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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 29, 2004 No. 191-FZ

About enforcement of the Town-planning code of the Russian Federation

(as amended on 14-07-2022)

Accepted by the State Duma of the Russian Federation on December 22, 2004

Approved by Council of the Russian Federation on December 24, 2004

Article 1

Enact the Town-planning code of the Russian Federation from the date of its official publication.

Article 2

Determine that the town-planning documentation approved before enforcement of the Town-planning code of the Russian Federation, including master plans of residential and rural locations, master plans of the federal cities of Moscow and St. Petersburg, and also rules of land use and building of residential and rural locations, other municipalities (town-planning charters of residential and rural locations, other municipalities) accepted before enforcement of the Town-planning code of the Russian Federation are effective in the part which is not contradicting the Town-planning code of the Russian Federation.

Article 3

1. Part 4 Articles 9, part 6 of Article 45, part 3 of article 51 of the Town-planning code of the Russian Federation become effective since December 31, 2012.

1.1. Parts 1 - 5, 7 - 11 articles 49 of the Town-planning code of the Russian Federation become effective since January 1, 2006.

1.2. Provisions of part 4 of article 9 of the Town-planning code of the Russian Federation are not applied to relevant decisions for the purpose of placement of objects of local value of settlements in the territories of residential locations till March 31, 2013, in the territories of rural settlements till December 31, 2013.

1.3. Provisions of part 6 of article 45 of the Town-planning code of the Russian Federation are not applied to preparation of documentation on the layout of the territory in the cases which are not providing placement of objects of federal importance, objects of regional value, objects of local value of municipal districts in relation to the territories of residential locations till March 31, 2013, to the territories of rural settlements till December 31, 2013.

1.4. Provisions of part 3 of article 51 of the Town-planning code of the Russian Federation are not applied to issue of construction permits of capital construction projects in the mezhselenny territories of municipal districts till June 31, 2013, to issue of construction permits of capital construction projects in the territories of residential locations and city districts till December 31, 2013, in the territories of rural settlements till June 1, 2014.

2. Chapter 7 of the Town-planning code of the Russian Federation becomes effective since July 1, 2006.

3. Part 6 of Article 49, part 7 of article 54 of the Town-planning code of the Russian Federation become effective since January 1, 2007.

4. Voided

Article 3.1

Voided

Article 3.2

1. Till January 1, 2010 implementation of business activity on accomplishment of engineering researches, on implementation of architectural and construction designing, construction, reconstruction, major repair of capital construction projects is allowed at the choice of the contractor of the corresponding work types on the basis:

2), the established Town-planning code of the Russian Federation, the certificate on the admission issued by self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects according to the procedure to certain type or work types on engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair of capital construction projects which exert impact on safety of capital construction projects.

3. Since January 1, 2010 it is terminated licenses (including licenses which validity is extended) on implementation of the following types of activity:

1) structural engineering, except for constructions of seasonal or auxiliary assignment;

2) construction of buildings and constructions, except for constructions of seasonal or auxiliary assignment;

3) engineering researches for construction of buildings and constructions, except for constructions of seasonal or auxiliary assignment.

4. The self-regulatory organization in the field of engineering researches, architectural and construction designing or construction, reconstruction, major repair of capital construction projects returns to the individual entrepreneur or the legal entity who stopped membership in such self-regulatory organization, the fees paid by them in compensation fund of self-regulatory organization in case of observance of the following conditions:

1) the specified individual entrepreneur or the specified legal entity receives the certificate on the admission to certain type or work types on engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair of capital construction projects which exert impact on safety of capital construction projects and till August 1, 2010 are excluded from the list of work types established by authorized federal executive body on engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair of capital construction projects which exert impact on safety of capital construction projects;

2) the specified individual entrepreneur or the specified legal entity has no certificate on the admission to other work types which exert impact on safety of capital construction projects, except for to stipulated in Item 1 this part of work types;

3) membership of the specified individual entrepreneur or the specified legal entity in such self-regulatory organization is stopped according to Item 1 of part 1 or Item 5 of part 2 of article 55.7 of the Town-planning code of the Russian Federation not earlier than in two months and not later than in six months from the date of exception of stipulated in Item 1 this part of work types of the list of work types established by authorized federal executive body on engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair of capital construction projects which exert impact on safety of capital construction projects.

5. The self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair of capital construction projects returns the fee to the individual entrepreneur or the legal entity specified in part 4 of this Article paid by them to compensation fund of self-regulatory organization within ten days from the date of the termination of membership of specified persons in such self-regulatory organization. From the date of return to such person of the fee paid to them to compensation fund of self-regulatory organization, the self-regulatory organization cannot be brought to subsidiary responsibility, stipulated in Article 60 Town-planning codes of the Russian Federation, concerning such person.

Article 3.3

1. Since July 1, 2017 implementation of business activity on accomplishment of engineering researches, on implementation of architectural and construction designing, construction, reconstruction, major repair of capital construction projects based on the certificate on the admission granted by self-regulatory organization is not allowed to certain type or work types on engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair of capital construction projects which exert impact on safety of capital construction projects.

1.1. Till July 1, 2017 individual entrepreneurs and legal entities in the absence of the certificate on the admission granted by self-regulatory organization to certain type or work types on engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair of capital construction projects which exert impact on safety of capital construction projects have the right to carry out:

1) works on the agreements on accomplishment of engineering researches signed with person which is not the builder, the technical customer, person who received according to the Land code of the Russian Federation permission to use of lands or the parcel of land which is in the state-owned or municipal property for accomplishment of engineering researches;

2) works on the agreements on preparation of the project documentation signed with person which is not the builder, the technical customer, person responsible for operation of the building, construction, the regional operator;

3) works on the agreements on construction, reconstruction, major repair of capital construction projects signed with person which is not the builder, the technical customer, person responsible for operation of the building, construction, the regional operator.

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