On July 4, 2016, amendments to the Town Planning Code of the Russian Federation came into force related to the introduction of legally established pricing in construction, as well as simplifying the issuance of permits and the construction and commissioning of an object.

Since July 4, 2016, the version of the Town Planning Code has been changed by three new Federal Laws at once, which entered into force on the day of signing:

1. 
   Federal Law No. 369-FZ of July 3, 2016,


2. 
   Federal Law No. 370-FZ dated July 3, 2016,


3. 
   Federal Law No. 372-FZ of July 3, 2016.

Each of these documents changed certain articles of the Code. Let's take a look at each separately.

Pricing

4 new clauses have been added to clarify new concepts in the code:

• 
  paragraph 30 determines that the estimated cost of construction, reconstruction, overhaul is the sum Money necessary for the implementation of all these processes;


• 
  paragraph 31 determines that the estimated norms are a set of quantitative indicators of materials, products, structures and equipment, as well as the labor costs of workers in construction, the operating time of machines and mechanisms that are installed on the accepted unit of measurement, and other costs, and are used to determine estimated cost construction;


• 
  clause 32 determines that the estimated prices of building resources are consolidated, territorially aggregated, documented information on the cost of building resources, which is established by calculation for an accepted unit of measurement and must be placed in the federal state information system for pricing in construction;


• 
  paragraph 33 determines that the estimated standards are the norms and methods of application estimated norms and estimated prices of building resources, which are used in determining the estimated cost of construction.

Article 4 of the Town Planning Code of the Russian Federation determines that the relations associated with the collection and processing of information that is necessary to determine the estimated cost of construction are regulated by the legislation of the Russian Federation on commercial and other legally protected secrets, taking into account the specifics established by the legislation of the Russian Federation on urban planning activities.

The new version of Article 6 of the Town Planning Code of the Russian Federation attributed to the competence of the state authorities of the Russian Federation in the field of urban planning, including the approval of estimated norms and methods for their application, the establishment of a procedure for monitoring the prices of building resources, the establishment of the procedure for maintaining the federal state information pricing system in construction, and also maintaining the federal register of estimated standards and the federal state information system for pricing in construction.

The Code has a new chapter 2.1 "Pricing and estimated rationing in the field of urban planning, the Federal Register of Estimated Standards. "It included two such articles:

• 
  , regulating pricing and estimated rationing in the field of urban planning;


• 
  regulating the Federal Register of Estimated Standards.

In addition, a new one has been introduced that regulates the Federal State Information System for Pricing in Construction and determines the composition of information and the procedure for its placement.

Self-Regulatory Organizations

Changed its name, now it is called "Requirements for a non-profit organization necessary to acquire the status of a self-regulatory organization" and determines that non-profit organization may obtain the status of an SRO based on the membership of persons performing engineering surveys, or an SRO based on the membership of persons carrying out training project documentation, provided it meets the requirements listed in this article. Article 55.16 of the Town Planning Code of the Russian Federation provides that SROs should now have not one compensation fund, but several. The purpose and size of these funds are defined in the short story of the article.

The new article 55.16.1 of the Town Planning Code of the Russian Federation regulates the placement of funds from the compensation fund for damages and the compensation fund for ensuring the contractual obligations of SROs in credit institutions, the investment of funds from the compensation fund for compensation for harm by SROs.

Article 55.17 of the Town Planning Code of the Russian Federation provides for the obligation of the SRO to maintain a register of its members. In particular, the maintenance of this register can be carried out as part of a single register of SRO members, provided that such a register is posted on the organization's website on the Internet. In Article 55.18 of the Town Planning Code of the Russian Federation, the procedure for maintaining state register self-regulating organizations. In particular, it should include data on compensation funds and documents developed by SROs.

Clause 8.1 has been added with the following content:

The national association of self-regulatory organizations is obliged to provide the supervisory body for self-regulatory organizations of its choice to exercise its functions with access to the unified register of members of self-regulatory organizations in viewing mode without the possibility of deleting or editing information in it, or provide, upon its request, the necessary information from the specified register.

Article 55.20 of the Town Planning Code of the Russian Federation provides for the creation of national associations of self-regulatory organizations, and also defines their functions. In particular, the information contained in the unified register of SRO members shall be posted on the website of the relevant National Association SROs on the Internet and should be available for review without charging a fee.

Permits for the construction and commissioning of the facility

In Article 51 of the Town Planning Code of the Russian Federation, the terms for issuing a building permit have changed, now they must be issued no later than 3 working days from the date of receipt of an application for a building permit, subject to the provision of all necessary documents.

Article 55 of the Town Planning Code of the Russian Federation introduced the possibility of interdepartmental electronic exchange of documents for obtaining permission to put an object into operation. Subordinate government bodies or bodies local government organizations that have these documents at their disposal must send them no later than 3 working days from the date of receipt of the relevant interdepartmental request.

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1. Architectural and construction design is carried out by preparing project documentation (including by making changes to it in accordance with this Code) in relation to objects capital construction and their parts, which are under construction, reconstructed within the boundaries of property owned by the developer or other right holder (who, when exercising budget investments into capital construction objects of state (municipal) property, state authorities (state bodies), the State Corporation for Atomic Energy Rosatom, the State Corporation for Space Activities Roscosmos, governing bodies of state off-budget funds or local governments transferred in cases established by budgetary legislation Russian Federation, on the basis of agreements, their powers of the state (municipal) customer) of the land plot, as well as the section of the project documentation "Estimate for the overhaul of the capital construction object" when carrying out the overhaul of the capital construction object in the cases provided for in Part 12.2 this article. In the event that the territory planning documentation provides for the placement of an object transport infrastructure federal significance or a linear transport infrastructure facility regional significance or local importance, architectural and construction design is carried out by preparing project documentation (including by amending it in accordance with this Code) in relation to such an object and its parts, under construction, when making budget investments in capital construction facilities of state (municipal) property, state authorities (state bodies), the State Corporation for Atomic Energy Rosatom, the State Corporation for Space Activities Roscosmos, management bodies of state extra-budgetary funds or local governments transferred to cases established by the budgetary legislation of the Russian Federation, on the basis of agreements, their powers of the state (municipal) customer) of the land plot.

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

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

3.1. The provisions of part 3 of this article shall not apply if the estimated cost of construction, reconstruction, overhaul of an individual housing construction object is subject to verification for the reliability of its determination.

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

4.1. No membership required self-regulatory organizations in the field of architectural and construction design:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude work contracts for the preparation of project documentation with federal executive authorities, state corporations exercising legal regulation in the relevant area, state authorities of the constituent entities of the Russian Federation, bodies local self-government, which are in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, public corporations, public authorities of the constituent entities of the Russian Federation, local governments;

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

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

4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude work contracts for the preparation of project documentation with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments , in the established areas of activity of which these legal entities carry out statutory activities, or in the event that these legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in statutory ( joint) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude contracts for the preparation of project documentation with the specified and federal executive authorities, public authorities of the constituent entities of the Russian Federation, local governments, legal entities, or in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, public authorities of the constituent entities of the Russian Federation, local governments, legal entities .

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

5.2. The contract for the preparation of project documentation may provide for a task for the implementation engineering surveys. In this case, the specified individual or legal entity also organizes and coordinates engineering surveys and is responsible for the reliability, quality and completeness of the engineering surveys performed. This agreement may also provide for the provision of receipt of technical conditions by the specified individual or legal entity.

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

1) town-planning plan of the land plot or in the case of preparation of design documentation for a linear facility, the project territory planning and a land survey project (with the exception of cases in which the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation);

2) the results of engineering surveys (if they are not available, the contract for the preparation of project documentation should provide for an assignment for the performance of engineering surveys);

3) technical conditions (in the event that the operation of the projected capital construction object cannot be ensured without connection (technological connection) of such an object to engineering and technical support networks).

7. Specifications providing for the maximum load, the timing of connection (technological connection) of capital construction facilities to engineering and technical support networks and the validity period of the technical specifications, as well as information on the payment for such connection (technological connection) is provided by organizations operating utility networks technical support, without charging a fee within fourteen days at the request of federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local authorities or copyright holders land plots, unless otherwise provided by the legislation on gas supply in the Russian Federation. The period of validity of the technical conditions provided and the deadline for paying a fee for such connection (technological connection) are established by organizations operating utility networks for at least three years or, in the case of integrated development of land plots for housing construction, for at least five years, except for the cases provided by law Russian Federation. The owner of the land plot within one year or in case of complex development of the land plot for the purpose of housing construction within three years from the date of provision of technical conditions and information on the payment for such connection (technological connection) must determine the engineering required for connection (technological connection) to the networks - technical support of the load within the limits of the technical conditions provided to it. The obligations of the organization that has provided the technical specifications providing for the maximum load, the terms for connecting (technological connection) of capital construction facilities to the engineering and technical support networks and the validity period of the technical specifications shall be terminated if, within one year or during the integrated development of the land plot for the purpose of housing construction, within three years from the date of granting the specified technical conditions to the right holder of the land plot, he will not determine the load necessary for him to connect (technological connection) to the engineering and technical support networks within the limits of the technical conditions provided to him and will not submit an application for such connection (technological connection).

8. The organization that operates the networks of engineering and technical support is obliged to provide the owner of the land plot with deadlines connection (technological connection) of the constructed or reconstructed capital construction facility to the engineering and technical support networks in accordance with the technical conditions and information on the connection fee (technological connection) provided to the owner of the land plot.

9. An executive body of state power or a body of local self-government authorized to dispose of land plots located in the state or municipal property, not later than thirty days before the day of the auction, or before the day the decision is made on the provision of a land plot that is in state or municipal ownership, or before the day the decision is made on the preliminary approval of the provision of such a land plot, provide interested persons technical conditions for connection (technological connection) to engineering and technical support networks, providing for the maximum load, the term for connecting (technological connection) of a capital construction facility to engineering and technical support networks, the validity period of the technical specifications and information on the connection fee (technological connection). The executive body of state power or local self-government body authorized to dispose of land plots, within fourteen days from the date of receipt of an application for holding an auction for the sale of a land plot owned by state or municipal property, or an auction for the right to conclude a lease agreement for such a land plot, is sent to organizations that operate utility networks, a request for the provision of the specified technical conditions, information on their validity period and connection fee (technological connection).

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

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

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

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

1) explanatory note with initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, including technical conditions for connection (technological connection) to engineering and technical support networks, and in the case of an examination of the results of engineering surveys before the examination of project documentation with the details of a positive conclusion of the examination of the results of engineering surveys;

2) the scheme of the planning organization of the land plot, made in accordance with the information specified in the urban planning plan of the land plot, and in the case of preparation of project documentation in relation to linear objects right-of-way project completed in accordance with the territory planning project (except for cases in which the preparation of territory planning documentation is not required for the construction, reconstruction of a linear facility);

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

a) the requirements of technical regulations, including the requirements of mechanical, fire and other safety, the requirements of energy efficiency, the requirements for equipping buildings, structures, structures with metering devices used energy resources to buildings, structures and structures (including their constituent networks and systems of engineering and technical support), requirements for ensuring access for persons with disabilities to a capital construction object (in the case of preparing design documentation for healthcare, education, culture, recreation, sports and other objects of social, cultural and municipal purposes, objects of transport, trade, public catering, objects of business, administrative, financial, religious purposes, objects housing stock);

b) sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of facilities;

c) requirements for the processes of design, construction, installation, commissioning, operation of buildings and structures;

d) requirements of technical conditions for connection (technological connection) of capital construction facilities to engineering networks;

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

5) security requirements safe operation capital construction objects;

6) information on the regulatory frequency of work on the overhaul of the capital construction object, necessary to ensure the safe operation of such an object, as well as in the case of preparing design documentation for construction, reconstruction apartment building information on the scope and composition of the said works.

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

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

12.3. Information about the capital construction object in the assignment of the developer or technical customer for design and in the project documentation is subject to indication in accordance with the classifier of capital construction objects according to their purpose and functional and technological features (for the purposes of architectural and construction design and maintaining a unified state register of conclusions of the examination of project documentation capital construction facilities) approved by the federal executive body responsible for the development and implementation of public policy and legal regulation in the field of construction, architecture, urban planning.

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

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

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

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

4) project documentation should include the section "Estimate for construction, reconstruction, overhaul, demolition of a capital construction object" (in cases where construction, reconstruction, demolition are financed with the involvement of funds from the budgets of the budget system of the Russian Federation, funds of legal entities specified in Part 2 Article 8.3 of this Code, capital repairs are financed with the attraction of funds from the budgets of the budgetary system of the Russian Federation, funds of the persons specified in Part 1 of Article 8.3 of this Code);

5) in the cases provided for in paragraph 3 of Article 14 of the Federal Law of July 21, 1997 N 116-FZ "On the industrial safety of hazardous production facilities”, Article 10 of the Federal Law of July 21, 1997 N 117-FZ “On the Safety of Hydraulic Structures”, Article 30 of the Federal Law of November 21, 1995 N 170-FZ “On the Use of Atomic Energy”, paragraphs 2 and 3 of Article 36 of the Federal Law dated June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation", as part of the project documentation in without fail includes documentation, sections of project documentation provided for by the indicated federal laws.

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

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

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

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

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

15.4. The introduction of the changes specified in parts 15.2 and 15.3 of this article into the project documentation after receiving the conclusion of the state construction supervision body on the compliance of the constructed, reconstructed capital construction object with the requirements of the design documentation is not allowed if the construction, reconstruction of such a capital construction object provides for the implementation of state construction supervision in accordance with this Code.

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

Commentary on Art. 48 GK RF

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

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

Preparation of project documentation is required if it is planned to carry out the construction, reconstruction or major repairs of buildings, structures and structures. At the same time, based on the meaning that the legislator puts into the concept of "reconstruction" (), it includes both expansion and technical re-equipment.

As for the overhaul, the preparation of project documentation is required if the design and other characteristics of the reliability and safety of capital construction facilities are affected during such repairs.

What is new is the definition of the moment with which the RF GK connects the possibility of preparing project documentation. So, according to clause 3.1 of SNiP 11-01-95, the development of project documentation is carried out in the presence of an approved decision on preliminary approval of the location of the facility. This is also the reason why many legislative acts provide for the provision of land plots on the basis of project documentation (for example, Article 31 of the Federal Law of July 17, 1999 N 176-FZ “On postal service", Federal Law of January 10, 2003 N 17-FZ "On Railway Transport of the Russian Federation"). This provision contradicts the new Civil Code of the Russian Federation, according to which the decision on the preparation of project documentation is made by the developer, i.e. a person who already owns a land plot on the basis of ownership, lease, permanent (unlimited) use or lifetime inheritable possession.
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SZ RF. 1999. N 29. Art. 3697.

SZ RF. 2003. N 2. Art. 169.

3. Availability of a developed, agreed and approved in in due course project documentation - required condition to obtain a building permit. At the same time, a fundamentally new provision is that the construction, reconstruction, overhaul of individual housing construction does not require project documentation. In order to avoid ambiguous interpretation of this norm in practice, the Federal Law of December 31, 2005 N 210-FZ “On Amendments to the Town Planning Code of the Russian Federation” clarified that in this case, individual housing construction objects are understood to be free-standing residential buildings with the number of floors not more than three, designed for one family.

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

4 - 6. Parts 4 and 5 of the commented Article 48 of the Civil Code of the Russian Federation establish a circle of persons who can prepare project documentation. Such persons can be both the developer himself and an individual or legal entity attracted by him (or his authorized person - the customer) on a contractual basis. At the same time, these persons may prepare project documentation only if they comply with the requirements of the legislation of the Russian Federation for persons engaged in such activities.

The legislation of the Russian Federation establishes such a requirement for persons who can prepare project documentation as a license. Moreover, this requirement has undergone significant changes. Previously, in accordance with paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-FZ “On Licensing Certain Types of Activities”, activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard and for the construction of such buildings and structures were subject to licensing. At the same time, the levels of responsibility of buildings and structures were established in accordance with GOST 27751-88 “Reliability of building structures and foundations. Basic provisions for calculation ”, approved by the Decree of the USSR Gosstroy of March 25, 1988 N 48 (as amended on December 21, 1993). According to the Rules for taking into account the degree of responsibility of buildings and structures in the design of structures, approved by the Decree of the USSR Gosstroy of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage that is possible when structures reach limit states. The procedure for licensing design activities is established by the Regulations on licensing activities for the design of buildings and structures of I and II levels of responsibility in accordance with the state standard approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174 (as amended by Decree of the Government of the Russian Federation of October 3, 2002 No. 731).
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SZ RF. 2002. N 12. Art. 1149, N 41. Art. 3983.

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

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

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

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

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

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

In this regard, December 22, 2006 State Duma the Federal Law “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid” was adopted, according to which the term for licensing the design of buildings and structures was extended until July 1, 2007.

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

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

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

These Rules govern relations between the organization that operates utility networks, local authorities and land owners arising in the process of determining and providing technical conditions for connecting capital construction projects under construction, reconstructing or built, but not connected, capital construction facilities to engineering networks , including the procedure for sending a request, the procedure for determining and providing technical conditions, the criteria for determining the possibility of connection, as well as in the process of connecting such objects to engineering networks, including the procedure for submitting and considering an application for connection, issuing and fulfilling connection conditions and conditions for supplying resources .

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

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

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

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

Issuance of technical conditions or information on payment for connection of a capital construction object to engineering and technical support networks is carried out without charging a fee.

Specifications must contain the following data:

- maximum load at possible connection points;

— the term for connecting the capital construction object to the engineering and technical support networks, which is determined, among other things, depending on the timing of implementation investment programs;

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

Information on the payment for the connection of the capital construction object to the engineering and technical support networks should contain:

- data on the connection tariff approved at the time of issuing the technical specifications in accordance with the procedure established by the legislation of the Russian Federation;

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

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

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

From January 1, 2006, the fee for connection to utility networks is determined in accordance with the Federal Law of December 30, 2004 N 210-ФЗ “On the Basics of Tariff Regulation of Public Utilities Organizations”, in accordance with clause 11 of Art. 2 of which the fee for connection to the engineering and technical support networks is a fee paid by persons engaged in the construction of a building, structure, structure, other object, as well as a fee paid by persons carrying out the reconstruction of a building, structure, structure, other object, in if this reconstruction entails an increase in the consumed load of the reconstructed building, structure, structure, other object.
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SZ RF. 2005. N 1 (part 1). Art. 36.

According to part 2 of Art. 12 of the Federal Law, the amount of the connection fee is determined as the product of the tariff for connection to the relevant system of the utility infrastructure and the amount of the declared consumed load (increase in the consumed load for the reconstructed object) provided by the communal infrastructure system for a building, structure, structure, or other object under construction or reconstructed. Tariffs for connection to communal infrastructure systems are set by the local government.

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

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

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

The connection of the capital construction object to the networks of engineering and technical support is carried out on the basis of an agreement. The order of conclusion and execution said agreement, the essential terms of such an agreement, the rights and obligations of the parties are determined in accordance with the legislation of the Russian Federation.

The connection of the capital construction object to the engineering and technical support networks is carried out in the manner that includes the following steps:

– submission by the customer of an application for connection;

– conclusion of a connection agreement;

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

– fulfillment by the customer of the connection conditions;

– verification by the contractor of the fulfillment by the customer of the connection conditions;

– connection by the customer of the object to the networks of engineering and technical support and signing by the parties of the act of connection;

- fulfillment of the conditions for the supply of resources.

Connection of a capital construction facility to electric networks and gas supply networks after the conclusion of an agreement on connection is carried out in the manner established, respectively, by the Rules for the technological connection of power receiving devices (power plants) of customers to electric networks in the Russian Federation (approved by Decree of the Government of the Russian Federation of December 27, 2004 N 861);
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SZ RF. 2004. N 52 (part 2). Art. 5525.

SZ RF. 2002. N 20. Art. 1870.

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

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

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

- title documents for the land;

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

— a topographic map of the site on a scale of 1:500 (with all ground and underground utilities and facilities) agreed with the operating organizations;

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

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

After the customer fulfills the conditions for connecting the capital construction object to the engineering and technical support networks, the contractor issues a permit for the customer to connect the specified object to the engineering and technical support networks. After the implementation of the accession, the contractor and the customer sign an act of accession.

Prior to the supply of resources (provision of relevant services), the customer must obtain permission to commission capital construction facilities, conclude agreements on the supply of relevant types of resources (on the provision of relevant services), which are obtained as a result of connecting the capital construction facility to engineering and technical support networks .

A person carrying out unauthorized technological connection of a capital construction object to engineering and technical support networks shall be liable in accordance with the legislation of the Russian Federation.

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

It should be noted that prior to the entry into force of technical regulations, project documentation must be developed in accordance with the requirements of legislation, regulatory technical documents in the part that does not contradict the Federal Law of December 27, 2002 N 184-FZ "On technical regulation"and the GK RF.

The form of the town-planning plan of the land plot, on the basis of which the project documentation is being developed, is established by Decree of the Government of the Russian Federation of December 29, 2005 N 840. Prior to the establishment of such a form by the Government of the Russian Federation, project documentation should have been developed on the basis of an architectural and planning assignment issued in accordance with the Federal Law of November 17, 1995 N 169-FZ “On Architectural Activities in the Russian Federation” (as amended on August 22, 2004 d.), (clause 1, part 1, article 4 of the Federal Law of December 29, 2004 N 191-FZ “On the Enactment of the Town Planning Code of the Russian Federation”).
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SZ RF. 2006. N 2. Art. 205.

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

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

The town-planning plan of the land plot is mandatory prepared in the event of the preparation of a land surveying project () or may be issued at the request of an individual or legal entity. At the request of an individual or legal entity, a town-planning plan is prepared by the local government within 30 days from the date of receipt of the said application. The local government provides the applicant with a town-planning plan of the land plot free of charge ().

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

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

The federal law "On Amendments to the Town Planning Code of the Russian Federation" provides for the possibility for developers (customers) to prepare project documentation for individual stages of construction and reconstruction. At the same time, it is emphasized that this is the right of the developer (customer) (subparagraph “d”, paragraph 18, article 1).

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

Currently, these issues are not fully resolved by the Government of the Russian Federation. Decree of the Government of the Russian Federation of February 16, 2008 N 87 approved the Regulations on the composition of sections of project documentation and the requirements for their content. When preparing project documentation, one should also be guided by departmental regulatory legal acts, construction and sanitary norms and regulations, as well as state standards. Especially among such documents, it should be noted SNiP 11-01-95 "Instruction on the procedure for the development, approval, approval and composition of design documentation for the construction of enterprises, buildings and structures" (adopted by the Decree of the Ministry of Construction of Russia of June 30, 1995 N 18-64 and canceled Decree of the Gosstroy of Russia dated February 17, 2003 N 18). Despite the fact that these SNiPs were canceled, according to the letter of the Gosstroy of Russia dated March 20, 2003 N SK-1692 / 3, until the approval of federal construction regulations governing the implementation of pre-design and design work, it is possible to use in the practice of real design the previously existing SNiP 11-01-95 and SNiP 11-101-95 "The procedure for the development, approval, approval and composition of justifications for investments in the construction of enterprises, buildings and structures" (adopted by the Decree of the Ministry of Construction of Russia dated June 30, 1995 N 18-63 and canceled by the Decree of the Gosstroy of Russia dated July 12, 2002 N 86). In fact, these SNiPs remain the only document containing general requirements for project documentation. However, it should be remembered that they can only be applied in the part that does not contradict the Civil Code of the Russian Federation, the Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”, other federal laws and decrees of the Government of the Russian Federation.
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For example, the Rules for the Arrangement and Safe Operation of Process Pipelines (approved by the Decree of the Gosgortekhnadzor of Russia dated June 10, 2003 N 80), the Industrial Safety Rules for explosive production facilities for the storage, processing and use of plant raw materials (approved by the Decree of the Gosgortekhnadzor of Russia dated June 10, 2003 . N 85), Instructions on the composition, procedure for development, coordination and approval design and estimate documentation for the overhaul of residential buildings (approved by Decree of the Gosstroy of Russia of December 17, 1999 N 79), SNiP 11-03-2001 "Typical design documentation" (adopted by Decree of the Gosstroy of Russia of November 29, 2001 N 122), SNiP 2.01. 15-90 “Engineering protection of territories, buildings and structures from dangerous geological processes. Basic design provisions "(approved by the Decree of the Gosstroy of the USSR of December 29, 1990 N 118), SNiP 31-03-2001" Industrial buildings "(adopted by the Decree of the Gosstroy of Russia of March 19, 2001 N 20), SNiP 21-01- 97 "Fire safety of buildings and structures" (approved by the Decree of the Ministry of Construction of Russia of February 13, 1997 N 18-7; as amended of June 3, 1999, June 19, 2000), Code of Rules for the Design and Construction of SP 11 -111-99 "Development, coordination, approval, composition of design and planning documentation for the development of territories of low-rise housing construction" (approved by the Decree of the Gosstroy of Russia of December 30, 1999 N 94), Sanitary and epidemiological rules and regulations SanPiN 2.1.2.1002- 00 "Sanitary and epidemiological requirements for residential buildings and premises" (approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000), establishing sanitary requirements that should be observed in the design, reconstruction, construction, as well as maintenance vatable residential buildings and premises, SanPiN 2.2.3.1384-03 "Hygienic requirements for the organization construction industry and construction works”(approved by the Chief State Sanitary Doctor of the Russian Federation on June 11, 2003), Sanitary Rules and Norms “Zones of Sanitary Protection of Water Supply Sources and Drinking Water Pipelines. SanPiN 2.1.4.1110-02 "(approved by the Chief State Sanitary Doctor of the Russian Federation on February 26, 2002), SanPiN 2.1.6.1032-01 "Hygienic requirements for ensuring the quality of atmospheric air in populated areas" (approved by the Chief State Sanitary Doctor of the Russian Federation on May 17, 2001 d.), SanPiN 2.2.4 / 2.1.8.055-96 "Electromagnetic radiation of the radio frequency range (EMF RF)", Sanitary and epidemiological rules and regulations "Hygienic requirements for the placement and operation of transmitting radio facilities. SanPiN 2.1.8 / 2.2.4.1383-03 "(introduced by the Decree of the Chief State Sanitary Doctor of the Russian Federation of June 9, 2003 N 135 from June 30, 2003), SN 2.2.4 / 2.1.8.562-96" Noise in the workplace , in residential premises, public buildings and on the territory of residential development”, SN 2.2.4/2.1.8.566-96 “Industrial vibration, vibration in the premises of residential and public buildings”, SN 2.2.4/2.1.8.583-96 “Infrasound at workplaces, in residential premises, public buildings and residential areas”, SN 2605-82 “Sanitary norms and rules for providing insolation to residential and public buildings and residential areas”, SanPiN 4723-88 “Sanitary rules for the design and operation of a centralized hot water supply system”, SN 2971-84 "Sanitary norms and rules for protecting the population from the effects of an electric field created by overhead power lines of alternating current of industrial frequency", List of materials and structures approved for use in construction by the Ministry of Health of the USSR N 3859-85, GN 2.1.6.1338-03 "Maximum permissible concentrations (MPC) of pollutants in the atmospheric air of populated areas” (approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation dated May 30, 2003 No. N 114), GN 2.6.1.758-99 “Radiation safety standards (NRB-99)”, GOST 30494-96 “Residential and public buildings. Indoor microclimate parameters”, SNiP 2.07.01-89* “Urban planning. Planning and development of urban and rural settlements”, SNiP 2.08.01-89* “Residential buildings”, SNiP 2.04.05-91 “Heating, ventilation, air conditioning”, SNiP 2.04.01-85* “ Internal plumbing and sewerage of buildings”, SNiP 23-05-95 “Natural and artificial lighting”, SNiP 23-01-99 “Construction climatology” (enacted by the Decree of the Gosstroy of Russia dated June 11, 1999 N 45), SNiP 2.06.01- 86 “Hydraulic structures. Basic Design Provisions" (approved by Decree of the USSR Gosstroy of May 28, 1986 N 71), SNiP 3.04.03-85 "Protection of building structures and structures from corrosion", SN 517-80 "Instructions for the design and construction of avalanche protective structures" and etc.

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

Bulletin of the Ministry of Justice of the Russian Federation. 2004. No. 6.

Rationing in construction and housing and communal services. 2002. No. 4.

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

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

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

An explanatory note with the initial data for architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, including the results of engineering surveys, technical specifications, should include: the basis for the development of the project, the initial data for the design, a brief description of the object, data about the design capacity of the facility (capacity, throughput), nomenclature, quality, competitiveness, technical level products, raw material base, demand for fuel, water, thermal and electric energy, integrated use of raw materials, production waste, secondary energy resources; information about the socio-economic and environmental conditions of the construction area; key figures for master plan, engineering networks and communications, measures for the engineering protection of the territory; general information characterizing the conditions and labor protection of those working in the design of production facilities, sanitary and epidemiological measures, the main solutions that ensure labor safety and living conditions for people with limited mobility; information about the inventions used in the project; technical and economic indicators obtained as a result of the development of the project, their comparison with the indicators of the approved (approved) justification of investments in the construction of the facility (if any) and the established design assignment, conclusions and proposals for the implementation of the project; information about the approvals design solutions; confirmation of compliance with the developed project documentation government regulations, rules, standards, initial data, as well as technical conditions and requirements issued by authorities state supervision(control) and interested organizations when agreeing on the location of the facility, etc.

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

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

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

Rationing in construction and housing and communal services. 2004. No. 3.

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

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

SZ RF. 1999. N 18. Art. 2222.

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

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

Collections of State elemental estimated norms for civil works(GESN-2001) approved by the Decree of the Gosstroy of Russia dated October 11, 2000 N 102.
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Rationing in construction and housing and communal services. 2000. No. 5.

As noted above, the section "Estimates for the construction, reconstruction, overhaul of the facility" is developed only as part of the design documentation for facilities financed from the relevant budgets.

The section of the project documentation "List of civil defense measures, measures to prevent natural and man-made emergencies" must be carried out in accordance with the rules and regulations in the field of civil defense, protection of the population and territories from natural and man-made emergencies. Thus, the Order of the Ministry of Emergency Situations of the Russian Federation of February 28, 2003 N 105 approved the Requirements for the Prevention of Emergency Situations at Potentially Dangerous and Life Support Facilities.
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RG. No. 71. 2003. 12 April.

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

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

Building Engineering Bulletin. 2000. No. 1.

The list of civil defense measures, measures to prevent natural and man-made emergencies in the preparation of project documentation should be developed in accordance with the requirements of SNiP 2.01.51-90 "Engineering and technical measures of civil defense" and the Code of Rules "Procedure for accounting for civil defense and measures to prevent emergency situations when drawing up a petition for the intention to invest in construction and justification of investments in the construction of enterprises, buildings and structures ”(SP 11-113-2002), approved. Order of the Ministry of Emergency Situations of the Russian Federation of July 23, 2002 N 357.
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Rationing, standardization and certification in construction. 2002. No. 6.

In addition, the Civil Code of the Russian Federation stipulates that project documentation must contain other documentation in cases provided for by federal laws. Thus, according to the Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection", projects for the deployment of nuclear installations, including nuclear power plants, must contain solutions that ensure their safe decommissioning. In accordance with Art. 10 of the Federal Law of July 21, 1997 N 117-FZ "On the Safety of Hydraulic Structures" at the stages of design, construction, commissioning of a hydraulic structure, a declaration of the safety of a hydraulic structure is drawn up, the content and procedure for the development of which are established by the Government of the Russian Federation. Article 14 of the Federal Law of July 21, 1997 N 116-FZ "On the Industrial Safety of Hazardous Production Facilities" provides that as part of the design documentation for the construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility, an industrial safety declaration should be developed , which involves: a comprehensive assessment of the risk of an accident and the threat associated with it; analysis of the sufficiency of the measures taken to prevent accidents, to ensure the readiness of the organization to operate a hazardous production facility in accordance with the requirements of industrial safety, as well as to localize and eliminate the consequences of an accident at a hazardous production facility; development of measures aimed at reducing the scale of the consequences of an accident and the amount of damage caused in the event of an accident at a hazardous production facility. The procedure for issuing an industrial safety declaration and the list of information contained in it are approved by the Decree of the Gosgortekhnadzor of Russia dated September 7, 1999 N 66 (as amended on October 27, 2000). In accordance with Decree of the Government of the Russian Federation of May 11, 1999 N 526 "On approval of the Rules for submitting an industrial safety declaration for hazardous production facilities" (as amended on February 1, 2005 N 49) Federal Service for environmental, technological and nuclear supervision, the right was granted to establish the obligation to declare industrial safety for those hazardous production facilities for which it is not provided for by the Federal Law "On Industrial Safety of Hazardous Production Facilities". According to Art. 36 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" in case of location of objects of cultural heritage on the territory subject to economic development, sections on the provision of preservation of cultural heritage sites.
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SZ RF. 1997. N 30. Art. 3589.

SZ RF. 1997. N 30. Art. 3588.

RG. 1999. Nov 25; Bulletin of normative acts of the federal organs of executive power. 2000. No. 50.

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

SZ RF. 2002. N 26. Art. 2519.

With regard to the composition of sections of project documentation and their content regarding certain types of capital construction objects, prior to their approval by the Government of the Russian Federation, one should also be guided by departmental regulations, such as the Regulations on the procedure for the development, approval, examination and approval of pre-project, design documentation for capital construction objects, reconstruction and overhaul in the system of the Ministry of Taxes of the Russian Federation (approved by Order of the Ministry of Taxes of the Russian Federation of June 6, 2002 N BG-3-17 / 285), Order of the Ministry of Railways of the Russian Federation and the Ministry of Transport of the Russian Federation of January 20, 1999 N 1 / TsZ / 4 "On Order of Design and Construction of Railways in Sea and River Ports”, Order of Gosatomnadzor of Russia dated August 26, 1994 N 102 “On Approval of the Basic Provisions for the Preparation, Consideration and Decision-Making on Changes in Design, Engineering, Technological and Operational Documentation Affecting the Provision of Nuclear and Radiation Safety, etc. The specified regulatory legal acts may be applied only in the part that does not contradict the Civil Code of the Russian Federation.
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RV. 1994. 13 Oct.

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

15. Federal Law No. 210-FZ of December 31, 2005 “On Amendments to the Town Planning Code of the Russian Federation” clarifies that when, in the cases provided for by the Civil Code of the Russian Federation, project documentation is subject to state examination before its approval, then the project documentation is approved by the developer or by the customer only if there is a positive conclusion of the state examination of the project documentation (see.

Urban Planning Code of the Russian Federation 2020, 2019

• checked today
• revision dated 12/28/2019
• entered into force on 30.12.2004

The code has new edition effective December 1, 2020.
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The Town Planning Code of the Russian Federation - includes norms and rules governing issues of urban planning, territorial planning, architectural and construction design, as well as overhaul and reconstruction of capital construction facilities. The new Urban Planning Code, adopted to replace the outdated code of 1998, defines the basic principles of legislation in the field of urban planning, the preservation of cultural heritage sites and the creation of favorable living conditions.

The Code establishes liability for violation urban planning legislation and its features are determined for cities of federal significance: Moscow and St. Petersburg. The Town Planning Code of the Russian Federation ensures the sustainable development of territories through territorial planning, taking into account economic, social and environmental factors. The Urban Planning Code provides conditions for compliance with all engineering and technical requirements, safety requirements, civil defense requirements and the prevention of technical and natural emergencies.

The Town Planning Code establishes the rules for compensation for damage caused as a result of violations of the law by both individuals and legal entities. To the new town planning code an article was introduced on self-regulation of engineering surveys, construction, architectural and construction design, reconstruction and overhaul.

Recent changes in the Town Planning Code of the Russian Federation

• Code Changes,
• Code changes,
• Code changes,
• Code changes,
• Code changes,

• Chapter 1. General Provisions

• Chapter 2

• Chapter 3. Territorial planning

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

• Chapter 4. Urban zoning

• Chapter 3.1. Urban design standards

• Chapter 5

• Chapter 6. Architectural and construction design, construction, reconstruction of capital construction projects

  • Article 49 economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, within the boundaries of specially protected natural areas, within the boundaries of the Baikal natural territory

• Regulating town-planning and separate related relations on the territory of the Russian Federation.

  Encyclopedic YouTube

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  ✪ How to get a building permit for a IZHS - Part 1 Why do I need a permit? 5 STEPS!

  ✪ How to get a building permit for IZHS - Part 2 What is IZHS? Get permission step by step.

  ✪ #3 Changes in the town planning code. Pricing reform 2017

  Subtitles

  friends Let's discuss Why do we need permission? You google the permission separately and see what is what for whom We will shoot a separate video for this, which will be sad in which I will talk for a long time about the code as an article and so on Let's talk about the problem now at home. And now, all of a sudden, everyone needed it. Let's go into the details a little To understand what the problem is ... Since March 2016, changes have been made to the land code, after which the Cadastral fee, well, now, together with the registration fee for simplified registration, call it "Country amnesty" for an individual a residential building began to require a building permit, hello, now you definitely need a permit Organizations that are ready to help you get a building permit for a small and sometimes a large amount of money In our videos, I would like to tell you that obtaining a permit is simply fast and not expensive point by point, all the documents that you need to receive, what you need to check in them and where and how you need to submit them If you have a question Start construction and installation work or get permission first? Definitely - get a building permit As soon as you cross this line, you will complicate your path at times You become a violator You will need to carry money to different organizations, do not create problems for yourself Obtaining a permit is not difficult, you do not need to start work before permission Let's answer the question When You do not need a building permit. All this is determined by the Town Planning Code of the Russian Federation. You should not rely on the opinion of a 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 architecture and other bodies are regulated by the Town Planning Code of the Russian Federation. study the document yourself and determine for yourself whether you need permission or not. Let's talk with you some points of the urban planning code Article 51, clause 17 Issuance of building permits is not required in the case Written for ordinary people =) to an individual for purposes not related to the implementation of entrepreneurial activities or construction on a land plot provided for gardening, dacha economy I think the question will not be here If you are building a garage - you do not need a permit If you are building a country house - you do not need a permit If you are building an individual residential house on a garden plot, you need permission You need to understand this , sheds, and others... You can build a shawarma house just like that. Changing capital construction objects and or their parts ... ... ... Blah blah blah A lot of things are said there The main thing is that if you reconstruct your house and make it from one - two With an increased area building permit required

  The subject of legal regulation of the Town Planning Code of the Russian Federation

  The subject of legal regulation is determined by Art. 4 GRK RF.

  1. Urban planning relations - relations associated with urban planning activities, that is, with activities for the development of territories, including cities and other settlements, carried out in the form of: - territorial planning, - urban planning, zoning, - territory planning, - architectural and construction design, including engineering surveys, - construction of reconstruction of capital construction objects, - capital repairs, during which the design and other characteristics of the reliability and safety of capital construction objects are affected, - operation of buildings, structures (this type is included in the concept of urban planning activities from 01.01. 2013); 2. Relations related to: - taking measures to ensure the safety of construction, - preventing natural and man-made emergencies, - eliminating their consequences - in the course of urban planning activities, if such relations are not regulated by special laws; 3. The relations directly indicated in the Civil Code of the Russian Federation related to: - acquisition of SRO status, - termination of SRO status, - determination legal status SRO, - implementation of SRO activities, - establishment of the procedure for SRO control over the activities of its members, - SRO application of disciplinary measures to its members, - procedure for implementation state control(supervision) over the activities of SROs; 4. Relations associated with the creation of artificial land. 5. Relationships associated with the collection and processing of information necessary to determine the estimated cost of construction.

  Previous laws

  Part 1 Art. 9 of the Civil Code of the Russian Federation provides for the following territorial planning documents:

  • RF;
  • Schemes of territorial planning of subjects of the Russian Federation;
  • Territorial planning schemes for municipalities:
    • Territorial planning schemes for municipal districts,
    • General plans for urban and rural settlements,
    • General plans of city districts.

  On September 1, 2011 Art. 57.1 of the Civil Code of the Russian Federation, providing for the creation Federal state information system of territorial planning, which is defined as an information and analytical system that provides access to information contained in public information resources, state and municipal information systems, including in information systems for ensuring 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 - federal cities of Moscow and St. territorial zones, urban planning regulations, the procedure for applying such a document and the procedure for amending it (clause 8, article 1 of the Civil Code of the Russian Federation).

  Territorial zones - zones for which the boundaries are defined in the rules of land use and development and urban planning regulations are established (clause 7, article 1 of the Civil Code of the Russian Federation).

  Urban planning regulations - types of permitted use of land plots established within the boundaries of the relevant territorial zone, as well as everything that is above and below the surface of land plots and is used in the process of their development and subsequent operation of capital construction facilities, limit (minimum and (or) maximum) the size of land plots and the limiting parameters of permitted construction, reconstruction of capital construction facilities, as well as restrictions on the use of land plots and capital construction facilities (clause 9, article 1 of the Civil Code of the Russian Federation).

  Territory planning

  The preparation of documentation for the planning of the territory is carried out in relation to built-up or to be built territories(Clause 1, Article 41 of the Civil Code of the Russian Federation).

  The preparation of the project layout territory is carried out to highlight the elements of the planning structure (quarters, microdistricts, other elements), to establish the parameters of the planned development planning structure elements(Clause 1, Article 42 of the Civil Code of the Russian Federation).

  Preparation of projects surveying territories is carried out in relation to built-up and to be built territories located within the boundaries of the elements of the planning structure established by the planning projects of the territories (clause 1 of article 43 of the Civil Code of the Russian Federation).

  Preparation of town-planning plans land plots is carried out in relation to built-up or intended for construction, reconstruction of capital construction projects land plots (Clause 1, Article 44 of the Civil Code of the Russian Federation).

  Legislation of the Russian Federation

  Collection of the main federal laws of the Russian Federation

  ☰

  Town Planning Code of the Russian Federation of December 29, 2004 N 190-FZ (as amended on December 27, 2019)

  URBAN PLANNING CODE OF THE RUSSIAN FEDERATION

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

  Chapter 1. General Provisions

  Chapter 2

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

  Chapter 3. Territorial planning

  Chapter 3.1. Urban design standards

  Chapter 4. Urban zoning

  Chapter 5

  Chapter 5.1. Types of activities for the integrated and sustainable development of the territory and the procedure for their implementation

  Chapter 6. Architectural and construction design, construction, reconstruction of capital construction projects

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

  Chapter 6.2. Operation of buildings, structures

  Chapter 6.3. Development of territories for the purpose of construction and operation of rented houses

  Chapter 6.4. Demolition of capital construction projects

  Chapter 7

  Chapter 9

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

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