FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 3, 2018 No. 342-FZ

About introduction of amendments to the Town-planning code of the Russian Federation and separate legal acts of the Russian Federation

List of amending documents

Accepted by the State Duma on July 26, 2018

Approved by the Federation Council on July 28, 2018

Article 1

Bring in the Town-planning code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 16; No. 30, Art. 3128; 2006, No. 1, Art. 10, 21; No. 23, Art. 2380; No. 31, Art. 3442; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 21, Art. 2455; No. 31, Art. 4012; No. 45, Art. 5417; No. 46, Art. 5553; No. 50, Art. 6237; 2008, No. 20, Art. 2251, 2260; No. 29, Art. 3418; No. 30, Art. 3604, 3616; 2009, No. 1, Art. 17; No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6419; 2010, No. 31, Art. 4195, 4209; No. 48, Art. 6246; 2011, No. 13, Art. 1688; No. 17, Art. 2310; No. 27, Art. 3880; No. 29, Art. 4281; No. 30, Art. 4563, 4572, 4590, 4591, 4594, 4605; No. 49, Art. 7015, 7042; No. 50, Art. 7343; 2012, No. 26, Art. 3446; No. 31, Art. 4322; No. 47, Art. 6390; No. 53, Art. 7614, 7619, 7643; 2013, No. 9, Art. 873; No. 14, Art. 1651; No. 27, Art. 3480; No. 30, Art. 4080; No. 43, Art. 5452; No. 52, Art. 6961, 6983; 2014, No. 14, Art. 1557; No. 16, Art. 1837; No. 19, Art. 2336; No. 26, Art. 3377, 3387; No. 30, Art. 4218, 4220, 4225; No. 42, Art. 5615; No. 43, Art. 5799, 5804; No. 48, Art. 6640; 2015, No. 1, Art. 9, 11, 52, 72, 86; No. 17, Art. 2477; No. 27, Art. 3967; No. 29, Art. 4342, 4350, 4378; No. 48, Art. 6705; 2016, No. 1, Art. 22, 79; No. 26, Art. 3867; No. 27, Art. 4248, 4294, 4301, 4302, 4303, 4305, 4306; No. 52, Art. 7494; 2017, No. 11, Art. 1540; No. 27, Art. 3932; No. 31, Art. 4740, 4766, 4767, 4771, 4829; 2018, No. 1, Art. 27, 39, 47, 90, 91) following changes:

1) in Article 1:

a) in Item 10 of Article 1 of the word of "temporary constructions, booths, canopies and other similar constructions" shall be replaced with words "non-capital structures, constructions and inseparable improvements of the parcel of land (zamoshcheniye, covering and others)";

b) add with Item 10.2 of the following content:

"10. 2) non-capital structures, constructions - structures, constructions which have no strong communication with the earth and which constructive characteristics allow to perform their movement and (or) dismantle and the subsequent assembly without disproportionate damage to appointment and without change of the main characteristics of structures, constructions (including booths, canopies and other similar structures, constructions);";

2) regarding 1 Article 6:

a) to add item 4 after the word of "maintaining" with the word of "state";

b) to add Item 5.1 after words of "two and more subjects of the Russian Federation" with words "(including the reconstruction of the objects located in the territories of two and more subjects of the Russian Federation performed in the territory of one subject of the Russian Federation)";

c) in Item 5.11 of the word of "reuse" to exclude;

d) in Item 5.12 of the word of "documentation of reuse" to replace with the word "documentation";

e) add with Item 7.18 of the following content:

"7. 18) approval of the qualifier of capital construction projects on their appointment and functional and technological features (for the purposes of architectural and construction designing and maintaining the unified state register of experimental testimonies of the project documentation of capital construction projects);";

Article 7 to add 3) with Item 8 of the following content:

"8) creation and operation of the state information systems of ensuring town-planning activities, including maintaining such information systems in the part concerning implementation of town-planning activities in the territories of two and more municipal districts, city districts.";

4) in Article 8:

a) to state Item 6 of part 2 in the following edition:

"6) maintaining the state information systems of ensuring town-planning activities in the part concerning implementation of town-planning activities in the territories of municipal districts and provision of the data, documents and materials containing in the state information systems of ensuring town-planning activities.";

b) to state Item 6 of part 3 in the following edition:

"6) maintaining the state information systems of ensuring town-planning activities in the part concerning implementation of town-planning activities in the territories of city districts and provision of the data, documents and materials containing in the state information systems of ensuring town-planning activities;";

Shall be replaced with words 5) regarding the 2nd Article 8.3 of the word "according to the procedure, established by the Government of the Russian Federation" "during conducting state examination of the project documentation", to add with the offer of the following content: "When carrying out capital repairs of capital construction projects the specified estimated cost is subject to such check in the cases established by the Government of the Russian Federation.";

Article 9 to add 6) with part 14 of the following content:

"14. Modification of schemes of territorial planning of the Russian Federation, the scheme of territorial planning of two and more subjects of the Russian Federation, the scheme of territorial planning of subjects of the Russian Federation, the scheme of territorial planning of municipal districts in cases of change of location of the existing objects of federal importance, objects of regional value or objects of local value of the municipal district owing to seizure of land on which they were located earlier, for the state or municipal needs in borders of the same municipalities, settlements in which territories the withdrawn parcels of land, changes of location of the objects of federal importance, regional value or local value of the municipal district planned for placement in borders of the same municipalities, settlements are located is not performed, in which territories placement of such objects, and also in case of change of names of the municipality, the settlement, including in connection with their transformation, or in case of change of names of objects of federal importance, regional value or local value of the municipal district was planned if it does not lead to change of their appointment, the main characteristics or locations.";

7) in Item 2 of part 7 of Article 23 of the word "the data containing in" shall be replaced with words "the data, documents, materials containing in state" the words "in the specified information systems, and also in the state fund of materials and these engineering researches" shall be replaced with words "in the state information systems of ensuring town-planning activities";

To add item 4 of part 20 of Article 24 with words "(further - body of registration of the rights)";

9) in Article 31:

a) part 3 after words of "technical regulations" to add with words of "the data of the Single state real estate register, data, documents, materials containing in the state information systems of ensuring town-planning activities";

b) add part 9 with words ", to the data of the Single state real estate register, data, documents and materials containing in the state information systems of ensuring town-planning activities";

10) in Article 33:

a) add part 1 with words ", taking into account the features established by this Article";

b) in part 2:

add with Items 3 - 5 following contents:

"3) discrepancy of data on location of borders of zones with special conditions of use of the territories, territories of the objects of cultural heritage displayed on the card of town-planning zoning, to the description of location of borders of the specified zones, the territories containing in the Single state real estate register;

4) discrepancy of the restrictions of use of the parcels of land and capital construction projects located fully or partially in borders of zones with special conditions of use of the territories, territories of noteworthy places of federal, regional and local importance, to the restrictions of use of real estate objects containing in the Single state real estate register within such zones, the territories set by town-planning regulations;

5) establishment, change, the termination of existence of zone with special conditions of use of the territory, establishment, change of borders of the territory of object of cultural heritage, the territory of the historical settlement of federal importance, the territory of the historical settlement of regional value.";

c) regarding 3.3 words "in the case provided" shall be replaced with words "in the cases provided by Items 3 - 5 parts 2 and", shall be replaced with words the words "it is not required" ", publication of the message on decision making about preparation of the project about modification of rules of land use and building and preparation of the conclusion of the commission provided by part 4 of this Article are not required";

d) add with parts 8 - 10 following contents:

"8. In the cases provided by Items 3 - 5 parts 2 of this Article, executive body of the government or local government body authorized on establishment of zones with special conditions of use of the territories, borders of the territories of objects of cultural heritage, approval of borders of the territories of historical settlements of federal importance, historical settlements of regional value are sent to the head of local administration by the requirement about modification of rules of land use and building regarding display of borders of zones with special conditions of use of the territories, territories of objects of cultural heritage, the territories of historical settlements of federal importance, the territories of historical settlements of regional value, establishment of restrictions of use of the parcels of land and capital construction projects in borders of such zones, the territories.

9. In case of receipt of the requirement provided by part 8 of this Article, receipt from body of registration of the rights of data on establishment, change or the termination of existence of zone with special conditions of use of the territory, about borders of the territory of object of cultural heritage or from the date of identification provided by Items 3 - 5 parts 2 of this Article of the bases for modification of rules of land use and building the head of local administration shall make the decision on preparation of the project on modification of rules of land use and building.

10. The term of modification of the approved rules of land use and building regarding display of borders of zones with special conditions of use of the territories, territories of objects of cultural heritage, the territories of historical settlements of federal importance, the territories of historical settlements of regional value, establishment of restrictions of use of the parcels of land and capital construction projects in borders of such zones, the territories cannot exceed six months from the date of receipt of the requirement provided by part 8 of this Article, receipt from body of registration of the rights of data on establishment, change or the termination of existence of zone with special conditions of use of the territory, about borders of the territory of object of cultural heritage or from the date of identification provided by Items 3 - 5 parts 2 of this Article of the bases for modification of rules of land use and building.";

Part 7 of Article 36 to add 11) with the offer of the following content: "Use of lands or the parcels of land from the structure of lands of forest fund, lands or the parcels of land located in borders of especially protected natural territories is determined respectively by the forestry and landscape regulations, regulations on especially protected natural territory according to the forest legislation, the legislation on especially protected natural territories.";

Part 3 of Article 41 to add 12) with Item 6 of the following content:

"6) placement of the capital construction project which is not linear object and capital construction projects, necessary for ensuring its functioning, in borders of especially protected natural territory or in borders of lands of forest fund is planned.";

13) regarding 3rd Article 41.2 after words "subjects to placement in" to add with the word "state", words "federal state information system of territorial planning, the state fund of materials and these engineering researches," to exclude;

14) in Article 43:

a) add part 5 with items 4 and 5 following contents:

"4) purpose of the woods, type (types) of the permitted use of the wood lot, quantity and quality characteristics of the wood lot, data on finding of the wood lot in borders of especially protective sites of the woods (if preparation of the boundary-setting plan is performed for the purpose of determination of location of borders of the formed and (or) changeable timberland);

5) data on borders of the territory concerning which the project of land surveying, containing list of coordinates of characteristic points of these borders in the system of coordinates used for maintaining the Single state real estate register is approved. Coordinates of characteristic points of borders of the territory concerning which the project of land surveying is approved are determined according to requirements to the accuracy of determination of coordinates of characteristic points of the borders established according to this Code for territorial zones.";

b) add with part 6.1 following of content:

"6.1. By preparation of the boundary-setting plan for the purpose of determination of location of borders of the formed and (or) changeable timberland their location, borders and the area are determined taking into account borders and the area of forest quarters and (or) lesotaksatsionny having manufactured, parts lesotaksatsionny having manufactured.";

c) add part 7 with Item 6 of the following content:

"6) borders of forest areas, forest parks, local forest areas, forest quarters, lesotaksatsionny having manufactured or parts lesotaksatsionny having manufactured.";

15) in Article 45:

a) part 10 after the word "objects)" to add with words ", forestry and landscape regulations, regulations on especially protected natural territory";

b) add part 12.3 with words ", and in case of need transfer of the parcels of land on which placement of linear objects is planned, from structure of lands of forest fund to lands of other categories, including after input of such objects in operation, with the federal executive body performing functions on control and supervision in the field of the forest relations and also on rendering the state services and management of state-owned property in the field of the forest relations", to add with offers of the following content: "Documentation on the layout of the territory prepared in relation to especially protected natural territory before its approval is subject to approval of executive body of the government or local government body under which authority the corresponding especially protected natural territory is. Subject of approval is admissibility of placement of capital construction projects according to requirements of the forest legislation, the legislation on especially protected natural territories in borders of lands of forest fund, especially protected natural territories, and also compliance of the planned placement of the capital construction projects which are not linear objects, to the forestry and landscape regulations, regulations on especially protected natural territory approved in relation to the territory in which borders placement of such objects, or possibility of placement of capital construction projects on condition of transfer of the parcels of land from structure of lands of forest fund, lands of especially protected territories and objects to lands of other categories is planned if such transfer is allowed in accordance with the legislation of the Russian Federation. The term of approval of documentation on the layout of the territory cannot exceed thirty days from the date of its receipt in the public authority or local government body provided by this part.";

c) add with parts 12.10 and 12.11 following contents:

"12:10. Documentation on the layout of the territory providing placement of capital construction project in borders of roadside strip of the highway before its approval is subject to approval of the owner of the highway. Subject of approval of documentation on the layout of the territory are ensuring not deterioration in visibility on the highway and other safety conditions of traffic, preserving possibility of work on content, repair of the highway and the road constructions which are its part, and also on reconstruction of the highway if such reconstruction is provided by the approved documents of territorial planning, documentation on the layout of the territory.

12:11. The procedure for permission of disagreements between public authorities, local government bodies and (or) owners of highways concerning approval of documentation on the layout of the territory is established by the Government of the Russian Federation.";

16) in Article 46.3:

a) state part 20 in the following edition:

"20. The organizer of auction takes the protocol on results of auction in which the following data on the course of carrying out and results of auction are specified:

1) place, date, holding the auction time;

2) details of the decision of local government body on development of the built-up territory;

3) location, the area of the built-up territory on which the decision on development is made;

4) starting price of the right to the conclusion of the agreement (auction subject price);

5) the information about participants of auction (with indication of the name and the location);

6) the last and penultimate offers on the auction subject price with indication of persons who made such offers.";

b) state part 22 in the following edition:

"22. The protocol on results of auction is constituted in electronic form which is signed by the organizer of auction with use of the strengthened qualified digital signature and goes to the winner of auction no later than one working day from the date of holding the auction.";

c) state part 24 in the following edition:

"24. The protocol on results of auction is posted on the official site in Internet network no later than one working day from the date of holding the auction.";

Paragraph one of part 22 of Article 46.7 to state 17) in the following edition:

"22. Results of auction are drawn up by the protocol on results of auction which is constituted in electronic form and is signed by the organizer of auction with use of the strengthened qualified digital signature. No later than one working day from the date of holding the auction the protocol on results of auction goes to the winner of auction and is posted on the official site in Internet network. In the protocol on results of auction are specified:";

18) in Article 47:

a) regarding 4.1 words "to form and in the form of cards (schemes)" shall be replaced with words "and graphical forms";

b) in part 6 of the word "and also structure, form of materials and results of engineering researches, procedure for forming and maintaining the state fund of materials and these engineering researches taking into account requirements of information systems" shall be replaced with words "the structure, form of materials and results of engineering researches, procedure for their representation for placement in the state information systems";

19) in Article 48:

a) regarding 1 word "separate Sections of the project documentation when carrying out capital repairs of capital construction projects according to" shall be replaced with words "the Section of the project documentation "The Estimate on Capital Repairs of Capital Construction Project" when carrying out capital repairs of capital construction project in the cases provided";

b) regarding 2 words "to form and in the form of cards (schemes)" shall be replaced with words "and graphical forms";

c) add with part 3.1 following of content:

"3.1. Provisions of part 3 of this Article are not applied if the estimated cost of construction, reconstruction, capital repairs of object of individual housing construction is subject to check regarding reliability of its determination.";

d) to add Item 1 of part 6 with words "(except as specified in case of which for construction, reconstruction of linear object does not need preparation of documentation on the layout of the territory)";

e) to add part 11 after words of "boundary-setting plan" with words "(except as specified in case of which for construction, reconstruction of linear object does not need preparation of documentation on the layout of the territory)";

e) state part 12 in the following edition:

"12. The structure of the project documentation of capital construction projects taking into account the features provided by part 13 of this Article joins the following Sections:

1) the explanatory note with basic data for architectural and construction designing, construction, reconstruction, capital repairs of capital construction projects, including with connection specifications (technological accession) to networks of engineering facilities, and in case of conducting examination of results of engineering researches before conducting examination of the project documentation with details of positive experimental testimony of results of engineering researches;

2) the scheme of the planning organization of the parcel of land executed according to information specified in the development plan for a land plot, and in case of preparation of the project documentation in relation to linear objects the project of strip of branch executed according to the site planning of the territory (except as specified in case of which for construction, reconstruction of linear object does not need preparation of documentation on the layout of the territory);

3) the Sections containing the architectural, functional and technological, constructive, technical concepts and (or) actions aimed at ensuring compliance:

a) requirements of technical regulations, including requirements of mechanical, fire and other safety, requirements of energy efficiency, requirements of equipment of buildings, structures, constructions metering devices of the used energy resources to buildings, structures and constructions (including to the networks and systems of engineering facilities which are their part), requirements to ensuring access of disabled people to capital construction project (in case of preparation of the project documentation in relation to health care facilities, educations, cultures, rest, sport and to other buildings for social, cultural and household purposes, objects of transport, trade, public catering, subjects to business, administrative, financial, religious assignment, objects of housing stock);

b) sanitary and epidemiologic requirements, requirements in the field of environmental protection, requirements to safe use of atomic energy, requirements of industrial safety, requirements to ensuring reliability and safety of electric utility systems and power generation facilities, requirements of anti-terrorist security of objects;

c) requirements to design processes, construction, installation, adjustment, operation of buildings and constructions;

d) requirements of specifications of connection (technological accession) of capital construction projects to networks of engineering facilities;

4) project of the organization of construction of facilities of capital construction;

5) requirements to ensuring safe operation of capital construction projects;

6) data on normative frequency of performance of works on capital repairs of capital construction project, necessary for ensuring safe operation of such object, and also in case of preparation of the project documentation for construction, reconstruction of the apartment house of the data on amount and structure of the specified works.";

g) regarding 12.2 words "preparation of separate Sections of the project documentation based on task of the builder or the technical customer is performed" shall be replaced with words ", financed with attraction of financial resources of budgets of budget system of the Russian Federation, means of persons specified regarding 1 Article 8.3 of this Code preparation of the estimate on capital repairs of capital construction projects based on the act approved by the builder or the technical customer and containing list of defects of the bases, building constructions, systems of engineering facilities and networks of engineering facilities with indication of quality and quantity characteristics of such defects, and tasks of the builder or the technical customer for designing" to add with the offer of the following content is performed: "The builder has on own initiative the right to provide preparation of other Sections of the project documentation, and also preparation of the project documentation when carrying out capital repairs of capital construction projects in other cases which are not specified in this part.";

h) add with part 12.3 following of content:

"12.3. Data on capital construction project in task of the builder or technical customer for designing and in the project documentation are subject to instruction according to the qualifier of capital construction projects for their appointment and functional and technological features (for the purposes of architectural and construction designing and maintaining the unified state register of experimental testimonies of the project documentation of capital construction projects) approved by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning.";

i) state part 13 in the following edition:

"13. The structure and requirements to contents of Sections of the project documentation submitted for examination of the project documentation and to bodies of the state construction supervision are established by the Government of the Russian Federation and their contents, sources of financing of works and allocation of separate stages of construction, reconstruction according to requirements of this Article and taking into account the following features are differentiated in relation to different types of capital construction projects (including to linear objects), and also depending on purpose of capital construction projects, work types (construction, reconstruction, capital repairs of capital construction projects):

1) preparation of the project documentation is performed in volume of separate Sections in relation to different types of capital construction projects (including to linear objects), and also based on the task of the builder or the technical customer for designing depending on the work content who are carried out in case of reconstruction of capital construction projects (in case of carrying out reconstruction of capital construction project);

2) the project of the organization of construction of facilities of capital construction shall contain the project of the organization of works on demolition of capital construction projects, their parts (in case of need demolition of capital construction projects, their parts for construction, reconstruction of other capital construction projects);

3) the decisions containing in the project documentation and actions shall conform to requirements of the legislation of the Russian Federation about protection of objects of cultural heritage (in case of preparation of the project documentation for work on preserving objects of cultural heritage in case of which constructive and other characteristics of reliability and safety of such objects are mentioned);

4) the project documentation shall include the Section "The Estimate on Construction, Reconstruction, Capital Repairs, Asset Demolition of Capital Construction" (in cases if construction, reconstruction, demolition are financed with attraction of financial resources of budgets of budget system of the Russian Federation, means of the legal entities specified regarding the 2nd Article 8.3 of this Code, capital repairs are financed with attraction of financial resources of budgets of budget system of the Russian Federation, means of persons specified regarding 1 Article 8.3 of this Code);

5) in cases, stipulated in Item 3 articles 14 of the Federal Law of July 21, 1997 No. 116-FZ "About industrial safety of hazardous production facilities", article 10 of the Federal Law of July 21, 1997 No. 117-FZ "About safety of hydraulic engineering constructions", article 30 of the Federal Law of November 21, 1995 No. 170-FZ "About use of atomic energy", Items 2 and 3 of article 36 of the Federal Law of June 25, 2002 No. 73-FZ "About objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation", the project documentation without fail are included documentation, Sections of the project documentation provided by the specified Federal Laws.";

20) in Article 48.2:

a) state the name in the following edition:

"Article 48.2. Cost-efficient project documentation of reuse";

b) state part 1 in the following edition:

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