Changes in the Civil Code of the Russian Federation from July 1, 2021
In accordance with the Federal Law of July 3, 2021 No. 373-FZ, Article 44 of the Civil Code of the Russian Federation, Urban planning plans for land plots, has become invalid since July 1, 2021. Now issues related to the form and procedure for filling out the GPZU are regulated by Article 57.3. Urban planning plan for a land plot, Chapter 7 of the Civil Code of the Russian Federation “Information support for urban planning activities.” The question arises: can the information specified in the issued GPZU be used after the new norm of the law comes into force? Yes, for the preparation of design documentation in relation to capital construction projects or parts thereof, being built or reconstructed within the boundaries of such a land plot, as well as issuing construction permits, this information can be used. The period of use of a previously issued GPZU cannot be less than three years and more than eight years from the date of entry into force of Federal Law No. 373-FZ of July 3, 2021. The period for using the GPZU is established by a regulatory legal act of the highest executive body of state power of a constituent entity of the Russian Federation; after its expiration, the use of information specified in this urban planning plan of the land plot is not allowed. The exception is cases when, after the issuance of the GPZU, changes were made to the urban planning regulations of the corresponding territorial zone.
In accordance with current legislation, the validity period of the GPZU from July 1, 2021 is 3 years from the date of its issue.
order Construction of Russia dated 09/02/2021 No. 635/pr “On introducing changes to the form of the urban planning plan of a land plot and the procedure for filling it out, approved by the order of the Ministry of Construction of Russia dated 04/25/2017 No. 741/pr ” was published on the online portal of legal information.
Photo: www.karachanreka.ru
Previously, the ERZ.RF portal published detailed information about the draft of this order.
Let us recall that 276-FZ dated 07/01/2021 introduced amendments to the Town Planning Code of the Russian Federation (GrK RF), introducing Art. 52.1 and art. 52.2 and the corrective provisions of Art. 57.3 regarding the reflection of information in the urban planning plan of a land plot (GPZU) on the possibility of connecting (technological connection) capital construction projects to engineering and technical support networks.
The order of the Ministry of Construction amends the order of this department dated April 25, 2017 No. 741/pr in order to bring it into compliance with the requirements of the amended Civil Code of the Russian Federation.
In particular, it is proposed that section 9 will be called “Information on the possibility of connecting (technological connection) of capital construction projects (CCS) to engineering and technical support networks (except for power supply networks), determined taking into account programs for the integrated development of communal infrastructure systems of a settlement, municipal district , urban district (if any), which includes information about the maximum load at possible points of connection (technological connection) to such networks, as well as information about the organization that provided this information.”
Photo: www.riakursk.ru
In addition, new requirements for filling out this section are established. According to clause 15, part 3, art. 57.3 of the Civil Code of the Russian Federation, information will be indicated here on the possibility of technological connection of capital construction facilities (CCS) to engineering support networks (except for power supply networks), determined taking into account programs for the integrated development of communal infrastructure systems of a settlement, municipal district, urban district (if their available), which includes:
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information about the organization that provided information on the possibility of connecting (technological connection) to a capital construction facility (with the exception of power supply networks);
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information about the maximum load at possible connection points (technological connection) to engineering networks (with the exception of power supply networks).
Photo: www.omskrielt.com
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What changes have been made to the GPZU form?
GPZU and building permit. Procedure for preparation and issuance
In accordance with clause 1, part 6, article 48 of the Civil Code of the Russian Federation, the GPZU is one of the initial data for design. To undergo the examination of design documentation and subsequently to obtain a construction permit, it is mandatory to obtain an urban planning plan for the land plot. In particular, information (details of the approved and duly registered urban development plan for the land plot provided for the placement of a capital construction project) is indicated in the “Explanatory Note” section of the project documentation. The specified documents are attached to the Explanatory Note in full. That is, failure to submit the GPZU for examination of project documentation is grounds for refusal to accept documents.
After receiving a building permit, it is highly undesirable to change the urban plan until the capital construction project is put into operation, since the object must comply with the urban plan. In accordance with Part 13 of Article 51 of the Civil Code of the Russian Federation, non-compliance of the project with the requirements of the plan is grounds for refusal to issue a construction permit. That is, if, for example, the boundaries of a site change, it will be necessary to obtain a new urban planning plan, the requirements of which will have to be taken into account in order to obtain a new building permit. The division of the land plot also entails obtaining a new GPZU and a new building permit.
When applying for the issuance of a GPZU, it is advisable to indicate for what purposes the requested document is needed. Judicial practice has shown that an “empty” GPZU, in which, for example, there is no shading indicating the permissible location of a capital construction project and their purpose, are grounds for refusing to issue a construction permit.
In accordance with the new legislation, if the application for a GPZU does not indicate the purpose of using the land, the organization operating the utility networks determines the maximum load at possible points of connection to the utility networks based on the information contained in the land use rules and developments. The corresponding request to this organization is sent by local government authorities within seven days from the date of receipt of the application for the issuance of the GPZU by the applicant.
From July 1, 2021, new conditions for registration of GPZU will be introduced. In order to obtain an urban development plan for a land plot, its copyright holder (individual or legal entity) must contact the local government body at the location of this plot with an application. You can submit an application through the multifunctional center (MFC). In Moscow and the Moscow region, government provision is carried out electronically using the Portal of State and Municipal Services. The authority to provide this public service is exercised by the Moscow Architecture Committee.
Within twenty working days after receiving the application, the local government authority prepares and registers the GPZU and issues it to the applicant. The service is provided free of charge.
Documents required to obtain GPZU:
- statement;
- title documents for the land plot and buildings, structures, structures, premises located on the corresponding land plot (if there is no information about registered rights to the object in the Unified State Register of Real Estate).
Obtaining GPZU
GPZU - an urban planning plan for a land plot, a document that is an extract from the top-level urban planning documentation (land use and development rules), fixing the regulations for the use of the territory in the zone of which the land plot in question is located, in which the permitted parameters for the development of the land plot are recorded.
GPZU is issued only for a land plot that is registered in the cadastral register with its own cadastral number.
The urban planning plan for the land plot shall include
- boundaries of the land plot;
- boundaries of public easement areas;
- minimum setbacks from the boundaries of the land plot in order to determine the places of permissible placement of buildings, structures, structures, outside of which the construction of buildings, structures, structures is prohibited;
- information about town planning regulations (if the land plot is subject to town planning regulations);
- information on the permitted use of the land plot, requirements for the purpose, parameters and location of the capital construction project on the specified land plot (in cases where the land plot is not subject to the town planning regulations or the town planning regulations are not established for the land plot);
- information about capital construction projects and cultural heritage sites located within the boundaries of the land plot;
- information on the technical conditions for connecting (technological connection) capital construction projects to engineering and technical support networks (hereinafter referred to as technical conditions);
- boundaries of the zone of planned placement of capital construction projects for state or municipal needs.
Since 2021, the rules of land use and development (LRU) have been approved and are in force in Moscow, and the GLZU is formed taking into account these rules. The PZZ defines urban planning regulations for zones and subzones - establishes a list of types of permitted use, maximum parameters for building density, height, percentage of building and restrictions within zones and subzones.
For existing structures and buildings, the GPZU establishes “actual” parameters and the use of the territory is possible only according to the existing parameters - buildings and structures existing on the territory must remain unchanged, and new construction or reconstruction is not allowed.
GPZU is issued in the format of a public service in accordance with the current Administrative Regulations:
Preparation and issuance of urban planning plans for land plots
The current regulations establish the composition, sequence and timing of administrative procedures and decision-making for the provision of public services.
Submission of an application for the provision of a state license in the city of Moscow is carried out exclusively in electronic form through the official website of the Moscow Mayor (mos.ru).
As a result of the provision of a public service, the Applicant receives either
- Urban development plan of the land plot, or
- A decision to refuse to provide a public service with justification for the reasons for the refusal.
In the case of preparing an urban planning plan for a land plot containing information related to state secrets, the applicant is sent to the “personal account” subsystem of the Portal a notification about the readiness of the urban planning plan for the land plot.
The total period for the provision of public services includes the period of interdepartmental information interaction between government bodies and organizations subordinate to government bodies and cannot exceed 14 working days.
The period for the provision of public services begins to be calculated from the date of registration of the application for the provision of public services in the departmental information system of the Moscow Committee for Architecture and Architecture
Our company’s specialists are ready to assist you in obtaining documents for the government service - “Preparation and issuance of urban planning plans for land plots.”
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