of December 29, 2004 No. 190-FZ
Accepted by the State Duma of the Russian Federation on December 22, 2004
Approved by Council of the Russian Federation on December 24, 2004
For the purpose of of this Code the following basic concepts are used:
1) town-planning activities - the activities for development of the territories, including the cities and other settlements performed in the form of territorial planning, town-planning zoning, the layout of the territories, architectural and construction designing, construction, major repair, reconstruction, demolition of capital construction projects, upkeep of buildings, constructions, complex development of the territories and their improvement;
2) territorial planning - development planning of the territories, including for establishment of functional zones, determination of the planned placement of objects of federal importance, objects of regional value, objects of local value;
3) sustainable development of the territories - providing when implementing town-planning activities of safety and favorable conditions for life activity of the person, restriction of negative impact of economic and other activity for the environment and ensuring protection and rational use of natural resources for the benefit of these and future generations;
4) zones with special conditions of use of the territories - security, sanitary protection zones, zones of protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation (further - objects of cultural heritage), protective zones of objects of cultural heritage, the water protection zones, inundated areas, floodings, zones of sanitary protection of sources of drinking and economic and household water supply, zone of the protected objects, the aerodrome environs, other zones established in accordance with the legislation of the Russian Federation;
5) functional zones - zones for which documents of territorial planning determine borders and functional purpose;
6) town-planning zoning - zoning of the territories of municipalities for the purpose of determination of territorial zones and establishment of town-planning regulations;
7) territorial zones - zones for which in rules of land use and building borders are determined and are established town-planning regulations;
8) rules of land use and building - the document of town-planning zoning which affirms regulatory legal acts of local government bodies, regulatory legal acts of public authorities of subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol and in which territorial zones, town-planning regulations, procedure for application of such document and procedure for introduction of changes in it are established;
9) town-planning regulations - the types of the permitted use of the parcels of land established within borders of the corresponding territorial zone, it is equal as everything that is over and under surface of the parcels of land and is used in the course of their building and the subsequent operation of capital construction projects, limiting (minimum and (or) maximum) the sizes of the parcels of land and extreme parameters of the permitted construction, reconstruction of capital construction projects, restrictions of use of the parcels of land and capital construction projects, and also in relation to the territories in which borders implementation of activities for complex development of the territory, settlement indicators of minimum tolerance level of security of the corresponding territory with objects utility, transport is provided, social infrastructures and settlement indicators of the most tolerance level of territorial availability of the specified objects to the population;
10) capital construction project - the building, structure, construction, objects which construction is not complete (further - objects of construction in progress), except for non-capital structures, constructions and inseparable improvements of the parcel of land (zamoshcheniye, covering and others);
10. 1) linear objects - power lines, communication lines (including linearly - cable constructions), pipelines, motor-roads, rail lines and other similar constructions;
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 assignment and without change of the main characteristics of structures, constructions (including booths, canopies and other similar structures, constructions);
10. 3) information model of capital construction project (further - information model) - set of the interconnected data, documents and materials about capital construction project, the created accomplishment of engineering researches, implementation of architectural and construction designing, construction, reconstruction, major repair, operation and (or) asset demolition of capital construction, in electronic form at stages;
11) red lines - lines which designate borders of the territories public and are subject to establishment, change or cancellation in documentation on the layout of the territory;
12) the general use territories - the territories which the unrestricted group of people freely uses (including squares, streets, drives, embankments, shores of water common use facilities, squares, boulevards);
13) construction - creation of buildings, structures, constructions (including on site the taken-down capital construction projects);
14) reconstruction of capital construction projects (except for linear objects) - change of parameters of capital construction project, its parts (height, the number of floors, the area, amount), including superstructure, reorganization, expansion of capital construction project, and also replacement and (or) recovery of the bearing building constructions of capital construction project, except for replacements of separate elements of such designs by the similar or other improving indicators of such designs elements and (or) recoveries of the specified elements;
14. 1) reconstruction of linear objects - change of parameters of linear objects or their sites (parts) which involves change of class, category and (or) originally established indicators of functioning of such objects (capacity, load-carrying capacity and others) or in case of which change of borders of strips of branch and (or) conservation zones of such objects is required;
14. 2) major repair of capital construction projects (except for linear objects) - replacement and (or) recovery of building constructions of capital construction projects or elements of such designs, the building constructions except for bearing, replacement and (or) recovery of systems of engineering facilities and networks of engineering facilities of capital construction projects or their elements, and also replacement of separate elements of the bearing building constructions by the similar or other improving indicators of such designs elements and (or) recovery of the specified elements;
14. 3) major repair of linear objects - change of parameters of linear objects or their sites (parts) which does not involve change of class, category and (or) originally established indicators of functioning of such objects and in case of which change of borders of strips of branch and (or) conservation zones of such objects is not required if other is not provided by this Code;
14. 4) asset demolition of capital construction - liquidation of capital construction project by its destruction (except for destructions owing to the natural phenomena or illegal actions of the third parties), dismantling and (or) dismantle of capital construction project, including its parts;
15) engineering researches - studying of environment and factors of technogenic impact for the purpose of rational and safe use of the territories and the parcels of land in their limits, data preparations on reasons for the materials necessary for territorial planning, the layout of the territory and architectural and construction designing;
16) builder - the physical person or legal entity providing on the parcel of land belonging to it or on the parcel of land of other owner (to which when implementing budget investments in capital construction projects of the state-owned (municipal) property public authorities (state bodies), State Atomic Energy Corporation "Rosatom", the State corporation on space activities by state non-budgetary funds or local government bodies transferred Roskosmos, authorities in the cases established by the budget legislation of the Russian Federation based on agreements the powers of the state (municipal) customer or to which according to article 13.3 of the Federal Law of July 29, 2017 No. 218-FZ "About the public company "Fund of Development of the Territories" and about modification of separate legal acts of the Russian Federation" transferred based on agreements the functions of the builder) construction, reconstruction, major repair, demolition of capital construction projects, and also accomplishment of engineering researches, preparation of the project documentation for their construction, reconstruction, major repair. The builder has the right to transfer the functions, stipulated by the legislation about town-planning activities, to the technical customer;
17) self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair, demolition of capital construction projects (further also - self-regulatory organization) - the non-profit organization created in the form of association (union) and based on membership of the individual entrepreneurs and (or) legal entities who are carrying out engineering researches or performing preparation of the project documentation or construction, reconstruction, major repair, demolition of capital construction projects under the contracts on accomplishment of engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair, demolition of capital construction projects signed with the builder, the technical customer, person responsible for operation of the building, construction or with specialized non-profit organization which performs activities aimed at providing carrying out major repair of common property in apartment houses (further - the regional operator);
18) objects of federal importance - capital construction projects, other objects, the territories which are necessary for implementation of powers on the questions carried to maintaining the Russian Federation, public authorities of the Russian Federation by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, decisions of the President of the Russian Federation, decisions of the Government of the Russian Federation and have significant effect on social and economic development of the Russian Federation. Types of the objects of federal importance which are subject to display on schemes of territorial planning of the Russian Federation in the areas specified regarding 1 article 10 of this Code are determined by the Government of the Russian Federation, except for objects of federal importance in the field of defense of the country and safety of the state. Types of objects of federal importance in the field of the defense of the country and safety of the state which are subject to display on schemes of territorial planning of the Russian Federation are determined by the President of the Russian Federation;
19) objects of regional value - capital construction projects, other objects, the territories which are necessary for implementation of powers on the questions carried to maintaining the subject of the Russian Federation, public authorities of the subject of the Russian Federation by the Constitution of the Russian Federation, the Federal constitutional Laws, the Federal Laws, the constitution (charter) of the subject of the Russian Federation, the laws of the subject of the Russian Federation, decisions of the supreme executive body of the subject of the Russian Federation and have significant effect on social and economic development of the subject of the Russian Federation. Types of objects of regional value in the areas specified regarding 3 articles 14 of this Code which are subject to display on the scheme of territorial planning of the subject of the Russian Federation are determined by the law of the subject of the Russian Federation;
20) objects of local value - capital construction projects, other objects, the territories which are necessary for implementation of powers by local government bodies concerning local value and within the delegated state powers according to the Federal Laws, the law of the subject of the Russian Federation, charters of municipalities and have significant effect on social and economic development of municipal districts, settlements, municipal districts, city districts. Types of objects of local value of the municipal district, settlement, municipal district, city district in 23 of this Code specified in Item 1 of part 3 of Article 19 and Item 1 of part 5 of Article the areas which are subject to display on the scheme of territorial planning of the municipal district, the master plan of the settlement, the master plan of the municipal district, the master plan of the city district are determined by the law of the subject of the Russian Federation;
21) the parking (parking space) - specially designated and if necessary the equipped and equipped place which is including part of the motor-road and (or) adjoining the carriageway and (or) the sidewalk, roadside, platform or the bridge or being part of subtrestle or subbridge spaces, the areas and other objects of street road net and intended for the organized parking of vehicles on paid basis or without collection of payment according to the decision of the owner or other owner of the motor-road, the owner of the parcel of land;
22) the technical customer - the legal entity who is authorized by the builder and on behalf of the builder signs agreements on accomplishment of engineering researches, on preparation of the project documentation, on construction, reconstruction, major repair, demolition of capital construction projects, prepares tasks for accomplishment of the specified work types, provides to the persons which are carrying out engineering researches and (or) performing the preparation of the project documentation, construction, reconstruction, major repair, demolition of capital construction projects, materials and documents necessary for accomplishment of the specified work types, approves the project documentation, signs the documents necessary for receipt of permission to input of capital construction project in operation, performs other functions, stipulated by the legislation about town-planning activities (further also - functions of the technical customer). Functions of the technical customer can be performed only by the member according to self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair, demolition of capital construction projects, except as specified, 2.1 Articles provided by part 47, part 4.1 Articles 48, parts 2.1 and 2.2 of Article 52, parts 5 and 6 of Article 55.31 of this Code;
23) programs of complex development of systems of utility infrastructure of the settlement, the municipal district, the city district - the documents establishing lists of actions for designing, construction, reconstruction of systems electro-, gazo-warm, the water supply and water disposal, objects used for processing, utilization, neutralization and burial of municipal solid waste which are provided respectively by documents of perspective development of power industry, the federal program of gasification, the appropriate interregional, regional programs of gasification, schemes of heat supply, schemes of water supply and water disposal, territorial schemes in the field of wastes handling, including with solid utility waste. Programs of complex development of systems of utility infrastructure of the settlement, the municipal district, the city district are developed and affirm local government bodies of the settlement, municipal district, city district based on approved according to the procedure, established by this Code, master plans such settlements, the municipal district, the city district and shall provide the balanced, perspective development of systems of utility infrastructure according to the needs for construction of facilities of capital construction and reliability conforming to the established requirements, energy efficiency of the specified systems, decrease in negative environmental impact and health of the person and improvement of quality of goods delivered for consumers, the rendered services in spheres electro-, gazo-, warm, water supply and water disposal, and also services in processing, utilization, to neutralization and burial of solid utility waste;
24) system of utility infrastructure - complex of the objects which are technologically connected among themselves and engineering constructions intended for supply activity of goods and rendering services in spheres electro-, gazo-warm, water supply and water disposal to drawn-off points (technological accession) to engineering systems electro-, gazo-, warm, water supply and water disposal of capital construction projects, and also the objects used for processing, utilization, neutralization, burial of solid utility waste;
25) transport hubs - the complex of real estate units including the parcel of land or several parcels of land with located on them, over or under them objects of transport infrastructure, and also other objects intended for ensuring safe and comfortable servicing of passengers in places of their changes from one mode of transport on another;
26) standard rates of urban design - set of the settlement indicators established according to this Code for the purpose of providing favorable conditions for life activity of the person and subjects to application by preparation of documents of territorial planning, town-planning zoning, documentation on the layout of the territory;
27) programs of complex development of transport infrastructure of the settlement, the municipal district, the city district - the documents establishing lists of actions for designing, construction, reconstruction of objects of transport infrastructure of local value of the settlement, municipal district, city district which are provided by also state and municipal programs, the strategy of social and economic development of the municipality and the actions plan on strategy implementation of social and economic development of the municipality (in the presence of data of strategy and the plan), investing programs of subjects of natural monopolies in the field of transport. Programs of complex development of transport infrastructure of the settlement, the municipal district, the city district are developed and affirm local government bodies of the settlement, municipal district, city district based on approved according to the procedure, established by this Code, master plans of the settlement, municipal district, city district and shall provide the balanced, perspective development of transport infrastructure of the settlement, municipal district, city district according to the needs for construction, reconstruction of objects of transport infrastructure of local value;
28) programs of complex development of social infrastructure of the settlement, the municipal district, the city district - the documents establishing lists of actions for designing, construction, reconstruction of objects of social infrastructure of local value of the settlement, municipal district, city district which are provided by also state and municipal programs, the strategy of social and economic development of the municipality and the actions plan on strategy implementation of social and economic development of the municipality (in the presence of data of strategy and the plan). Programs of complex development of social infrastructure of the settlement, the municipal district, the city district are developed and affirm local government bodies of the settlement, municipal district, city district based on approved according to the procedure, established by this Code, master plans of the settlement, municipal district, city district and shall provide the balanced, perspective development of social infrastructure of the settlement, municipal district, city district according to the needs for construction of facilities of social infrastructure of local value;
29) the parking place - the individual and certain part of the building or construction intended only for placement of the vehicle which is not limited or partially limited to the building or other protecting construction and which border are described in the procedure established by the legislation on the state cadastral registration;
30) the estimated cost of construction, reconstruction, major repair, demolition of capital construction projects, works on preserving objects of cultural heritage (further - the estimated cost of construction) - the estimated cost of construction, reconstruction, major repair, demolition of capital construction projects, works on preserving objects of cultural heritage which is subject to determination at stage of architectural and construction designing, preparation of the estimate on asset demolition of capital construction and to application according to Article 8.3 of this Code;
31) estimate norms - set of quantitative indices of materials, products, designs and the equipment, costs of work of workers in construction, time of operation of the machines and mechanisms (further - construction resources) established on the accepted measuring unit and other costs applied in case of determination of estimated cost of construction;
32) the estimate prices of construction resources - the summary documentary information on the cost of construction resources aggregated in territorial section established in the settlement way on the accepted measuring unit and placed in federal state information system of pricing in construction;
33) estimate standard rates - the estimate norms and techniques necessary for determination of estimated cost of construction, cost of works on engineering researches and on preparation of the project documentation, and also technique of development and use of estimate norms;
33. 1) the enlarged standard rate of the price of construction - the indicator of need for the money necessary for creation of power unit of construction products intended for planning (reasons) of investments (capital investments) into capital construction projects;
34) complex development of the territories - set of the actions which are carried out according to the approved documentation on the layout of the territory and the citizens directed to creating favorable conditions of accommodation, updating of living environment and the territories public of settlements, municipal districts, city districts;
34. 1) the operator of complex development of the territory - the legal entity determined by the Russian Federation or the subject of the Russian Federation according to this Code and providing implementation of the decision on complex development of the territory;
35) element of planning structure - part of the territory of the settlement, municipal district, city district or the mezhselenny territory of the municipal district (quarter, the residential district, the area and other similar elements). Types of elements of planning structure are established by the federal executive body authorized by the Government of the Russian Federation;
36) improvement of the territory - the sales activity of the complex of actions established by rules of improvement of the territory of the municipality, aimed at providing and increase in comfort of conditions of accommodation of citizens, on maintenance and improvement of sanitary and esthetic condition of the territory of the municipality, on content of the territories of settlements and the objects located in such territories, including the territories public, the parcels of land, buildings, structures, constructions, the adjacent territories;
37) the adjacent territory - the territory public which adjoins to the building to structure, construction, the parcel of land if such parcel of land is formed and which border are determined by rules of improvement of the territory of the municipality according to the procedure established by the law of the subject of the Russian Federation;
38) improvement elements - decorative, engineering, planning, constructive devices, gardening elements, different types of the equipment and registration, including facades of buildings, structures, constructions, the small architectural forms, non-capital non-stationary structures and constructions, information boards and indexes applied as constituent parts of improvement of the territory;
39) object of individual housing construction - the separate building with the number of elevated floors no more than three, no more than twenty meters high which consists of rooms and rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in such building and is not intended for the Section on independent real estate objects. The concepts "object of individual housing construction", "apartment house" and "individual apartment house" are applied in this Code, other Federal Laws and other regulatory legal acts of the Russian Federation in one value if other is not provided by such Federal Laws and regulatory legal acts of the Russian Federation. At the same time the parameters set to objects of individual housing construction by this Code equally are applied to apartment houses, individual apartment houses if other is not provided by such Federal Laws and regulatory legal acts of the Russian Federation;
40) the house of the blocked building - the apartment house blocked with other apartment house (other apartment houses) in the same row general side wall (general side walls) without apertures and having separate exit to the parcel of land.
The legislation on town-planning activities and regulatory legal acts published according to it are based on the following principles:
1) ensuring complex and sustainable development of the territory on the basis of territorial planning, town-planning zoning and the layout of the territory;
2) ensuring the balanced accounting of ecological, economic, social and other factors when implementing town-planning activities;
3) providing to disabled people of conditions for easy access to subjects to social and other assignment;
4) implementation of construction on the basis of documents of territorial planning, rules of land use and building and documentation on the layout of the territory;
5) participation of citizens and their associations in implementation of town-planning activities, ensuring freedom of such participation;
6) responsibility of public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies for providing favorable conditions for life activity of the person;
7) implementation of town-planning activities with observance of requirements of technical regulations;
8) implementation of town-planning activities with observance of safety requirements of the territories, technical requirements, requirements of civil defense, providing the prevention of emergency situations of natural and technogenic nature, taking measures to counteraction to acts of terrorism;
9) implementation of town-planning activities with observance of requirements of environmental protection and ecological safety;
10) implementation of town-planning activities with observance of requirements of preserving objects of cultural heritage and especially protected natural territories;
10. 1) unity of requirements to procedure of interaction of subjects of the town-planning relations specified in article 5 of this Code;
11) responsibility for violation of the legislation on town-planning activities;
12) indemnification, the legislation on town-planning activities caused to physical, legal entities as a result of violations of requirements, in full.
1. The legislation on town-planning activities consists of of this Code, other Federal Laws and other regulatory legal acts of the Russian Federation, and also the laws and other regulatory legal acts of subjects of the Russian Federation.
2. The Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them containing the regulations governing the relations in the field of town-planning activities cannot contradict this Code.
3. The laws and other regulatory legal acts of subjects of the Russian Federation containing the regulations governing the relations in the field of town-planning activities cannot contradict this Code.
4. Concerning town-planning activities municipal legal acts which shall not contradict this Code are adopted.
1. The legislation on town-planning activities governs the relations on territorial planning, town-planning zoning, the layout of the territory, architectural construction designing, the relations on construction of facilities of capital construction, their reconstruction, major repair, demolition, and also on upkeep of buildings, constructions (further the town-planning relations).
2. To the relations connected with taking measures to safety of construction, upkeep of buildings, constructions, demolition of capital construction projects, the prevention of emergency situations of natural and technogenic nature and liquidation of their effects when implementing town-planning activities, regulations of the legislation on town-planning activities are applied if these relations are not settled by the legislation of the Russian Federation in the field of protection of the population and the territories against emergency situations of natural and technogenic nature, the legislation of the Russian Federation on safety of hydraulic engineering constructions, the legislation of the Russian Federation on industrial safety of hazardous production facilities, the legislation of the Russian Federation on use of atomic energy, technical regulations.
3. The land, forest, water legislation, the legislation on especially protected natural territories, on environmental protection, on protection of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, other legislation of the Russian Federation is applied to the town-planning relations if these relations are not settled by the legislation on town-planning activities.
4. The civil legislation, including the Federal Law of December 1, 2007 No. 315-FZ "About self-regulatory organizations" (further - the Federal Law "About Self-regulatory Organisations") is applied to the relations connected with acquisition, loss of the status of self-regulatory organizations in the field of engineering researches, architectural and construction designing, construction, reconstruction, major repair, demolition of capital construction projects, determination of legal status of the specified self-regulatory organizations, implementation of activities by them, establishment of procedure by self-regulatory organization of control of activities of the members and application of measures of disciplinary impact by self-regulatory organization to the members, procedure of the state supervision of activities of self-regulatory organizations if these relations are not settled by this Code.
5. The legislation on town-planning activities taking into account the features established by the Federal Law "About the Artificial Parcels of Land and Construction of Facilities of Capital Construction on Such Parcels of Land Created on the Water Objects Which Are in Federal Property and about Modification of Separate Legal Acts of the Russian Federation" is applied to the relations connected with creation of the artificial parcels of land.
6. To the relations connected with the data collection and processing necessary for determination of estimated cost of construction, the legislation of the Russian Federation on the commercial and protected by the law other secret is applied taking into account the features established by the legislation of the Russian Federation on town-planning activities.
1. Subjects of the town-planning relations are the Russian Federation, subjects of the Russian Federation, municipalities, physical persons and legal entities.
2. On behalf of the Russian Federation, subjects of the Russian Federation, municipalities in the town-planning relations public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies within the competence act respectively.
1. For the purpose of respect for human right on favorable conditions for life activity, the rights and legitimate interests of owners of the parcels of land and capital construction projects according to the drafts of master plans, drafts of rules of land use and building, site plannings of the territory, boundary-setting plans, drafts of rules of improvement of the territories, projects providing modification of one of the specified approved documents, to drafts of decisions on provision of permission to conditionally permitted type of use of the parcel of land or capital construction project, drafts of decisions on provision of permission to variation from extreme parameters of the permitted construction, reconstruction of capital construction projects (further also in this Article - projects) according to the charter of the municipality and (or) regulatory legal act of representative body of the municipality and taking into account provisions of this Code are carried out public discussions or public hearings, except as specified, provided by this Code and other Federal Laws.
2. Participants of public discussions or public hearings on the drafts of master plans, drafts of rules of land use and building, site plannings of the territory, boundary-setting plans, drafts of rules of improvement of the territories, projects providing modification of one of of the specified approved documents, are the citizens who are constantly living in the territory concerning which these projects, owners of the parcels of land which are in borders of this territory and (or) capital construction projects located on them, and also owners of the rooms which are part of the specified capital construction projects are prepared.
3. Participants of public discussions or public hearings on drafts of decisions on provision of permission to conditionally permitted type of use of the parcel of land or capital construction project, to drafts of decisions on provision of permission to variation from extreme parameters of the permitted construction, reconstruction of capital construction projects are the citizens who are constantly living in limits of territorial zone in which borders the parcel of land or capital construction project concerning which these projects, owners of the parcels of land which are in borders of this territorial zone and (or) capital construction projects located on them, the citizens who are constantly living in borders of the parcels of land adjacent to the parcel of land concerning which these projects, owners of such parcels of land or the capital construction projects located on them are prepared are prepared is located owners of the rooms which are part of capital construction project concerning which these projects, and in the case provided by part 3 of article 39 of this Code, also owners of the parcels of land and capital construction projects subject to risk of negative environmental impact as a result of realization of project data are prepared.
4. The procedure of carrying out public discussions consists of the following stages:
1) the notification about the beginning of public discussions;
2) placement of the project which is subject to consideration on public discussions and information materials to it on the official site of authorized body of local self-government on the Internet (further in this Article - the official site) and (or) in the state or municipal information system providing carrying out public discussions with use of the Internet (further also - Internet network), or on the regional portal of the state and municipal services (further in this Article - information systems) and opening of exposure or exposures of such project;
3) carrying out exposure or exposures of the project which is subject to consideration on public discussions;
4) preparation and execution of the protocol of public discussions;
5) preparation and publication of the conclusion about results of public discussions.
5. The procedure of carrying out public hearings consists of the following stages:
1) the notification about the beginning of public hearings;
2) placement of the project which is subject to consideration at public hearings and information materials to it on the official site and opening of exposure or exposures of such project;
3) carrying out exposure or exposures of the project which is subject to consideration at public hearings;
4) holding meeting or meetings of participants of public hearings;
5) preparation and execution of the protocol of public hearings;
6) preparation and publication of the conclusion about results of public hearings.
6. The notification about the beginning of public discussions or public hearings shall contain:
1) project information, subject to consideration on public discussions or public hearings, and the list of information materials to such project;
2) information on procedure and terms of carrying out public discussions or public hearings on the project which is subject to consideration on public discussions or public hearings;
3) information on the place, date of opening of exposure or exposures of the project which is subject to consideration on public discussions or public hearings on terms of carrying out exposure or exposures of such project, about days and hours in which visit of the specified exposures or exposures is possible;
4) information on procedure, term and form of introduction by participants of public discussions or public hearings of the offers and notes concerning the project which is subject to consideration on public discussions or public hearings.
7. The notification about the beginning of public discussions also shall contain information on the official website on which the project which is subject to consideration on public discussions and information materials to it will be posted, or information systems in which such project and information materials to it with which use public discussions will be carried out will be placed. The notification about the beginning of public hearings also shall contain information on the official website on which the project which is subject to consideration at public hearings and information materials to it, information on date, time and the venue of meeting or meetings of participants of public hearings will be posted.
8. The notification about the beginning of public discussions or public hearings:
1) not later than seven days about day of placement on the official site or in information systems of the project which is subject to consideration on public discussions or public hearings is subject to publication according to the procedure, established for official publication of municipal legal acts, other official information and also if it is provided by municipal legal acts, in other mass media;
2) extends at the information stands equipped about the building of the representative on carrying out public discussions or public hearings of local government body in places of mass accumulation of citizens and in other places located in the territory concerning which the corresponding projects are prepared and (or) in borders of the territorial zones and (or) parcels of land specified in part 3 of this Article (further - the territory within which public discussions or public hearings are carried out), in other ways, providing access for participants of public discussions or public hearings to the specified information.
9. During the entire period of placement according to Item 2 of part 4 and Item 2 of part 5 of this Article of the project which is subject to consideration on public discussions or public hearings, and information materials to it exposure or exposures of such project are carried out. In work progress of exposure consultation of visitors of exposure, distribution of information materials about the project which is subject to consideration on public discussions or public hearings shall be organized. Consultation of visitors of exposure is performed by the representative's representatives on carrying out public discussions or public hearings of local government body or the collegiate advisory body created by it (further - the organizer of public discussions or public hearings) and (or) developer of the project which is subject to consideration on public discussions or public hearings.
10. During placement according to Item 2 of part 4 and Item 2 of part 5 of this Article of the project which is subject to consideration on public discussions or public hearings and information materials to it and carrying out exposure or exposures of such project the participants of public discussions or public hearings who underwent identification according to part 12 of this Article have the right to make offers and notes concerning such project:
1) by means of the official site or information systems (in case of carrying out public discussions);
2) in written or oral form during meeting or meetings of participants of public hearings (in case of carrying out public hearings);
3) in writing or in electronic form to the organizer of public discussions or public hearings;
4) by means of entry in the book (magazine) of accounting of visitors of exposure of the project which is subject to consideration on public discussions or public hearings.
11. The offers and notes introduced according to part 10 of this Article are subject to registration, and also obligatory consideration by the organizer of public discussions or public hearings, except for the case provided by part 15 of this Article.
12. Participants of public discussions or public hearings for the purpose of identification represent the information about themselves (surname, name, middle name (in the presence), birth date, the residential address (registration) - for physical persons; the name, the primary state registration number, the location and the address - for legal entities) with application of documents, confirming such data. The participants of public discussions or public hearings who are owners of the corresponding parcels of land and (or) the capital construction projects and (or) rooms which are part of the specified capital construction projects located on them also represent data respectively on such parcels of land, capital construction projects, rooms which are part of the specified capital construction projects from the Single state real estate register and other documents establishing or certifying them the rights to such parcels of land, capital construction projects, rooms which are part of the specified capital construction projects.
13. Submission of the documents confirming the information about participants of public discussions specified in part 12 of this Article is not required (surname, name, middle name (in the presence), birth date, the residential address (registration) - for physical persons; the name, the primary state registration number, the location and the address - for legal entities) if these persons make the offers and notes concerning the project which is subject to consideration on public discussions by means of the official site or information systems (provided that these data contain on the official site or in information systems). At the same time for confirmation of the data specified in part 12 of this Article the single system of identification and authentication can be used.
14. Processing of personal data of participants of public discussions or public hearings is performed taking into account the requirements established by the Federal Law of July 27, 2006 No. 152-FZ "About personal data".
15. The offers and notes introduced according to part 10 of this Article are not considered in case of identification of the fact of representation by the participant of public discussions or public hearings of false information.
16. The organizer of public discussions or public hearings provides equal access to the project which is subject to consideration on public discussions or public hearings, all participants of public discussions or public hearings (including by provision when carrying out public discussions of access to the official site, information systems in the multipurpose centers of provision of the state and municipal services and (or) premises of public authorities of subjects of the Russian Federation, local government bodies, the organizations subordinated to them).
17. The official site and (or) information systems shall provide opportunity:
1) checks by participants of public discussions of completeness and reliability of reflection on the official site and (or) in information systems of the offers and notes made by them;
2) submissions of information on results of public discussions, number of participants of public discussions.
18. The organizer of public discussions or public hearings prepares and draws up the protocol of public discussions or public hearings in which are specified:
1) date of execution of the protocol of public discussions or public hearings;
2) information on the organizer of public discussions or public hearings;
3) information containing in the published notification about the beginning of public discussions or public hearings, date and source of its publication;
4) information on term during which offers and notes of participants of public discussions or public hearings, about the territory within which public discussions or public hearings are carried out were accepted;
5) all offers and notes of participants of public discussions or public hearings with separation into offers and notes of the citizens who are participants of public discussions or public hearings and constantly living in the territory within which public discussions or public hearings, and offers and notes of other participants of public discussions or public hearings are carried out.
19. The list of the participants of public discussions or public hearings who took part in consideration of the project including the information about participants of public discussions or public hearings is attached to the protocol of public discussions or public hearings (surname, name, middle name (in the presence), birth date, the residential address (registration) - for physical persons; the name, the primary state registration number, the location and the address - for legal entities).
20. The participant of public discussions or public hearings who made the offers and notes concerning the project considered on public discussions or public hearings has the right to receive the minutes abstract of public discussions or public hearings containing the offers and notes made by this participant.
21. Based on the protocol of public discussions or public hearings the organizer of public discussions or public hearings performs preparation of the conclusion about results of public discussions or public hearings.
22. In the conclusion about results of public discussions or public hearings shall be specified:
1) date of execution of the conclusion about results of public discussions or public hearings;
2) the name of the project considered on public discussions or public hearings, the information about the number of participants of public discussions or public hearings who took part in public discussions or public hearings;
3) details of the protocol of public discussions or public hearings based on which the conclusion about results of public discussions or public hearings is prepared;
4) contents of the made offers and notes of participants of public discussions or public hearings with separation into offers and notes of the citizens who are participants of public discussions or public hearings and constantly living in the territory within which public discussions or public hearings, and offers and notes of other participants of public discussions or public hearings are carried out. In case of introduction by several participants of public discussions or public hearings of identical offers and notes generalization of such offers and notes is allowed;
5) the reasoned recommendations of the organizer of public discussions or public hearings of feasibility or inexpediency of accounting of the public discussions or public hearings of offers and notes brought by participants and conclusions by results of public discussions or public hearings.
23. The conclusion about results of public discussions or public hearings is subject to publication according to the procedure, established for official publication of municipal legal acts, other official information, and is posted on the official site and (or) in information systems.
24. Are determined by the charter of the municipality and (or) regulatory legal act of representative body of the municipality based on provisions of this Code:
1) procedure for the organization and carrying out public discussions or public hearings on projects;
2) organizer of public discussions or public hearings;
3) term of carrying out public discussions or public hearings;
4) official site and (or) information systems;
5) requirements to information stands on which notifications about the beginning of public discussions or public hearings are placed;
6) notification form of the beginning of public discussions or public hearings, procedure for preparation and form of the protocol of public discussions or public hearings, procedure for preparation and form of the conclusion about results of public discussions or public hearings;
7) procedure for carrying out exposure of the project which is subject to consideration on public discussions or public hearings and also procedure for consultation of visitors of exposure of the project which is subject to consideration on public discussions or public hearings.
25. The term of carrying out public discussions or public hearings on drafts of rules of improvement of the territories from the date of publication of the notification about the beginning of public discussions or public hearings about day of publication of the conclusion about results of public discussions or public hearings is determined by the charter of the municipality and (or) regulatory legal act of representative body of the municipality and there cannot be less than one month and more than three months.
26. If for the purpose of complex development of the territory modification of the master plan of the settlement, the master plan of the municipal district, the master plan of the city district, according to the decision of the head of local administration of the settlement, the head of local administration of the municipal district is required, heads of local administration of the city district simultaneous carrying out public hearings and (or) public discussions on the projects providing modification of the master plan of the settlement, the master plan of the municipal district, the master plan of the city district and according to the draft of documentation on the layout of the territory which is subject to complex development is allowed.
1. For the purposes of of this Code the project on asset construction of capital construction is understood as the list of the actions performed by the builder, the technical customer, federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies and (or) other organizations according to provisions of this Code for the purpose of construction, reconstruction of capital construction project, input of such object in operation, and also state registration of the rights to it.
2. Project implementation on asset construction of capital construction can consist of the following stages:
1) acquisition of rights the parcel of land including provided from the lands which are in the state-owned or municipal property;
2) approval or issue of engineering researches, architectural and construction designing, construction, reconstruction of capital construction project of data, documents, materials, necessary for accomplishment;
3) accomplishment of engineering researches and implementation of architectural and construction designing;
4) construction, reconstruction of capital construction project, commissioning of capital construction project;
5) the state cadastral registration and (or) state registration of the rights to the constructed, reconstructed capital construction project (the room, the parking place).
3. Acquisition of rights the parcel of land provided from the lands which are in the state-owned or municipal property can include the following events:
1) provision of the parcel of land which is in the state-owned or municipal property in lease or in property at the biddings according to the land legislation;
2) provision of the parcel of land which is in the state-owned or municipal property without tendering according to the land legislation;
3) decision making about establishment of the public servitude, agreement signature about establishment of the public servitude, servitude according to the civil legislation, the land legislation, introduction of amendments to such agreement;
4) issue according to the land legislation of permission to use of the lands or the parcels of land which are in the state-owned or municipal property without provision of the parcels of land and establishment of the servitude, the public servitude.
4. Approval or issue of engineering researches, architectural and construction designing, construction, reconstruction of capital construction project of data, documents, materials, necessary for accomplishment, can include the following events:
1) preparation and approval of documentation on the layout of the territory which include:
a) decision making about preparation of the site planning of the territory, the boundary-setting plan;
b) public discussions or public hearings on site plannings of the territory, boundary-setting plans;
c) approval of documentation on the layout of the territory;
2) provision of permission to conditionally permitted type of use of the parcel of land, including carrying out public discussions or public hearings according to the draft decision about provision of such permission;
3) provision of permission to variation from extreme parameters of the permitted construction, reconstruction of capital construction project, including carrying out public discussions or public hearings according to the draft decision about provision of such permission;
4) issue of the development plan for a land plot;
5) receipt of the technical requirements and conditions which are subject to obligatory execution in case of architectural and construction designing for the purpose of reconstruction, major repair of the existing linear subjects, including networks of engineering facilities according to Article 52.2 of this Code;
6) the conclusion of the contract with owners of the existing linear subjects, including networks of engineering facilities, for the purpose of their reconstruction, major repair according to Article 52.2 of this Code;
7) obtaining stipulated in Article 52.1 of this Code of specifications on connection (technological accession) of capital construction projects to networks of engineering facilities;
8) the conclusion of the agreements on connection (technological accession) of capital construction projects to networks of engineering facilities specified in Article 52.1 of this Code;
9) acceptance according to the land legislation of the decision on establishment, change, on the termination of existence of zones with special conditions of use of the territory in connection with construction, reconstruction of capital construction project.
5. Accomplishment of engineering researches and implementation of architectural and construction designing can include the following events:
1) conducting examination of the project documentation of capital construction projects and (or) results of engineering researches;
2) conducting the state historical and cultural examination of the project documentation on work on preserving objects of cultural heritage in the case provided by part 6 of article 49 of this Code;
3) conducting the state ecological assessment of the project documentation in the case provided by part 6 of article 49 of this Code.
6. The construction, reconstruction of capital construction project, commissioning of capital construction project can include the following events:
1) issue of construction permit (except as specified if the asset construction of capital construction does not require issue of construction permit), modification of construction permit, assignment of the address to object of addressing;
2) the direction of the notification on compliance to the set parameters and admissibility of placement of object of individual housing construction or the garden house specified in the notification on the planned construction of parameters of object of individual housing construction or the garden house on the parcel of land;
3) the direction in the federal executive bodies authorized on implementation of the state construction supervision, executive body of the subject of the Russian Federation or State Atomic Energy Corporation "Rosatom" of the notices provided by this Code;
4) signing of acts of connection (technological accession) of capital construction project to networks of engineering facilities;
5) provision by body of federal state energy supervision of temporary permission, permission to the admission in operation of facilities for production of electrical energy, objects of electric grid economy, the power accepting installations, objects of heat supply and the heatconsuming installations;
6) the conclusion of agreements of power supply (purchase and sale (delivery) of electrical energy), agreements of hot-water supply, agreements of cold water supply, agreements of heat supply, agreements of water disposal, including concerning the under construction, reconstructed object for its construction, reconstruction, and also the conclusion of delivery agreements of gas;
7) issue of the conclusion about compliance constructed, the reconstructed capital construction project to requirements of the project documentation (if implementation of the state construction supervision according to part of 1 Article 54 of this Code is provided);
8) preparation of the technical building plan, construction according to the Federal Law of July 13, 2015 No. 218-FZ "About state registration of the real estate";
9) issue of permission to input of capital construction project in operation, modification of permission to input of capital construction project of operation (in the cases provided by this Code);
10) the direction of the notification on compliance constructed, the reconstructed object of individual housing construction or the garden house to requirements of the legislation on town-planning activities or discrepancy constructed, the reconstructed object of individual housing construction or the garden house to requirements of the legislation on town-planning activities.
7. The state cadastral registration, state registration of the rights to capital construction project (rooms, parking places) are performed according to the Federal Law of July 13, 2015 No. 218-FZ "About state registration of the real estate".
8. For project implementation on asset construction of capital construction in case of complex development of the territory are also required acceptance in the procedures and cases of the decision on complex development of the territory established by this Code, the conclusion of the agreement on complex development of the territory, and also in case, stipulated in Article the 70th of this Code, agreement signature about differentiation of obligations on implementation of actions for complex development of the territory at the initiative of owners.
9. The documents, data, materials, approvals provided by regulatory legal acts of the Russian Federation and necessary for the builder, the technical customer for accomplishment provided by parts 3 - the 7th this Article of actions in case of project implementation for asset construction of capital construction, are subject to inclusion in the register of such documents, data, materials, approvals (further - the document register). The document register is public state information resource. Forming and maintaining the document register are performed in electronic form by the federal executive body performing functions on the development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning or subordinated to it state (budget or autonomous) organization. The document register is subject to inclusion in single state information system of ensuring town-planning activities "Стройкомплекс.РФ" (further - unified information system). The procedure for forming and maintaining the document register, its structure and structure, procedure and the bases of inclusion of documents, data, materials, approvals in the document register, exceptions of documents, data, materials, approvals of the document register are established by the Government of the Russian Federation.
9.1. In case of accomplishment provided by parts 3 - the 7th this Article of actions in case of project implementation for asset construction of capital construction federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, the organizations subordinated to them have no right to demand from the builder, the technical customer of submission of documents, data, materials which are available for the specified bodies and the organizations (except as specified, the state and municipal services, stipulated by the legislation about the organization of provision).
10. Presentation of requirements about obtaining for the purpose of project implementation on asset construction of capital construction of documents, data, materials, the approvals which are not included in the document register is not allowed.
11. The single standards of provision of the state services and (or) municipal services provided by this Article, which are subject to observance by federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, the organizations, other organizations subordinated to them when rendering such services can be approved by the government of the Russian Federation.
12. Cases in which the actions provided by this Article are performed exclusively electronically with use of the single portal of the state and municipal services, regional portals of the state and municipal services and (or) the state information systems of ensuring town-planning activities with functions of the automated information and analytical support of implementation of powers in the field of town-planning activities can be established by the government of the Russian Federation if other is not provided by this Code, other Federal Laws.
1. In the field of town-planning activities treat powers of public authorities of the Russian Federation:
1) preparation and document approval of territorial planning of the Russian Federation;
2) approval of documentation on the layout of the territory in the cases provided by this Code;
3) technical regulation in the field of town-planning activities;
3. 1) maintaining the state register of self-regulatory organizations;
3. 2) implementation of the state supervision of activities of self-regulatory organizations;
3. 3) the appeal to Arbitration Court with the requirement about exception of data on self-regulatory organization of the state register of self-regulatory organizations in the cases provided by this Code and other Federal Laws;
3. 4) establishment of the list of 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. 5) maintaining federal state information system of territorial planning;
3. 6) establishment of rules of forming and maintaining qualifier of construction information;
3. 7) forming and maintaining qualifier of construction information;
3. 8) establishment of rules of forming and the maintaining information model, the scope of information, documents and materials which are subject to inclusion in information model;
3. 9) the list of cases in case of which forming and maintaining information model are obligatory;";
3. 10) decision making about complex development of the territories in the cases provided by this Code;
4) establishment of procedure for maintaining unified information system, requirements to procedure for inclusion of data, documents, materials in the form of the electronic documents necessary for implementation of town-planning activities, and (or) information models in unified information system, and also procedure for maintaining the state information systems of ensuring town-planning activities of subjects of the Russian Federation;
4. 1) establishment of requirements to programs of complex development of systems of utility infrastructure of settlements, municipal districts, city districts, to programs of complex development of transport infrastructure of settlements, municipal districts, city districts, programs of complex development of social infrastructure of settlements, municipal districts, city districts;
5. 1) the organization and conducting state examination of the project documentation of objects, construction which reconstruction is supposed to be performed in the territories of embassies, consulates and representations of the Russian Federation abroad, in exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in domestic sea waters, in territorial sea of the Russian Federation, subjects to defense and safety, other objects, data on which are the state secret, motor-roads of federal importance, capital construction projects of infrastructure of rail transport public and capital construction projects of infrastructure of air transport (in case of construction of these objects within the concessionary agreement or other agreements providing emergence of the property right of the Russian Federation to these objects), objects of cultural heritage (historical and cultural monuments) of federal importance (if in case of work on preserving object of cultural heritage of federal importance are mentioned constructive and other characteristics of reliability and safety of such object) specified in Article 48.1 of this Code especially dangerous, technically difficult and unique objects, subjects to placement of waste, subjects to neutralization of waste, other objects determined by the Government of the Russian Federation, and also results of the engineering researches which are carried out for preparation of the project documentation of the objects specified in this Item;
5. 2) establishment of procedure for the organization and conducting state examination of the project documentation and state examination of results of engineering researches, non-state examination of the project documentation and non-state examination of results of engineering researches, amount of payment for conducting state examination of the project documentation and state examination of results of engineering researches, procedure for collection of this payment;
5. 3) establishment of procedure for appeal of experimental testimonies of the project documentation and (or) examination of results of engineering researches;
5. 4) establishment of procedure for accreditation of legal entities on the right of conducting non-state examination of the project documentation and (or) non-state examination of results of engineering researches;
5. 5) establishment of procedure for maintaining the state register of the legal entities accredited on the right of conducting non-state examination of the project documentation and (or) non-state examination of results of engineering researches;
5. 6) maintaining the state register of the legal entities accredited on the right of conducting non-state examination of the project documentation and (or) non-state examination of results of engineering researches;
5. 7) establishment of procedure for certification, recertification on the right of preparation of experimental testimonies of the project documentation and (or) examination of results of engineering researches, including procedure for prolongation of effective period of the competence certificate to the right of preparation of experimental testimonies of the project documentation and (or) examination of results of engineering researches;
5. 8) carrying out certification, recertification on the right of preparation of experimental testimonies of the project documentation and (or) examination of results of engineering researches, cancellation of competence certificates to the right of preparation of experimental testimonies of the project documentation and (or) examination of results of engineering researches;
5. 9) establishment of procedure for maintaining the register of persons certified on the right of preparation of experimental testimonies of the project documentation and (or) examination of results of engineering researches;
5. 10) maintaining the register of persons certified on the right of preparation of experimental testimonies of the project documentation and (or) examination of results of engineering researches;
5. 11) establishment of criteria of the standard project documentation;
5. 12) establishment of procedure for recognition of the project documentation the standard project documentation, the term of application of the standard project documentation, procedure for cancellation of the decision on recognition of the project documentation the standard project documentation, procedure for decision making about recognition of the functional and technological, constructive, technical and other decisions containing in the standard project documentation, prototype project solutions and also cases of compulsory use of the standard project documentation;
6) approval of regulations on federal state construction supervision and general requirements to the organization and implementation of regional state construction supervision (further - the state construction supervision), the organization of scientific and methodical ensuring the state construction supervision;
7) implementation of federal state construction supervision in the cases provided by this Code;
7. 1) control of observance of subjects of the Russian Federation by public authorities, local government bodies of the legislation on town-planning activities;
7. 2) approval of drafts of schemes of territorial planning of municipal districts, drafts of master plans of settlements, municipal districts, city districts, drafts of rules of land use and building in the cases provided by this Code;
7. 3) establishment of procedure of monitoring of development and approval of programs of complex development of systems of utility infrastructure of settlements, municipal districts, city districts, programs of complex development of transport infrastructure of settlements, municipal districts, city districts, programs of complex development of social infrastructure of settlements, municipal districts, city districts;
7. 4) ceased to be valid
7. 5) approval of estimate standard rates;
7. 6) approval of techniques of determination of the estimate prices of construction resources;
7. 7) establishment of procedure for monitoring of the prices of construction resources, including types of information, necessary for forming of the estimate prices of construction resources, procedure for its provision, and also procedure for determination of persons obliged to provide the specified information;
7. 8) establishment of procedure for maintaining federal state information system of pricing in construction;
7. 9) forming and maintaining the federal register of estimate standard rates;
7. 10) maintaining federal state information system of pricing in construction;
7. 11) establishment of procedure for forming and maintaining the federal register of estimate standard rates;
7. 12) forming and maintaining qualifier of construction resources;
7. 13) establishment of procedure for forming and maintaining qualifier of construction resources;
7. 14) approval of the enlarged standard rates of the price of construction;
7. 15) approval of techniques of development and application of the enlarged standard rates of the price of construction;
7. 16) establishment of approval procedure of the enlarged standard rates of the price of construction;
7. 17) approval of procedure for determination of estimated cost of construction concerning the capital construction projects located outside the territory of the Russian Federation and financed with attraction of financial resources of budgets of budget system of the Russian Federation, means of the legal entities created by the Russian Federation, subjects of the Russian Federation, municipalities, legal entities, the share in whose authorized (share) capital of the Russian Federation, subjects of the Russian Federation, municipalities constitutes more than 50 percent;
7. 18) approval of the qualifier of capital construction projects on their assignment 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);
7. 19) establishment of procedure for forming and maintaining the register of the requirements which are subject to application in case of accomplishment of engineering researches, implementation of architectural and construction designing, conducting examination of the project documentation and (or) examination of results of engineering researches, construction, reconstruction, major repair, operation and demolition of capital construction projects (further also - the register of requirements);
7. 20) forming and maintaining register of requirements;
7. 21) forming and maintaining the federal register of incomplete capital construction projects;
7. 22) establishment of procedure for forming and maintaining document register;
7. 23) forming and maintaining document register;
8) implementation of other powers referred by this Code, other Federal Laws to powers of public authorities of the Russian Federation.
2.1. Voided
2.2. Voided
3. Voided
1. The Russian Federation transfers to public authorities of subjects of the Russian Federation implementation of powers in the field of the organization and conducting state examination of the project documentation, state examination of results of the engineering researches except for specified in article 6 of this Code of state examination of the project documentation, state examination of results of engineering researches specified in Item 5.1 if other is not provided by the Federal Law of December 29, 2004 No. 191-FZ "About enforcement of the Town-planning code of the Russian Federation" (further - the Federal Law on enforcement of this Code).
1.1. The Russian Federation transfers to public authorities of subjects of the Russian Federation implementation of powers in the field of control of observance by local government bodies of the legislation on town-planning activities.
2. 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, having the right to adopt regulatory legal acts on the questions relating to the sphere of delegated powers and also to publish the methodical instructions and instructive materials for their implementation of subjects of the Russian Federation by executive bodies obligatory for execution.
3. 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:
1) ceased to be valid
2) exercises control of the normative legal regulation performed by public authorities of subjects of the Russian Federation concerning delegated powers with the right of the direction of instructions, obligatory for execution, about cancellation of the corresponding regulatory legal acts of subjects of the Russian Federation or about introduction of changes in them;
3) exercises control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation of delegated powers with the right of the direction of instructions, obligatory for execution, about elimination of the revealed violations, and also ideas of attraction to disciplinary responsibility of the officials responsible for non-execution or improper execution of delegated powers. The procedure of control of efficiency and quality of implementation of delegated powers affirms the federal executive body specified in paragraph one of this part according to the rules established by the Government of the Russian Federation;
In case of non-execution or improper execution by public authorities of subjects of the Russian Federation of the powers delegated according to this Article prepares 4) and brings in the Government of the Russian Federation for decision making of the offer on temporary withdrawal of appropriate authority at public authorities of subjects of the Russian Federation;
5) is established by content and forms of submission of the reporting on implementation of delegated powers, in case of need establishes target forecast indicators.
3.1. The head of 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 has the rights established by subitems "a", "b" of Item 7 of part 2 of article 45 of the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation".
4. Management official of the subject of the Russian Federation:
1) independently appoints to position and dismisses heads of the executive bodies of the subject of the Russian Federation performing delegated powers;
2) approves structure of executive bodies of the subject of the Russian Federation in the field of state examination of the project documentation, state examination of results of engineering researches and in the field of control of observance by local government bodies of the legislation on town-planning activities;
3) will be independently organized by activities for implementation of delegated powers according to the federal legislation and regulatory legal acts provided by part 2 of this Article;
4) is provided by timely representation in 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, the reporting under the established form of implementation of delegated powers, of achievement of target forecast indicators in case of their establishment.
5. Implementation of the powers of the Russian Federation specified regarding 1 this Article is transferred to public authorities of subjects of the Russian Federation without provision of subventions from the federal budget. Financing of power on implementation of the organization and conducting state examination of the project documentation and (or) state examination of results of engineering researches is performed at the expense of the means of the builder or technical customer which directed the project documentation and (or) results of engineering researches to state examination.
6. The powers delegated according to this Article to public authorities of subjects of the Russian Federation can be temporarily withdrawn by the Government of the Russian Federation according to the offer of 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 in case of non-execution or improper execution of subjects of the Russian Federation of appropriate authority by public authorities.
7. Within a month from the date of receipt of data on non-execution or improper execution by public authorities of the subject of the Russian Federation of the powers transferred according to this Article, 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 performs reliability of the specified data and by results of check issues the conclusion about proper execution of the subject of the Russian Federation of delegated powers by public authorities or prepares and makes in the Government of the Russian Federation offers for decision making on temporary withdrawal of appropriate authority at public authorities of subjects of the Russian Federation.
8. The powers specified in part 6 of this Article and temporarily withdrawn are performed by the federal executive body performing functions on the development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning or subordinated to it state (budget or autonomous) organization.
In the field of town-planning activities treat powers of public authorities of subjects of the Russian Federation:
1) preparation and document approval of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation;
2) approval of documentation on the layout of the territory in the cases provided by this Code;
3) approval of regional standard rates of urban design;
3. 1) approval of regulations on regional state construction supervision;
4) implementation of regional state construction supervision in the cases provided by this Code.
5) approval of drafts of schemes of territorial planning of municipal districts, drafts of master plans of settlements, municipal districts, city districts, drafts of rules of land use and building in the cases provided by this Code;
6) implementation of monitoring of development and approval of programs of complex development of systems of utility infrastructure of settlements, municipal districts, city districts, programs of complex development of transport infrastructure of settlements, municipal districts, city districts, programs of complex development of social infrastructure of settlements, municipal districts, city districts;
7) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses in the cases provided by this Code;
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, municipal districts, city districts;
9) decision making about complex development of the territories in the cases provided by this Code;
10) forming and maintaining regional registers of incomplete capital construction projects.
1. In the field of town-planning activities treat powers of local government bodies of settlements:
1) preparation and document approval of territorial planning of settlements;
2) approval of local standard rates of urban design of settlements;
3) approval of rules of land use and building of settlements;
4) approval of documentation on the layout of the territory in the cases provided by this Code;
5) issue of construction permits, permissions to input of objects in operation when implementing construction, reconstruction of the capital construction projects located in the territories of settlements;
5. 1) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses on the parcels of land located in the territories of settlements;
6) ceased to be valid
7) carrying out survey of buildings, constructions regarding their technical condition and proper maintenance according to requirements of technical regulations imposed to constructive and other characteristics of reliability and safety of the specified objects, requirements of the project documentation, issue of recommendations of measures for elimination of the revealed violations in the cases provided by this Code.
8) development and approval of programs of complex development of systems of utility infrastructure of settlements, programs of complex development of transport infrastructure of settlements, programs of complex development of social infrastructure of settlements;
9) the conclusion of agreements on complex development of the territory at the initiative of owners of the parcels of land and (or) the real estate units located on them;
10) decision making about complex development of the territories in the cases provided by this Code;
11) decision making about demolition of unauthorized construction or the decision on demolition of unauthorized construction or its reduction in compliance with extreme parameters of the permitted construction, reconstruction of capital construction projects, statutory rules of land use and building, documentation on the layout of the territory, or the mandatory requirements to parameters of capital construction projects established by this Code, other Federal Laws (further - reduction in compliance with the established requirements), in the cases provided by the civil legislation, implementation of demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by this Code.
2. In the field of town-planning activities treat powers of local government bodies of municipal districts:
1) preparation and document approval of territorial planning of municipal districts;
2) approval of local standard rates of urban design of municipal districts;
3) approval of rules of land use and building of the corresponding mezhselenny territories;
4) approval of documentation on the layout of the territory in the cases provided by this Code;
5) issue of construction permits, permissions to input of objects in operation when implementing construction, reconstruction of the capital construction projects located in the corresponding mezhselenny territories;
5. 1) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses on the parcels of land located in the corresponding mezhselenny territories;
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;
7) decision making about demolition of unauthorized construction or the decision on demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by the civil legislation, implementation of demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by this Code.
3. In the field of town-planning activities treat powers of local government bodies of municipal districts, city districts:
1) preparation and document approval of territorial planning of municipal districts, city districts;
2) approval of local standard rates of urban design of municipal districts, city districts;
3) approval of rules of land use and building of municipal districts, city districts;
4) approval of documentation on the layout of the territory in the cases provided by this Code;
5) issue of construction permits, permissions to input of objects in operation when implementing construction, reconstruction of the capital construction projects located in the territories of municipal districts, city districts;
5. 1) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses on the parcels of land located in the territories of municipal districts, city districts;
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, city districts and provision of the data, documents and materials containing in the state information systems of ensuring town-planning activities;
7) ceased to be valid
8) carrying out survey of buildings, constructions regarding their technical condition and proper maintenance according to requirements of technical regulations imposed to constructive and other characteristics of reliability and safety of the specified objects, requirements of the project documentation, issue of recommendations of measures for elimination of the revealed violations in the cases provided by this Code;
9) development and approval of programs of complex development of systems of utility infrastructure of municipal districts, city districts, programs of complex development of transport infrastructure of municipal districts, city districts, programs of complex development of social infrastructure of municipal districts, city districts;
10) the conclusion of agreements on complex development of the territory at the initiative of owners of the parcels of land and (or) the real estate units located on them;
11) decision making about complex development of the territories in the cases provided by this Code;
12) decision making about demolition of unauthorized construction or the decision on demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by the civil legislation, implementation of demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by this Code.
1. 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, public authorities of subjects of the Russian Federation exercise the state control of observance respectively by public authorities of subjects of the Russian Federation, local government bodies of the legislation on town-planning activities (further in this Article - the bodies exercising control of compliance with law about town-planning activities), including control for:
1) compliance of regulatory legal acts of subjects of the Russian Federation, municipal legal acts to the legislation on town-planning activities;
2) observance of the terms of reduction of regulatory legal acts of subjects of the Russian Federation, municipal legal acts established by the Federal Laws in compliance with requirements of this Code;
3) observance of the procedures established by the legislation on town-planning activities for preparation and document approval of territorial planning, rules of land use and building, documentation on the layout of the territory, town-planning plans of the parcels of land.
2. Officials of the bodies exercising control of compliance with law about town-planning activities have the right:
1) to perform activities of public authorities of subjects of the Russian Federation, local government bodies, and also the organizations subordinated to them;
2) to demand from heads and other officials of public authorities of subjects of the Russian Federation, local government bodies of provision of necessary documents, materials and data, allocation of specialists for clarification of the arisen questions;
To receive 3) from heads and other officials of public authorities of subjects of the Russian Federation, local government bodies of explanation upon violation of the law about town-planning activities.
3. Officials of the bodies exercising control of compliance with law about town-planning activities in case of identification of the facts of violation by public authorities of subjects of the Russian Federation, local government bodies of the legislation on town-planning activities shall:
To send 1) to relevant organs of the government of subjects of the Russian Federation, local government bodies obligatory instructions about elimination of the revealed violations of the law about town-planning activities and to establish terms of elimination of such violations;
To send 2) to bodies of prosecutor's office information on the facts of violation of the laws for taking measures by the prosecutor;
3) to take the measures necessary for involvement of heads and other officials of public authorities of subjects of the Russian Federation, local government bodies to the responsibility established by the legislation of the Russian Federation on administrative offenses.
4. Officials of public authorities of subjects of the Russian Federation, local government bodies shall:
To provide 1) at the request of the body exercising control of compliance with law about town-planning activities, documents and materials, necessary for control;
To send 2) to the body exercising control of compliance with law about town-planning activities, the copy of documents of territorial planning, rules of land use and building on the paper or electronic medium in two weeks after their approval in accordance with the established procedure;
3) to render assistance to officials of the body exercising control of compliance with law about town-planning activities in their work.
The powers of local government bodies and public authorities of the subject of the Russian Federation in the field of town-planning activities established by this Code can be redistributed between them according to the procedure, No. 131-FZ provided by part 1.2 of article 17 of the Federal Law of October 6, 2003 "About the general principles of the organization of local self-government in the Russian Federation".
1. Estimated cost of the construction financed with attraction of financial resources of budgets of budget system of the Russian Federation, means of the legal entities created by the Russian Federation, subjects of the Russian Federation, municipalities, legal entities, the share in whose authorized (share) capital of the Russian Federation, subjects of the Russian Federation, municipalities constitutes more than 50 percent, and also the estimated cost of major repair of the apartment house (common property in the apartment house) performed fully or partially at the expense of means of the regional operator, condominium housing of housing cooperative or other specialized consumer cooperative or means of owners of rooms in the apartment house, is determined with obligatory application of estimate standard rates, data on which are included in the federal register of estimate standard rates, and the estimate prices of construction resources. In other cases the estimated cost of construction is determined using estimate standard rates, data on which are included in the federal register of estimate standard rates, and the estimate prices of construction resources if it is provided by the Federal Law or the agreement. Estimated cost of construction is used when forming the starting (maximum) price of contracts, the prices of the contracts signed with the single supplier (the contractor, the contractor) which subject is performance of works on construction, reconstruction, major repair, demolition of capital construction projects, preserving objects of cultural heritage in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs, the legislation of the Russian Federation on purchases of goods, works, services as separate types of legal entities, pricing of other agreements signed by persons specified in part 2 of this Article and providing performance of works on construction, reconstruction, major repair, demolition of capital construction projects on preserving objects of cultural heritage, under condition, that determination of estimated cost of construction according to the procedure, established by this part, according to this Code is obligatory. At the same time the estimate standard rates and the estimate prices of construction resources used in case of determination of estimated cost of construction are not subject to application in case of execution of the specified contracts or agreements.
2. If the estimated cost of the construction financed with attraction of financial resources of budgets of budget system of the Russian Federation of means of the legal entities created by the Russian Federation, subjects of the Russian Federation, municipalities, legal entities, the share in whose authorized (share) capital of the Russian Federation, subjects of the Russian Federation, municipalities constitutes more than 50 percent, exceeds ten million rubles, the specified estimated cost of construction is subject to check regarding reliability of its determination during conducting state examination of the project documentation. When carrying out major repair of capital construction projects the specified estimated cost is subject to such check in the cases established by the Government of the Russian Federation. If the specified estimated cost of construction does not exceed ten million rubles, the specified estimated cost of construction is subject to such check if it is provided by the agreement.
2.1. Estimated cost of construction concerning the capital construction projects located outside the territory of the Russian Federation and financed with attraction of financial resources of budgets of budget system of the Russian Federation, means of the legal entities created by the Russian Federation, subjects of the Russian Federation, municipalities, legal entities, the share in whose authorized (share) capital of the Russian Federation, subjects of the Russian Federation, municipalities constitutes more than 50 percent, is determined according to the procedure, established by the Government of the Russian Federation.
3. Estimate standard rates affirm 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 as the procedure established by it.
4. Data on the approved estimate standard rates join in the federal register of estimate standard rates.
5. The estimate prices of construction resources are determined 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 by results of monitoring of the prices of construction resources.
6. Techniques of determination of the estimate prices of construction resources affirm 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.
7. The procedure for monitoring of the prices of construction resources, including types of information, necessary for forming of the estimate prices of construction resources, procedure for its provision, and also procedure for determination of persons obliged to provide the specified information is established by the Government of the Russian Federation.
8. Collection, processing and storage of information provided by part 9 of this Article are performed taking into account requirements about information security of limited access, stipulated by the legislation the Russian Federation.
9. The estimate prices of construction resources are public information and are placed in federal state information system of pricing in construction.
10. Monitoring of the prices of construction resources is performed on the basis of information containing in the qualifier of construction resources. Forming and maintaining the qualifier of construction resources are performed 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 in the procedure established by it.
11. The enlarged standard rates of the price of construction are developed and applied according to 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, techniques of development and application of the enlarged standard rates of the price of construction. The enlarged standard rates of the price of construction affirm 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 as the procedure established by it.
1. The federal register of estimate standard rates is the state information resource. The specified register is public, except for the data which are the state secret.
2. The estimate standard rates containing in the federal register of estimate standard rates are subject to placement in federal state information system of pricing in construction.
3. Forming and maintaining the federal register of estimate standard rates are performed 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 in the procedure established by it.
1. Territorial planning is directed to determination in documents of territorial planning of purpose of the territories proceeding from set of social, economic, ecological and other factors for the purpose of ensuring sustainable development of the territories, development of engineering, transport and social infrastructures, ensuring accounting of interests of citizens and their associations, the Russian Federation, subjects of the Russian Federation, municipalities.
2. Documents of territorial planning are subdivided on:
1) documents of territorial planning of the Russian Federation;
2) documents of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation;
3) documents of territorial planning of municipalities.
3. Documents of territorial planning are obligatory for public authorities, local government bodies in case of adoption by them of decisions and implementation of such decisions. Documents of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation and documents of territorial planning of municipalities are not subject to application in the part contradicting the approved documents of territorial planning of the Russian Federation from the date of approval.
3.1. Availability of the approved document of territorial planning of two and more subjects of the Russian Federation or preparation of the draft of this document does not interfere with preparation and document approval of territorial planning of the subject of the Russian Federation, and also modification of the documents of territorial planning of the subject of the Russian Federation approved according to this Code.
3.2. Documents of territorial planning of the subject of the Russian Federation are subject to reduction in compliance with the approved documents of territorial planning of two and more subjects of the Russian Federation if placement of the objects of regional value provided by documents of territorial planning of the subject of the Russian Federation interferes with placement of the objects of regional value provided by documents of territorial planning of two and more subjects of the Russian Federation. Before reduction of documents of territorial planning of the subject of the Russian Federation in compliance with the approved documents of territorial planning of two and more subjects of the Russian Federation documents of territorial planning of the subject of the Russian Federation are not subject to application in the part contradicting the approved documents of territorial planning of two and more subjects of the Russian Federation from the date of approval.
3.3. Documents of territorial planning of municipalities are not subject to application in the part contradicting the approved documents of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation from the date of approval.
4.1. By preparation and document approval of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation, documents of territorial planning of municipalities and when entering into the specified documents of territorial planning of changes it is not allowed to include in the specified documents of regulations on territorial planning which implementation will result in impossibility of ensuring operation of the objects of federal importance existing or planned for placement.
4.2. By preparation and document approval of territorial planning of municipalities and when entering into the specified documents of territorial planning of changes it is not allowed to include in the specified documents of regulations on territorial planning which implementation will result in impossibility of ensuring operation of the objects of regional value existing or planned for placement.
5. Preparation of documents of territorial planning of the Russian Federation is performed based on industry documents of strategic planning of the Russian Federation, including general schemes in fuel and energy and transport industries, the strategy of homeland security of the Russian Federation, other conceptual and doctrinal documents in the field of safety taking into account provisions of strategy of social and economic development of the Russian Federation, the strategy of space development of the Russian Federation, national projects, interstate programs, state programs of the Russian Federation, investing programs of subjects of natural monopolies, decisions of public authorities, other main managers of means of the relevant budgets providing creation of objects of federal importance, and also data containing in federal state information system of territorial planning (further also - information system of territorial planning).
5.1. Preparation of documents of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation is performed based on the strategy of social and economic development of subjects of the Russian Federation taking into account provisions of strategy of space development of the Russian Federation, the strategy of social and economic development of macroregions, industry documents of strategic planning of the Russian Federation, interstate programs, state programs of the Russian Federation, national projects, state programs of subjects of the Russian Federation, investing programs of subjects of natural monopolies, decisions of public authorities, other main managers of means of the relevant budgets providing creation of objects of regional value, and also the data containing in information system of territorial planning.
5.2. Preparation of documents of territorial planning of municipalities is performed taking into account provisions of strategy of social and economic development of municipalities and actions plans on their realization (in the presence), the budgetary forecast of the municipality for the long-term period (in the presence), provisions of strategy of space development of the Russian Federation, state programs of the Russian Federation, national projects, state programs of subjects of the Russian Federation, municipal programs, investing programs of subjects of natural monopolies, the organizations of utility complex, decisions of local government bodies, other main managers of means of the relevant budgets providing creation of objects of local value, and also the data containing in information system of territorial planning.
6. Preparation of documents of territorial planning is performed taking into account the regulations on territorial planning containing in documents of territorial planning of the Russian Federation, documents of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation, documents of territorial planning of municipalities and also taking into account proposals of interested persons.
7. The authorized federal executive body, public authorities of subjects of the Russian Federation, local government bodies shall provide access to draft documents of territorial planning of the Russian Federation, documents of territorial planning of two and more subjects of the Russian Federation, documents of territorial planning of the subject of the Russian Federation, documents of territorial planning of municipalities and materials on reasons for such projects in information system of territorial planning with use of the official site in Internet network determined by the federal executive body authorized on control of observance of procedure for maintaining information system of territorial planning (further for the purpose of this Chapter - the official site), at least in three months prior to their approval, and in cases, 2.1 Articles provided by part 12, parts 5.1 and 5.2 of Article 16, parts 6.1 and 6.2 of Article 21, part 7 of article 25 of this Code, at least in one month prior to their approval.
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