plots, land users, landowners and land tenants are not withdrawn and used them in compliance with the special legal regime established for these sites (paragraph 3 and 4 of Article 95 of the RF RF).

Sanitary and protective zones are established within the framework of state sanitary and epidemiological rationing on the basis of the Federal Law "On the Sanitary and Epidemiological Welfare of the Population" and in accordance with the sanitary rules. Such zones are established to ensure the safety of the population around objects and industries that are sources of impact on the habitat and human health. Their size should ensure a decrease in the effects (biological chemical and other) pollution to the atmospheric air to the values \u200b\u200bestablished by hygienic standards. This is a kind of protective barrier, providing the level of safety of the population during operation hazardous objects In normal mode, including in the exercise of urban planning activities (for more details, see Sanpin 2.2.1 / 2.1.1.1200-03 "Sanitary and sanitary classification of enterprises, structures and other objects", approved by the decision of the Chief State Sanitary Doctor of the Russian Federation from September 25, 2007 N 74).

Sanitary zones can also be established in accordance with the requirements of other legislation. For example, in accordance with Federal law On January 9, 1996, N 3-FZ "On Radiation Safety of the Population" in order to ensure radiation safety as such zone, the territory around the source of ionizing radiation can be indicated, on which the level of exposure of people in the conditions of normal operation of this source may exceed the set dose limit irradiation (art. 1).

Cultural Heritage Protection Areas are established in accordance with the Federal Law "On the objects of cultural heritage (monuments of history and culture) of the Peoples of the Russian Federation" in order to ensure the safety of such facilities in their historical environment on the territories associated with them. Such zones include: security zones, developmental control zones and economic activity, Protected Natural Landscape Zones (Art. 34, etc.). Regulation of the procedure for the development of projects for the protection of the objects of cultural heritage, as well as requirements for land use and urban regulations, under the borders of these zones are carried out on the basis of the provision on the protection of cultural heritage sites (historical and cultural monuments) of the people of the Russian Federation, approved. Decree of the Government of the Russian Federation of September 12, 2015 N 972.

The establishment of water protection zones is made in accordance with the provisions of the CC of the Russian Federation. These zones are areas that are adjacent to the coastline (the boundaries of the water object) of the seas, rivers, streams, canals, lakes, reservoirs and which establishes a special mode of exercise of economic and other activities in order to prevent pollution, clogging, the prevention of these water bodies and exhaustion their waters, as well as the preservation of the habitat of water biological resources and other objects of the animal and plant world (Article 65 of the Russian Federation). In accordance with the legislation on natural therapeutic resources, medical and health areas and resorts, zones (district) of sanitary protection of water bodies can also be established, the water resources of which are natural resources (Article 64 of the Russian Federation). In the boundaries of water protection zones, prohibitions are installed and restrictions of economic and other activities are introduced, which apply to the forests located in these zones (see Art. 104 of the LA RF).

The negative effects of water can manifest itself by flooding, flooding, destruction of the shores of water bodies, the fear of certain territories and objects (Article 1 of the Russian Federation). Currently, along with the conduct of special protective measures in the so-called flood zones, flooding in order to prevent the negative impact of water (flooding, flooding, destruction of shores of water bodies, wiping, etc.) on certain territory and objects (water bodies and river pools, in which, as a result of man-made and natural phenomena, there are changes that pose a threat to the health or life of a person, objects of animal and vegetable world, other environmental objects) in accordance with the legislation in the field of environmental protection and the protection of the population and territories from emergency situations Could declare environmental disaster zones or emergency zones. The boundaries of emergency zones are determined appointed in accordance with the legislation by the heads of emergency elimination based on the classification of emergencies established by the Government of the Russian Federation, and in coordination with the executive bodies of state power and local governments, in the territories of which emergencies have developed (see paragraph 1 of Art . 67 VK of RF, Art. Art. 1, 5, et al. FZ "On the protection of the population and territories from emergency situations of natural and man-made character"). The procedure for declaring and establishing the environmental disaster zones is established as noted in Art. 57 FZ "On Environmental Protection", legislation on environmental disaster zones.

At the same time, the borders and description of functional zones are displayed on these cards with the indication of the objects planned to accommodate in them (paragraph 3 of Part 5 of Art. 23 of the RF RF).

7. Urban planning zoning of the territories of municipalities (urban and rural settlements, urban districts and municipal districts, etc.) is carried out in order to: 1) the definition of territorial zones and 2) establishing urban planning regulations (see paragraphs 8 and 10 comments to this article) .

Town planning zoning is quite detailed (art. Art. 30 - 40). The main document of urban zoning is the rules of land use and development (see paragraph 9 of the comment to this article). The content, procedure for the preparation and approval of land use rules and the development is defined in Art. Art. 30 - 33 GRK of the Russian Federation.

8. In paragraph 7 of this article, it is determined that the territorial zones are characterized by the presence of boundaries and urban planning regulations, which are determined and established for each of them, respectively, in land use and development rules (see. 9 comments to this article).

The types and composition of the territorial zones, the procedure for their establishment are defined by Art. and, which should be applied in system communication.

9. In paragraph 9 of the commented article, both essential and formal signs of land use rules and development as the main document used in the urban zoning system are defined.

First of all, it is indicated that this is a document of urban zoning (see paragraph 7 of the comment to this article), which establishes territorial zones (see paragraph 8 of the commentary to this article) and urban planning regulations (see paragraph 10 of the comment to this article), as well as the procedure for applying such a document and the procedure for making changes.

Next, it is important to note that this is a document containing legal norms, since it is approved by the regulatory legal act of the local government (for the relevant city, rural settlement or municipality), or a similar legal act of the state authority of the subject of the Russian Federation (for the city of Moscow and St. Petersburg). More details, these and other issues related to the content, procedure for the preparation and approval of land use rules and development, making changes in them, are governed by the norms of chapter 4 of the RF RF (Art. Art. 30 - 33).

The boundaries of the formed territorial zones are determined directly in the map of urban zoning, which is part of Rules of land use and development.

The basic rules defining the status, the procedure for the preparation, adoption and entry into force of municipal legal acts are established by Art. Art. 7, 43 - 48 FZ "On the general principles of organizing local governments in the Russian Federation." In fulfillment of legislative requirements, more detailed and specific rules have been developed and operated in each municipality. It is important to add that, as a regulatory legal act, land use and development rules are subject to official publication (publishing) in the prescribed manner.

10. In paragraph 9 of this article, the content of urban planning regulations is determined in exact accordance with and. how legal document The city planning regulation, which is an integral part of land use and development rules, determines the legal regime of land plots, as well as everything that is located above and under the surface of the land and is used in the process of their development and subsequent operation of capital construction facilities.

The legal characteristic of the town-planning regulations (including the limits of its operation) is given, first of all, in Art. 36, as well as in Art. Art. 39 - 40 GRK of the Russian Federation.

11. In paragraph 10 of the commented article, determining the generic notion of the "Object of Capital Construction", the legislator, on the one hand, calls four types of objects, which are among those such (buildings, buildings, structures, objects of unfinished construction), and on the other - Lists objects that are not (temporary buildings, kiosks, canopies and other similar buildings).

All specified objects are subjects of urban planning and other relations (including subjects of contracts. construction contract) (See, Art. Art. 702, and others. Civil Code of the Russian Federation). Legal characteristics of these capital construction facilities are given in other regulatory legal acts. The list of particularly dangerous, technically complex and unique objects is given in.

The building is a type of architectural and construction facilities, designed to create conditions for people's stay for constant or temporary residence or create conditions for labor, socio-cultural and other population services, as well as storage material values. From the position of the construction criteria, this is an architectural construction building (structure), consisting of carrying and enclosing or combined structures forming a terrestrial closed volume designed to stay or accommodate people and for performing different production processes.

According to Art. 2. Technical Regulations On the security of buildings and structures of December 30, 2009 N 384-FZ by the building is the result of construction, which is a bulk construction system, having an overhead and (or) underground part, which includes premises, engineering and engineering networks and engineering systems Provision and intended for living and (or) activities of people, placement of production, storage of products or animal content. The three main elements (subsystems) of the building are characterized in the same article of the above law:

- The room is part of a building or structure that has a certain purpose and limited building structures;

- Engineering and technical support network - a set of pipelines, communications and other structures intended for engineering and technical support of buildings and structures;

- The engineering and technical support system is designed to perform water supply, sewage, heating, ventilation, air conditioning, gas supply, power supply, communications, informatization, dispatching, waste, vertical transport (elevators, escalators) or safety functions.

It is generally recognized by the division of buildings on the intended purpose to: residential (residential house permanent type with long service life) and non-residential buildings (intended for use in industrial, trade, cultural and educational purposes). Residential building, as shown in part 2 Art. 16 LCD of the Russian Federation, is an individually-specific building, which consists of rooms, as well as premises of the auxiliary use intended to meet citizens of household and other needs associated with their accommodation in such a building. Residential buildings are multi-way. According to the criteria of the LCD RF, it is the individual residential building following residential premises (the most important category in housing law) Along with a part of a residential building, an apartment (part of the apartment) in apartment house, room (art. 16 LCD RF).

The buildings are also divided into the main (dominant construction of construction, architectural features and its destination) and official (have a secondary meaning in relation to the main building). Service buildings are usually a non-vacant type.

Definitions of the concept of "structure" in the Technical Regulations on the safety of buildings and structures of December 30, 2009 N 384-FZ is not available. There is only the definition of "building construction", considered as part of a building or structure that performs certain bears, enclosing and (or) aesthetic functions. The structure is a generic legal category, denoting the totality of capital architectural and construction sites, including buildings, structures, facilities of unfinished construction and their varieties. In this sense, the structure can be considered synonymous with the concept of "Object of Capital Construction". At the same time, there may be a structure of a non-capital type. So, as applied to the accounting housing Fund Under the buildings are understood to be a separately built building, a house consisting of one or more parts, as one, as well as service buildings: sheds, garages of individual use, canopies, yard cellar, etc. (See Instructions for the accounting of the Housing Fund in the Russian Federation, approved by the order of the Ministry of Mindedry of the Russian Federation of August 4, 1998 N 37).

The construction is one of the types of engineering and construction sites, the appointment of which is to create the conditions necessary for the production process by performing certain technical functions that are not related to the change in the object of labor, or for the implementation of various non-production functions. The object, acting as a structure, is any separate construction with all devices that make up one whole devices. The facilities include including hydraulic, transport, pipeline and other linear objects that have a production and (or) social purpose. In art. 2 technical regulations on the safety of buildings and structures of December 30, 2009 N 384-ФЗ determined that the construction is the result of construction, which is a bulk, plane or linear construction system, having a ground, above-ground and (or) underground part, consisting of carriers, but in some cases and enclosing building structures and intended for the performance of production processes of various types, storage of products, temporary stay of people, moving people and cargo.

Identification of buildings and structures is carried out on the grounds listed in Art. 4 technical regulations on the safety of buildings and structures of December 30, 2009 N 384-FZ: 1) appointment; 2) belonging to the facilities of the transport infrastructure and to other objects, the functional technological features of which affect their safety; 3) the possibility of hazardous natural processes and phenomena and man-made impacts on the territory on which the construction, reconstruction and operation of a building or structure will be carried out; 4) belonging to hazardous production facilities; 5) fire and explosion hazard; 6) premises with a permanent stay of people; 7) level of responsibility. The GRK of the RF determines the legal regime of the capital construction of federal, regional and local and local importance (see paragraph 20 of the commentary to this article), also stated on objects located on inter-aided territories (see, etc.), about objects intended for state and municipal needs (see), about objects connected and not connected to engineering and technical support networks (see) and others.

The concept of "object of unfinished construction" by law is clearly not defined. At the same time, for example, in Methodical recommendations Accounting for investments carried out in the form of capital investments in agricultural organizations, approved. The Ministry of Agriculture of the Russian Federation on October 22, 2008, contains a fairly complete and concrete definition: objects in unfinished construction include objects:

- the construction of which continues;

- the construction of which is suspended, was substantiated or finally discontinued, but not written off in the prescribed manner;

- Instruction, for which the acts of acceptance are not yet decorated in the prescribed manner.

For the correct understanding of what such an object of unfinished construction is important to take into account legal positionDeveloped in the Decree of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 N 25 "On the applications of the courts of some provisions of section I of the First Civil Code of the Russian Federation", namely: when resolving the issue of recognition of a legally under construction, a real estate (object of incomplete construction) must be established that it has at least fully completed work on the construction of a foundation or similar work (paragraph 1 of Article 130 of the Civil Code of the Russian Federation); The storage of the land plot that does not respond signs of construction is its part and cannot be recognized as an independent real estate (paragraph 1 of Art. 133 of the Civil Code of the Russian Federation).

Thus, the object of unfinished construction is the newly created (at least partially erected) an individual-defined object of real estate, unfinished construction (on which, or work is suspended) and (or) not registered in the prescribed manner ( The works are terminated either the object is conserved or actually operated).

12. In paragraph 10.1 of the commented article 1 of the Urban Planning Code of the Russian Federation, the legislator identified the concept of "linear objects" by transferring the main types of such objects - these are power lines, communication lines (including linear cable structures), pipelines, car roads, Railway lines and other similar facilities.

The main types of (categories) of linear objects are listed in the commentated paragraph of this article of the GRK of the Russian Federation. They are called in other legislation. So, in paragraph 6 of Part 1 of Art. 7 FZ "On the transfer of land or land from one category to another" is a slightly more advanced list of species (categories) of linear objects, due to which the translation of agricultural land into another category is allowed in exceptional cases: here, in particular, the roads say Also called oil pipelines, gas pipelines, other pipelines.

When complying with those provided in Art. 133.1 Civil Code of the Russian Federation Terms The linear object can be recognized as a single immovable complex, which is subject to the legal regime of real estate and indivisible things.

13. Red lines in paragraph 11 of this article are determined through the indication of existing or planned (variable, newly formed) borders of common areas and (or) boundaries of territories (land plots) on which linear objects are located (or which are intended for accommodating such) . On the concepts of "linear objects" (power lines, lines, pipelines, pipelines, roads, railway lines, etc.) and "territories of general use" (square, streets, arrows, embankments, squares, etc.) Read more . p. 12 and 14 to this article.

The purpose of red lines is the delimitation of common areas or land plots with vital linear objects from other territorial zones, zones with special conditions for the use of territories and others. In SP 42.13330.2011 "Urban planning. Planning and building of urban and rural settlements. Actualized edition SNiP 2.07.01-89, "app. Order of the Ministry of Regional Development of Russia of December 28, 2010 N 820 (Appendix B), it is envisaged that the red line is a border separating the territory of the quarter, microdistrict and other elements of the planning structure from streets, roads, travel, squares, as well as other general lands in urban and rural settlements.

The need and procedure for using red lines in certain circumstances are determined by a number of articles of the commented GRK of the Russian Federation, land and housing legislation. For example, in the GRK of the Russian Federation, it is planned to establish the boundaries of territorial zones, taking into account the red lines (paragraph 2 of Part 2 of Art. 34); inclusion of red lines in the project planning project (sub. "A" p. 1 h. 3 of article 42); Displaying red lines in the highlights of the territories of territories in order to determine the place of permissible placement of buildings, buildings, structures (p. 1 and 2 h. 5, Art. 43), etc.

In addition, there is an instruction on the procedure for designing and establishing red lines in cities and other settlements of the Russian Federation (RDS 30-201-98), approved. By the decision of the State Construction of Russia dated April 6, 1998 N 18-30. By virtue of paragraph 3.4 of this manual, red lines are required for all subjects of urban planning activities involved in the process of designing and subsequent development and development of territories of cities and other settlements. Compliance with red lines is also required when land and inventory based or subject to building land within the city or other settlement, when making documents by citizens and legal entities for ownership, possession, use and disposal of land and other real estate objects, their state registration.

Types of regional objects to be displayed on the scheme of territorial planning are determined by the law of the subject of the Russian Federation in areas such as: transport (railway, water, air), road roads or inter-municipal significance; prevention of emergency situations of inter-municipal and regional nature, natural disasters, epidemics and elimination of their consequences; education; health care; Physical culture and sport, as well as other areas in accordance with the powers of the subjects of the Russian Federation ().

Types of local objects to be displayed on the territorial planning scheme are also determined by the Law of the Directory of the Russian Federation in areas: Electric and gas supply of settlements (additionally heat and water supply, drainage - for the urban district); Local road roads; education; health care; physical Culture and sport; Processing, disposal, disposal, accommodation of solid utility waste, as well as other areas in connection with the solution of local issues (paragraph. 1 h. 3 of Art. 19, paragraph 1 of Part 5 of Art. 23 GRK RF).

22. In paragraph 21 of this article, the concept of "Parking (Parking)" is officially defined. In the definition, firstly, briefly, but a clearly characterized parking space itself (parking) is specially designated and, if necessary, equipped and equipped place, which is part of the highway and (or) adjacent to the roadway and (or) sidewalk , sideways, overpass or bridge, secondly, its destination - for organized parking vehicles, thirdly, it is indicated that the parking space can be used for parking both on a paid basis and without chargeting the fee by decision of the owner or other owner Automobile road, owner of the land plot.

In the joint venture 42.13330.2011 "Urban planning. Planning and building of urban and rural settlements. Actualized edition SNiP 2.07.01-89, "app. Order of the Ministry of Regional Development of Russia of December 28, 2010 N 820 (Appendix B) determined that parking is a temporary stay in the parking lots motor vehiclesbelonging to visitors of objects of various functional purposes, and parking are open areas designed for storage or parking cars. Parking for storage can be equipped with canopies, lightweight boxes, viewing overpass. Parking can be arranged noncommunicable (including in the form of pockets when expanding the carriageway) or street (on the roadway indicated by markup).

In another SP 113.13330.2012 "Parking of cars. Actualized edition SNiP 21-02-99, "app. Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 635/9, (clause 3.1) Parking of cars (parking, parking, parking, garage, garage-parking) is qualified as a building, construction (part of the building, facilities) or a special open area, Designed for storage (parking) of passenger cars and other motor vehicles (motorcycles, scooters, motorsoles, mopeds, scooters, etc.).

In the same SP 113.13330.2012, the following parking lots are distinguished: built-in, built-in-attached, separate, attached, underground; terrestrial closed type; open type; modular prefabricated; Floating (debarkarer); mechanized; semi-mechanized; Dissolved, etc.

GRK of the Russian Federation (paragraph 3 of Part 5 of Art. 42) prescribes that the materials on the substantiation of the project planning project in graphical form contained a scheme of organizing a street-road network that could include not only the traffic circuit in the relevant territory, but also the scheme Parking accommodation (parking spaces).

Creation (construction) and parking equipment (parking spaces) near roads and in settlements contributes to the strengthening of discipline among drivers, compliance with cleanliness on roads, ensuring the safety of cars.

The need to optimize the organization of the road traffic in the conditions of its intensity, preventing the violation of the Rules of the Roads was advocated the bodies of the legislative and executive authorities to include a similar definition into the rules of the road (Section 1.2), approved by the decision of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 and to the Federal Law of December 10, 1995 N 196-FZ "On Road Safety".

23. In paragraph 22 of this article, which is a technical customer. As is clear from the definition, this legal entity that is authorized by the developer (or acts on behalf of the developer) and performs the following functions:
———————————
This item in the commented edition enters into force on July 1, 2017 - see federal law of July 3, 2016 N 372-FZ.

- concludes contracts engineering Exquisites, the preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities, prepares tasks for the implementation of these types of work;

- provides persons performing engineering surveys and (or) to prepare project documentation, construction, reconstruction, overhaul of capital construction facilities, materials and documents necessary to perform these types of work;

- approves project documentation;

- signs the documents necessary to obtain permission to enter the object of capital construction;

- performs other functions provided for by law on urban planning activities.

According to the law, a legal entity that performs the functions of the technical customer (with the exception of the state or municipal or other, but with the prevailing state or municipal participation in its authorized capital) must be a member of the SHSRO (see. 2.1 of Art. 47, part 4.1 of Art. 48, part 2.2 of Art. 52 GRK RF).

24. In paragraph 23, it is presented to the definition of the concept of "a program of integrated development of the communal infrastructure of the settlement, urban district" (about the system of communal infrastructure as such see paragraph 25 of the comment to this article). Here we are talking (in relation to the settlement and urban district) on documents establishing lists of measures for the design, construction, reconstruction of electrical, gas, heat, water, water supply and drainage systems, as well as objects used for processing, disposal, neutralization and disposal solid household waste, which make up the system of the communal infrastructure as a whole. Such documents are provided for in accordance with the schemes and programs for the development of the Unified National (All-Russian) electrical network for the long-term period, the General Scheme of Placing Electric Power Industry, federal Program gasification corresponding to interregional, regional gasification programs, heat supply schemes, water supply and drainage schemes, as well as territorial schemes in the field of waste management, including solid communal waste.

In settlements (urban and rural and urban districts, the integrated development programs of the communal infrastructure systems are approved by local self-government bodies of the relevant settlement, the urban district. The basis for their development is the general plans of such settlements, urban districts. The main requirement for such programs is to ensure that they can provide a balanced, promising development of communal infrastructure systems in accordance with the requirements of the construction of capital construction facilities and the relevant requirements for the reliability, energy efficiency of these systems, reducing the negative impact on the environment and human health and human health and Improving the quality of goods supplied to consumers provided services in the spheres of electrical, gas, heat, water supply and drainage, as well as services for processing, disposal, disposal and disposal of solid utility waste.

Regional programs for the modernization of communal infrastructure systems include, as noted in Part 2 of Art. 16.1 FZ "On the Fund for Promoting Housing and Communal Services", regional programsimplemented in the fields:

- water supply (in terms of construction and (or) reconstruction of engineering networks and structures intended for water treatment, transportation and feeding of drinking and (or) technical water subscribers);

- drainage (in terms of construction and (or) reconstruction of engineering networks and facilities intended for reception, cleaning, transportation and drafts wastewater);

- acceleration with solid communal waste (in terms of construction and (or) reconstruction of engineering structures and their complexes intended for disposal, processing, disposal and disposal of solid utility waste);

- heat supply (in terms of construction and (or) reconstruction of thermal networks or heat sources with a set of up to 25 megawatt);

- power supply (in terms of construction and (or) reconstruction of electric grid facilities or power supply sources with a set capacity of up to 25 megawatts located in the areas of the Far North and equivalent areas in Siberia and the Far East).

25. From the definition given in paragraph 24 of the commented article 1 of the Urban Planning Code of the Russian Federation, it follows that the system of communal infrastructure is, firstly, a complex of technologically interconnected objects and engineering structures, secondly, interrelated objects and engineering facilitiesintended to carry out the supply of goods and providing services in the spheres of electrical, gas, heat, water supply and drainage to the connection points (technological accession) to the corresponding engineering systems of capital construction objects within the boundaries, as a rule, territories of the respective municipalities (urban and rural settlements, urban districts). In addition, an integral part of this system is objects that are used for processing, disposal, disposal, disposal of solid utility waste in accordance with the Federal Law "On Production and Consumption Waste".

Institutional elements of a communal infrastructure system are objects of capital construction (reconstruction, repair) in the field of urban planning activities (these are buildings, buildings, structures), and the main functional elements of this system are power supply, gas supply, heat supply, water supply and drainage, as well as processing, disposal , neutralization, burial of solid utility waste.

26. In paragraph 25 of the commented article in relation to town planning legislation The legal characteristic of the concept of "transport and transplant node" (TPU) is given. First of all, in the rate of definition, the institutional composition of this concept is indicated - this is a complex of objects real Estate, occupying a certain territory - a land plot or several land plots with the objects of transport infrastructure located on or under them, as well as other objects. Further, the functional purpose of the specified objects is determined - they should serve as a safe and comfortable service of passengers in places of their transfers from one type of transport to another.

In other words, the transport and transplant assembly is a kind of passenger complex that performs functions on the redistribution of passenger traffic between the types of transport and movement directions. Typically, the transport and transplant unit is formed (built) in large cities under the guidance of regional or local authorities in order to optimize the transportation process (see, for example, the Resolution of the Government of Moscow of September 6, 2011 N 413-PP "On the formation of transport and transfers knots in the city of Moscow "). As practice shows, the transport and transplant node may include: landing terminals, intercepting parking, taxi parking, etc.

27. In paragraph 26, it is determined to determine the concept of "tutorials of urban design design", which are characterized by the following features:

1) This is a set of calculated indicators of two types:

a) the minimum permissible level of social security of the constituent entities of the Russian Federation and municipal entities of regional importance (in areas: transport (railway, water, air), road roads or inter-municipal significance; prevention of emergency situations of inter-municipal and regional nature, natural disasters, epidemics and elimination of them Consequences; Education; Healthcare; Physical Culture and Sport and others - Part 3 of Art. 14 GKK of the Russian Federation, Part 1 of Art. 29.2 GRK of the RF) and Local Objects (in areas: Electro- and gas supply of settlements (additionally, heat and Water supply, water disposal - for the urban district); local roads; education; health; physical culture and sport; processing, disposal, disposal, accommodation of solid utility waste, as well as other areas due to the solution of local issues - p. 1 h . 3, Art. 19, paragraph 1 of Part 5 of Art. 23,);

b) the maximum permissible level of territorial availability of such facilities for the population of the constituent entities of the Russian Federation, municipalities (about the facilities of regional and local meanings, see paragraph 21 of the comment to this article);

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

FROM mandatory account These standards are prepared by projects of the scheme of the territorial planning of the subject of the subject of the Russian Federation (see part 1.1 of Art. 15 of the GRK of the Russian Federation), the schemes of the municipal district (see), the draft master plan of the settlement and the urban district (see. 3 of Art. 24 GRK RF) . Therefore, it is natural that the standards of urban design is somewhat different (rather than in the RF GDC) are determined in the methodological recommendations for the development of projects of general plans of settlements and urban districts. Such regulations are a set of standards for the development of territorial planning documents, urban zoning and documentation on the planning of the territory. These include safety standards and favorable human life conditions (including social and utility utility facilities, the availability of such facilities for the population (including disabled), engineering infrastructure facilities, territory improvement), providing for high-quality and quantitative requirements for the placement of capital construction facilities , territorial and functional zones in order to prevent damage to life and health individuals, property of physical and legal entities, state I. municipal property, environment, cultural heritage sites, etc.

The standards of urban design design are approved by the executive body of the state authority of the subject of the Russian Federation (regional regulations) and the representative body of local self-government (local regulations). Regulations of urban planning design are divided into regional and local, which, in turn, include similar regulations for the municipal district, settlements and urban district. More details and more specific content of the standards of urban design, the procedure for their preparation and approval are governed by the norms of chapter 3.2 (Art. Art. 29.1 - 29.4) of the GCC of the Russian Federation.

28. In paragraph 27, 28 of the commented article, the concepts of comprehensive development of transport infrastructure and social infrastructure are determined in relation to the settlement and the city district:

1) and in the same case these documents establishing lists of activities for designing, construction, reconstruction of facilities, respectively, the transport and social infrastructure of local importance (which are also provided by state and municipal programs, the strategy of the socio-economic development of the municipality and the plan of measures to implement strategies for the socio-economic development of municipality, plan and program of comprehensive socio-economic development of the municipality);

2) and in that and in another case, such integrated development programs are developed and approved by local self-government bodies of the settlement, the urban district on the basis of the general plans of the settlement, the urban district;

3) Both programs should ensure a balanced, promising development of the transport and social infrastructure of the settlement, the urban district, taking into account the requirements for the construction of relevant facilities.

In relation to the programs of the integrated development of the transport infrastructure of the settlement or urban district, a small difference is that the relevant lists of activities for its development may also be provided for by investment programs of subjects natural monopolies in the field of transport.

Relevant areas (spheres) of the infrastructure of settlements and urban districts (transport, roads, objects of education, health care, etc.) constitute a significant part of the maintenance of general plans of settlements, urban districts, including maps of planned placement of local objects, functional zone cards and Dr. (see h. 3 and 5 of Art. 23 GDC RF). In other words, the specified programs for the integrated development of transport and social infrastructure in the form separate document A kind of continuation (annex) of general plans of settlements and urban districts.

29. Clause 29 of the commented article, which determines the concept of "machine-place", was introduced into the RF GRK by the Federal Law of July 3, 2016 N 315-FZ "On Amendments to Part of the First Civil Code of the Russian Federation and individual legislative acts of the Russian Federation". Until recently, such a concept was absent in the current legislation. This novel was set a peculiar point in legal disputes about the legal mode of this object. The specified definition noted that the machine is intended solely for the placement of the vehicle. The main characteristic feature of this object is that it is an individual-defined part of a building or structure that is not limited or partially limited by a construction or other enclosing design. From the content of the specified definition, an unambiguous conclusion is followed that the machine-place refers to real estate (as part of non-residential premises).

Simultaneously with the advent of this definition, an additional rate appeared in Art. 130 of the Civil Code of the Russian Federation, in which it is stated that residential and non-residential premises include residential and non-residential premises, as well as intended for the placement of vehicles part of buildings or structures (machine-space), if the boundaries of such premises, parts of buildings or structures are described in established by law About state cadastral accounting.

Thus, if the boundaries of the machine-space are described in accordance with the legislation on the state cadastral accounting (that is, the object is supplied to cadastral records), then it can be issued in the prescribed manner as an object of real estate.

Before establishing a clear legal regime of the machine, there was contradictory practice (including judicial) about the legal fate of this object. In some cases, the place was recognized as an independent real estate object, in other cases - no, since it was not limited to building structures (for example, on SP 113.13330.2012 "Parking of cars. Actualized editorial board 21-02-99", approved by order Of the Ministry of Regional Development of Russia of December 29, 2011 N 635/9, in parking lots, as a rule, the separation of machine-places on partitions into separate boxes was not allowed) and did not constitute a separate non-residential room, which excluded the possibility of describing the object of accounting and preparation of accounting and technical documentation For state registration of rights to the machine-place.

30. In paragraph 30 of the commented article, a new definition of "estimated cost of construction, reconstruction, overhaul" is presented. Legally, this concept is defined simply enough, such a cost is only the amount of funds necessary for the construction, reconstruction, overhaul of capital construction facilities. It is more difficult to answer the question about the size of the estimated cost of construction (reconstruction, overhaul), since it is determined in accordance with the estimated standards (these are estimated norms and methods of applying estimated norms and estimated prices of construction resources), which are referred to in paragraphs 31 - 33 comments to this article.

In practice, the estimated cost of construction is initially determined in the document, referred to as the estimate. Summary, local, object and other estimates are highlighted. The estimate is calculated the amount of construction costs, painted by expenses (acquisition of building materials and components, wages, taxes and other mandatory deductions, economic costs, and so on.).

The estimates are just being developed in order to determine the size of the means (ie, the estimated value) necessary to finance the capital construction of buildings, buildings, structures. The estimated cost is the basis for determining the size of capital investments, construction investments, financing construction.

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

The estimated cost of construction and installation work is distributed into three main parts: direct costs, overhead costs and estimated profits (planned accumulations). In accordance with Art. 318 Tax Code of Russia The cost of production is divided into direct and indirect costs. Direct costs include material expenses for building materials, products and designs, construction machines and equipment, transport costs and labor costs of workers. Indirect costs include all other amounts of expenses necessary for the implementation of a normal building process, based calculations and used to receive income from the statutory activities of the Organization. The contractor's indirect costs in construction include overhead, determining management costs. construction Organization and other contractor costs, as limited legislatively (payments on mandatory and voluntary insurance, expenses for the mobile nature of work, shift method construction and other things.) and not limited (cost intangible assets, Payments on bank loans, etc.). In addition to direct and indirect costs in estimates for contractor, it provides for the necessary remuneration of the contractor (Article 709 of the Civil Code of the Russian Federation) in the form of estimated profits.

There is a methodology for determining the cost of construction products in the territory of the Russian Federation, approved. Resolution of the Russian State Building of March 5, 2004 N 15/1. It is recommended to determine the cost of construction of new, reconstruction, expansion and technical re-equipment of existing enterprises, buildings and structures, carrying out repair and commissioning, as well as the formation of prices for construction products. In particular, it is envisaged that in the consolidated estimated calculations of the value of industrial and housing and civil construction, the funds are recommended to be distributed in the following chapters:

1) preparation of the construction area;

2) the main objects of construction;

3) objects of the utility and maintenance;

4) objects of energy economy;

5) objects of transportation and communications;

6) external networks and facilities of water supply, sewage, heat supply and gas supply;

7) improvement and gardening of the territory;

8) temporary buildings and structures;

9) other works and costs;

11) Preparation of operational frames;

31. Article 31 of this article contains the definition of "estimated norms". Unlike legal norms (rules), this is a combination of quantitative indicators of materials, products, structures and equipment, labor costs of workers in the construction, operation time of machines and mechanisms established on the adopted unit of measurement, and other costs. These indicators regarding these and other construction resources are used in determining the estimated cost of construction (see paragraph 30 of the commentary to this article).

The corresponding indicators and use of them in the calculations of the estimated cost are described in the method of determining the cost of construction products in the territory of the Russian Federation, approved. Resolution of the Russian State Building of March 5, 2004 N 15/1.

There are united I. departmental norms and rates (Yenir and Vnir) on construction, assembly and repair and construction work, which are part common system Production standards and rates in construction. They are divided by types of work and are produced by individual collections.

In construction and repair and construction production, about 40 of the ENIR collections with different issues of release are applied. So, for the rationing and remuneration of workers, partners engaged in directly on the repair construction workThe collection of N 20 Yeniir two issues is applied.

All collections of norms and rates consist of paragraphs of norms and rates, each of them is assigned a cipher showing, in which collection and release this paragraph is placed. Enier ciffers, in turn, consist of three or two digits indicating paragraph, release and collection. Paragraphs include guidelines for the work of work, the composition of the work, the composition of the links, the number of workers and their discharges, the time rate (labor costs) and the rated. In notes to individual paragraphs, appropriate correction coefficients are specified to time and rates.

In this regard, the document is still relevant. Single norms and rates for construction, assembly and repair and construction work (Yenir). Common part ", approved. By the decision of the USSR State Building, the State Protection of the USSR and the WCSPS secretariat of December 5, 1986 N 43/512 / 29-50.

32. In paragraph 32, the concept of "estimated construction resources prices" is legally clarified. From the definition it follows that this is a consolidated aggregated in the territorial request, documented information on the cost of construction resources. It is still characterized by the fact that it is set to the adopted unit of measurement and is posted in the federal state information system for pricing in construction.

Construction resources are a kind of material and technical resources used in construction. They are divided (in a broad sense) to labor, financial, natural, material, energy and industrial. Building resources of logistical nature are materials, products, designs and equipment, machinery and mechanisms, as well as labor workers in construction.

As noted in clause 33 of the commented article, the estimated prices of construction resources are an integral part of the estimated standards used in determining the estimated cost of construction. Accordingly, they are reflected in certain quantitative parameters in a schedule for construction (reconstruction, overhaul).

In conditions market relations In accounting for developers (customers) and contractors, estimated prices (calculations) on construction objects are usually reflected on the basis of their contractual value (see PBU 2/2008 "Accounting of construction contracts", approved by the order of the Ministry of Finance of the Russian Federation of October 24, 2008 . N 116n). Therefore, prices in the contractual relationship of the Customer and the Contractor may be variable and movable. As noted in part 4 of Art. 709 of the Civil Code of the Russian Federation, the work price (estimate) can be approximate or solid; In the absence of other instructions in the contract, the price of work is considered solid.

33. In clause 33 of the commented article, the concept of "estimated standards" is determined. As it is clear from the definition, this is, on the one hand, estimated norms (see paragraph 31 of the comment to this article), and on the other - the methodology for the use of estimated norms and estimated construction prices. Accordingly, these standards in their aggregate make it possible to evaluate construction resources (builders' costs, the need for materials and tools, the operating time of technology, etc.) and therefore are used in determining the estimated cost of building buildings, buildings, structures.

Estimated standards are a peculiar generalized name of the set of norms and prices (rates), united in separate collections. There are four types of estimated standards: state federal estimated standards (GFsN), production and sectoral estimated standards (ADD), introduced by ministries and other departments; Territorial (regional) estimated standards (TSN) used in the territory of the relevant region and administered by the executive authorities of the constituent entities of the Russian Federation; Branded estimated standards (FSN), compiled for individual (primarily state) organizations in departmental subordination.

34. In paragraph 34 of the commented article, the concept of "Activities for Integrated and Sustainable Development of the Territory" is presented. Legal characteristics of such activities are as follows:

1) it is carried out in order to ensure the most efficient use of the territory;

a) preparation and approval of the territory planning documentation for the placement of objects of capital construction of residential, social, social and business and other purposes and necessary for the functioning of such facilities and ensuring the life of citizens, the functioning of communal, transport, social infrastructures;

b) architectural and construction design, construction, reconstruction of the above objects.

This formulation covers, in fact, all types of construction work, which can provide a truly comprehensive and sustainable development of a territory, which is the main goal of urban planning activities. Achieving integrated and sustainable development objectives means:

- ensuring the safety and favorable conditions of human life;

- limitation of negative factors of a particular activity on the environment;

- ensuring the protection and rational use of natural resources in the interests of people, etc.

For more information on the sustainable development of the territory, see p. 4 comments to this article.

In recent times, a number of legal novels appeared in the GRK of the Russian Federation, the contents of which are aimed at achieving the objectives of the integrated and sustainable development of territories. In art. Art. 46.4, 46.5, 46.6 GRK of the Russian Federation determined the legal regime of the Treaty complex mastering territory (including in order to build housing economy-class). Federal Law of July 3, 2016 N 373-FZ "On Amendments to the Urban Planning Code of the Russian Federation, the individual legislative acts of the Russian Federation in terms of improving the regulation of the preparation, coordination and approval of the documentation for the planning of the territory and ensuring the integrated and sustainable development of territories and recognition by invalid The provisions of the Legislative Acts of the Russian Federation "it is envisaged that the integrated development of the territory can be carried out both on the initiative of the right holders of land plots and (or) objects of immovable property located within the boundaries of the territory and on the initiative of local governments (see Art. Art. 46.9,) .

35. In the final clause 35 of the commented article 1 of the GCC of the Russian Federation, the definition of the urban-planning term "element of the planning structure" was recorded. Such terms are usually used in land use and development rules and other territorial planning documents. The legally given concept is defined simply - this is part of the territory of the settlement, the urban district or the interface of the municipal district (quarter, microdistrict, district and other similar elements), within which territorial planning can be carried out and other urban planning activities.

The types of elements of the planning structure are established by the Russian government of the Russian Federation by the federal executive authority, which may be the Ministry of Construction and Housing and Communal Services of the Russian Federation (Minsk RF), Ministry of Finance of the Russian Federation (Ministry of Finance of the Russian Federation).

In the commented norm of the law, the types of elements of the planning structure are named a quarter, microdistrict, district, etc. A more complete list of elements of the planning structure, as well as elements of the street-road network, elements of addressing objects, types of buildings (structures), premises used as address details, approved by the Order of the Ministry of Finance of the Russian Federation of November 5, 2015 N 171n. Based on the Decree of the Government of the Russian Federation of November 19, 2014, N 1221 "On Approval of the Rules of Assignment, Changes and Cancellation of Addresses" in this order, the following elements of the planning structure are recorded: shaft, zone (array), quarter, deposit, microdistrict, embankment, island, Park, Port, District, Garden, Square, Territory, Territory of Gardening, Gardening and Dutcha Non-Profit Partnerships, Consumer Cooperatives and Non-Profit Partnerships, as well as the territory of real estate owners and yurts.

Construction participants should know what the city-planning code of the Russian Federation is, from which sections it consists, and that regulates. In fact, it is a set of legislative acts describing the rules for the development, planning and improvement of settlements, issuing permits for the construction, infrastructure formation, the basis for environmental protection, responsibility and nuances of interaction between legal relations.

The last revision of the RF GDC is valid from September 30, 2017. It defines the main rules for the development, as well as precisely indicated zones allowed for reconstruction, construction and other actions of this nature. The document is of particular importance in the urban sphere. The main goal of creating a new GRK of the Russian Federation of 2017 was the exclusion of arbitrariness and violation of the law in the construction sector.

Below will look at what the GRK of the Russian Federation is, which regulates the document, from which sections is how city planning is planned, and what bodies perform work on the editorial board.

If we consider the definition, the GRK of the Russian Federation (the City Planning Code of the Russian Federation) is a law establishing rules and rules in the field of urban planning activities in the territory of the Russian Federation. It defines the main requirements for the following works:

• Architectural planning.
• Planning territories.
• Territorial planning.

The power of the Russian Federation applies to the construction sector - the construction, repair and restoration of facilities of caption. The design of the document is caused by a number of reasons:

• Organizing the provisions and other legislation.
• Increased construction.
• Development of the market for affordable housing for people.

In the GRK of the Russian Federation, the competencies of the participants in the city planning sector are clearly indicated, the hierarchy of subordination and the powers of various authorities are indicated. This simplifies the process of implementing the mechanisms of the relationship of organs.

What does he regulate?

The task of the city planning code is to regulate:

1. Town-planning relationships that are associated with work aimed at developing certain zones (cities and other settlements) - engineering surveys, territorial planning, construction and restoration of facilities, architectural and construction design, territory layout, overhaul (works under which the safety of the object is addressed) .
2. Relations related to the prevention of emergency and the elimination of their consequences, as well as adopting measures to guarantee construction security.
3. Relations related to obtaining and terminating the status of SRO, activities of SRO, determining legal status, using disciplinary action measures and the establishment of the procedure for SRO.
4. Relationships related to the arrangement of artificial land.

The structure of the city planning code

The RF GKK consists of nine major and two additional chapters. They describe:

1. General.
2. The powers of the structures of the state institution of the Russian Federation, the structures of the state-owned subjects of the Russian Federation and local self-government.
3. Territorial planning.
4. Town planning zoning.
5. Planning the territory.
6. Construction and reconstruction of facilities of caption, architectural and construction design.

• Self-regulation in the construction and restoration sector of buildings of caption, architectural and construction design, regulation in the field of engineering surveys.
• Operation of objects (buildings and structures).

1. Ensuring urban planning activities in the information sector.
2. Responsibility for violation of the law of the RF GDC.
3. Features of activities in the city building sector in cities that have federal significance (St. Petersburg, Moscow).

How is the planning of the city?

Territorial planning of the city is a complex of work.

Preparation and subsequent approval of planning schemes of the territory of the Russian Federation

Such schemes are approved by the Government of the Russian Federation. If we are talking about defense facilities or related to security, their approval is carried out in a special procedure established by the legislation of the Russian Federation. Creating schemes are made taking into account engineering surveys and existing regulations in the construction sector, provisions on planning the territory of the Russian Federation, proposals of interested persons and other documents.

Prior to approval, draft schemes are considered and coordinated (before approval) with the stakeholders of the state-owned statement, taking into account Art. 12 GRK RF. Draft schemes should be published in the order that is established for the official publication of the regulatory acts of the Russian Federation and other documents. The process is organized at least 3 months before approval, followed by placement on the offset of the Government of the Russian Federation.

Interested bodies have the right to nominate their proposals regarding projects of the schemes of territorial planning of the Russian Federation. The latter must be published taking into account the current order and are posted on the official resource of the government.

The planning schemes of the territory of the Russian Federation for up to 3 days from the date of approval are transferred to the highest executive bodies of the state-owl of the subjects of the Russian Federation and the bodies of the municipal government that are responsible in the territory for which planning schemes are created. Holders of rights to linear facilities, facilities facilities and land areas can challenge the schemes of territorial planning, if their changes contributed in any way. Protection of interest is made with the involvement of the judicial authorities.

The state authorities of the Russian Federation, local government subjects, as well as interested parties (ordinary citizens and companies), are entitled to make proposals for making changes in the scheme. This work is carried out taking into account the requirements of the GRK of the Russian Federation. The feature and procedure for preparing draft planning schemes of the Russian Federation, as well as the nuances of making changes are established by the Government of the Russian Federation. If we are talking about the objects associated with the defense sector and security, the procedure for changes and publication occurs, taking into account the current legislation in relation to state secrets.

Coordination of the project planning schemes for the territory of the Russian Federation

The draft planning schemes of the territory of the Russian Federation should be agreed with the state authorities of the constituent entity of the Russian Federation in situations, if new proposals imply an entrepreneur to already existing documents relating to territorial planning, land of agricultural land, land of environmental protection and areas in possession of the subject. In addition, it is necessary to coordinate issues related to the placement of facilities of the buildings of state importance, which in the future can negatively affect the environment.

Other issues may not be coordinated when preparing a project planning scheme. The terms of approval should not be more than 3 months from the date of referral to the highest authorities of the state registries of the Russian Federation in relation to the territories for which the project of such a planning scheme is preparing. This also applies to the sites that the planned structure can have a negative impact.

If the highest authority did not give his resolution in the legislative level The period is believed that he agreed to introduce a draft planning scheme of the territory of the Russian Federation. The Supreme State of the Russian Federation of the Russian Federation reports the draft scheme in places in relation to territories for which documentation has been prepared. Local bodies, in turn, are considering the documents received, aspects of changing the borders of the plots, land use rules and issues related to objects whose construction can negatively affect the environment.

The preparation of the conclusion by local authorities is given no more than 30 days from the date of the preparation of documents. If during this period the decision did not receive, by default it is believed that they agree with such a project planning scheme for the territory of the Russian Federation.

The Supreme Executive Body of the State Register of the Russian Federation on the basis of the conclusion from local authorities (if it is transmitted) is preparing a final conclusion on the draft planning scheme of the territory of the Russian Federation. It may have a provision on disagreement with a project with a justification for such a decision. If several different subjects do not agree with projects, a conciliation commission is being created for 30 days, which operates for 3 months. Her task is to solve issues of coordination with the subjects of the Russian Federation. The result of her work is:

• Issuance of a document confirming the coordination of the draft planning scheme of the territory of the Russian Federation, and preparations for approval of the scheme made by editing (taking into account the recommendations of local authorities).
• Preparation of materials in text and graphic form on issues that required priority approval.

The specified papers and materials may contain proposals to exclude from the draft materials on issues that were not agreed. They can be reflected on the graphic part in order to visually display moments worthy of the greatest attention. Also indicates a plan for coordination of issues that appeared after approval of the planning scheme of the territory of the Russian Federation.

On the basis of papers transferred to the conciliation commission, the issue of further approval of the planning scheme of the territory of the Russian Federation or its deviation is decided. In the latter case, the document can be sent to refinement and subsequent changes to approval by all participants. At the same time, the general procedure for harmonizing the draft scheme establishes the Government of the Russian Federation.

Embodiment in the reality of the scheme of territorial planning

If all the questions are consistent, at the last stage, the implementation of the plan for 3 months from the date of approval is carried out. The following questions are indicated in terms of implementation of the scheme:

• Terms of preparation of papers on planning the territory for the construction of facilities of captions are clarified by the boundaries of land of land for the placement of such structures.
• The period of preparation of the project and the deadlines for the construction of the facility of state-importance.
• Financial and economic justification of planning scheme.

Who is engaged in the editors of the Code, and how often do it?

As noted at the beginning of the article, the city-planning code - the law of the subject of the Russian Federation, which approves the changes made and gives them a legislative force. Recommendations for the introduction of edits are made by authorized bodies in the construction of construction, after which they are studied by local authorities. Based on the conclusion of the subjects of the Russian Federation, a decision is made on the possibility of approving changes.

The city planning code was adopted on December 22, 2004, after which changes were regularly made in the average periodicity twice a year.

Regulating urban planning and individual relations related to them in the Russian Federation.

Encyclopedic YouTube.

1 / 3

✪ How to get permission to build ILS - part 1 Why do you need permission? 5 steps!

✪ How to get permission to build ILS - Part 2 What is IZhS? Getting permission to steps.

✪ # 3 Changes in the Town Planning Code. Pricing Reform 2017.

Subtitles

Friends Let's discuss why you need permission? About the permission you separately google and see what we will remove the separate video that will be sad in which I will tell a long time about the code as an article and so on let's now about the problem what time until 2016 people for some reason did not need to have permission to build residential at home. And now it suddenly, we all needed let's go to the details that would understand what the problem ... From March 2016, changes were made to the Land Code after which the cadastral fee is now together with the registration case with a simplified registration. Call it "County Amnesty" on the individual a residential house began to demand permission to build all hello now you must need an oraganization permission that are ready to help you for a small and sometimes and a large amount of money to get a building permit in our video I would like to tell you what to get permission just quickly and not expensive I will tell you On the items all the documents that need to get what is needed in them and where and how do you need to submit them if you have a question to start construction installation work or get permission first? Definitely - get permission to build as soon as you cross this feature You complicate your path at times you become a violator you will need to carry money into different organizations, do not create any problems to get permission not difficult to start work before permission, let's answer the question when You do not need a permit for construction All this determines the city-planning code of the Russian Federation should not be relevant to the opinion of a familiar lawyer or a telephone conversation with architecture and even more so rely on the experience of those who built a house without permission all your actions with ariterature and other bodies are governed by the city planning code of the Russian Federation you need To learn the document yourself and determine for yourself you need permission or not let's talk with you some points of the city planning code Article 51 p.17 The issuance of building permits is not required in the case written for ordinary people \u003d) construction of the garage on the land plot provided physical face for the purposes of unrelated entrepreneurial activities or construction on land provided for gardening, country farm, I think the issue here will not be if you build a garage - you don't need permission if you build a country house - the permission you do not need if you build on Gardening plot Individual residential building Resolution You need to understand this construction Reconstruction of non-objects of capital construction of kiosks, canopies, and others. .. Schurmenny can be built just as construction on the land plot of buildings of the auxiliary use of summer kitchen, barn, saucer. Changing the objects of capital construction and or their parts ... ... ... blah blah so much that the main thing is said there that if you reconstruct your home and make from one to two with an enlarged area permission you need to principle everything in all other cases to you need for construction permission

Subject of legal regulation of the town-planning code of the Russian Federation

Thing legal regulation Determined by Art. 4 GRK RF.

1. Urban planning relations - relations related to urban-planning activities, that is, with the development activities of territories, including cities and other settlements carried out in the form of: - territorial planning, - town-planning zoning, - planning the territory, - architectural and construction design, In addition, the construction of the reconstruction of capital construction facilities, - overhaul, during which the constructive and other characteristics of the reliability and safety of capital construction facilities are affected, - the operation of buildings, structures (this species is included in the concept of urban planning activities from 01.01. 2013); 2. Relations related to: - adoption of construction safety measures - prevention of emergency situations of natural and technogenic nature - eliminating their consequences - in the exercise of urban-planning activities, if such relations are not resolved by special laws; 3. Relations related to C: - acquisition of the status of the SRO, - the termination of the status of the SRO, - the definition of the legal status of the SRO, - the implementation of the activities of the SRO, - to establish the procedure for the implementation of the SRO control the activities of its members, - the use of SRO disciplinary action to its members - the procedure for the implementation of state control (supervision) for the activities of the SRO; 4. Relationship related to the creation of artificial land. 5. Relationships related to the collection and processing of information necessary to determine the estimated cost of construction.

Preceding laws

Part 1 Art. 9 GRK RF provides for the following documents Territorial planning:

• RF;
• Schemes of territorial planning of constituent entities of the Russian Federation;
• Schemes of territorial planning of municipalities:
  • Schemes of territorial planning of municipal districts,
  • General plans of urban and rural settlements,
  • General plans of urban districts.

From September 1, 2011 entered into force Art. 57.1 GRK of the Russian Federation, providing for the creation Federal State Information System of Territorial Planningwhich is defined as an informational and analytical system that provides access to the information contained in state information resources, state and municipal information systems, including information systems for the provision of urban planning activities, and necessary to ensure the activities of state authorities and local governments in the field of territorial planning., regulatory legal acts of state authorities of the subjects of the Russian Federation - cities of the federal significance of Moscow and St. Petersburg and in which are established Territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for making changes to it (paragraph 8 of Art. 1 GRK of the RF).

Territorial zones - zones for which the boundaries of land use and development are identified and urban planning regulations (clause 7 of Article 1 of the RF RF) are identified.

The city planning regulations are the types of permitted use of land plots in the limits of the corresponding territorial zone, as well as it is above and under the surface of land plots and is used in the process of their development and subsequent operation of capital construction facilities, limit (minimum and (or) maximum) The size of land plots and the limit parameters of the permitted construction, the reconstruction of capital construction facilities, as well as restrictions on the use of land plots and capital construction facilities (clause 9 of Article 1 of the RF GKK).

Planning the territory

Preparation of territory planning documentation is carried out in relation to built-up or subject to development territories (paragraph 1 of Art. 41 GRC RF).

Preparation of the project planning project is carried out to allocate elements of the planning structure (blocks, microdistrict, other elements), establishing the parameters of the planned development elements of the planning structure (paragraph 1 of Art. 42 GRK RF).

Preparation of land survey projects is carried out in relation to the built-up and subject to development. territorieslocated within the boundaries of the elements of the planning structure established by project planning projects (clause 1 of article 43 of the RF GDC).

The preparation of urban planning plans of land plots is carried out in relation to built-up or intended for construction, reconstruction of capital construction facilities land plots (paragraph 1 of Art. 44 GRK RF).

On July 1, 2017, a new version of the Town Planning Code of the Russian Federation entered into force. The amendments are associated with the functions of developers and SROs carrying out engineering surveys and the preparation of project documentation in capital construction.

The amendments to the Urban Planning Code of the Russian Federation, which entered into force on July 1, 2017, made two new laws at once:

Federal Law of 07/03/2016 N 372-FZ,

Federal Law of 07/03/2016 N 373-FZ.

Both documents relate to the preparation of documentation on the planning of the territory and conducting engineering surveys. They changed a number of items of the Codex.

Technical customers

In particular, in accordance with the new edition articles 1 GRK RF The developers are now entitled to convey their functions provided for by law on urban planning activities, technical customer. At the same time, in accordance with the text of this article, the technical customer is a legal entity that is authorized by the developer and on his behalf concludes agreements on:

• carrying out engineering surveys;
• preparation of project documentation;
• construction, reconstruction;
• capital repair of capital construction facilities.

Also, the technical customer prepares tasks for the implementation of these types of work, provides persons performing engineering surveys and (or) to prepare project documentation, construction, reconstruction, overhaul of capital construction facilities, materials and documents necessary to fulfill the specified types of work. The functions of the technical customer can only be performed by a member of the SRO in the field of engineering research, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities.

Planning the territory

Membership in the SRO in the field of engineering surveys

New edition articles 46.8 GRK RF It provides for one of the mandatory conditions for participation in the auction for the right to enter into an agreement on the development of the territory in order to build housing of an economic class, an agreement on the integrated development of the territory in order to build housing of the economic class, membership in the SRO in the field of engineering surveys, architectural and construction design, construction, etc.

By norms articles 47 GRK RF All work on contracts for the implementation of engineering surveys concluded with the developer, technical customer or a person who received in accordance with Land Code of the Russian Federation permission to use land or land plot in state or municipal propertyTo fulfill engineering research (hereinafter also, the contracts for the implementation of engineering surveys) should be carried out only by individual entrepreneurs or legal entities that are members of the Sury in the field of engineering surveys. At the same time, the implementation of engineering research in such contracts provides exclusively by the specialists of the organization of engineering surveys (the main engineers of projects). Works on contracts for the implementation of engineering surveys concluded with other persons can be carried out by individual entrepreneurs or non-members who are not members of such SRO. The article also provides a list of cases when membership in SRO. Article 48 of the RF rk Similar requirements for architectural and construction work are identified. BUT article 52 of the GCC of the RF - to the implementation of construction, reconstruction, overhaul of capital construction facilities.

In accordance with the new requirements articles 53 GRK RF construction control Developers, technical customers, persons responsible for the operation of the building, facilities, or regional operators who can attract individual entrepreneurs or legal entities on the basis of a contract. By norms articles 55 GRK RF To issue a permit for commissioning, it is necessary, including the act of acceptance of the capital construction facility (in the case of construction, reconstruction on the basis of a construction contract).

New edition articles 55.1 GRK RF It includes the main objectives of self-regulating organizations in the field of engineering research, architectural and construction design, construction, reconstruction, overhaul of capital construction objects to ensure that members of the SRO obligations under contracts for the implementation of engineering surveys, to prepare project documentation, construction contract agreements concluded with The use of competitive ways to determine suppliers (contractors, performers) in accordance with the legislation of the Russian Federation on the contract system in the sphere of procurement of goods, works, services to provide state and municipal needs.

New edition articles 55.2 GRK RF Allows to acquire status self-regulatory organization non-commercial organizations created in the form of association (union). Paragraphs 1.1, 4 and 5 of this article have lost strength. The article has added a new section 7 of the following content:

Liquidation non-profit organizationhaving the status of a self-regulating organization, is carried out only after the exception of information about it from state registry self-regulatory organizations and enrollments in the manner and within the time set by part 14 articles 55.16 GRK RF, its compensatory fund (compensation funds) on a special bank account of the National Association of Self-Regulatory Organizations, a member of which was such a self-regulatory organization.

Now it is called "standards and internal documents of the self-regulating organization" and regulates all the internal documents of the NGO, which it should develop and approve before receiving the status of the SRO. Norma articles 55.5-1 GRK RF Determine the requirements for specialists of such organizations. A normal Articles 55.6 GRK RF Regulate the requirements and procedure for admission to members of such SROs. New edition articles 55.7 GRK RF Regulates changes in the termination of membership in the SRO.

The code also added a new, which determines the procedure for damages caused due to non-fulfillment or improper execution by a member of the self-regulating organization of obligations under the contract for the implementation of engineering surveys, the preparation of project documentation, a construction contract concluded using competitive ways to conclude a contract.