FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 3, 2016 No. 372-FZ

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

Accepted by the State Duma on June 24, 2016

Approved by the Federation Council on June 29, 2016

Article 1

Bring in the Town-planning code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 16; 2006, No. 1, Art. 10, 21; No. 31, Art. 3442; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 31, Art. 4012; No. 46, Art. 5553; No. 50, Art. 6237; 2008, No. 20, Art. 2251, 2260; No. 29, Art. 3418; No. 30, Art. 3604, 3616; 2009, No. 48, Art. 5711; 2010, No. 31, Art. 4195, 4209; No. 48, Art. 6246; No. 49, Art. 6410; 2011, No. 13, Art. 1688; No. 14, Art. 1651; No. 17, Art. 2310; No. 27, Art. 3880; No. 29, Art. 4281; No. 30, Art. 4563, 4590, 4591, 4594; No. 49, Art. 7015; 2012, No. 26, Art. 3446; No. 30, Art. 4171; No. 31, Art. 4322; No. 47, Art. 6390; No. 53, Art. 7614, 7619, 7643; 2013, No. 9, Art. 874; No. 14, Art. 1651; No. 23, Art. 2871; No. 27, Art. 3477, 3480; No. 30, Art. 4040, 4080; No. 43, Art. 5452; No. 52, Art. 6983; 2014, No. 14, Art. 1557; No. 16, Art. 1837; No. 19, Art. 2336; No. 26, Art. 3377, 3386; No. 27, Art. 3880; No. 30, Art. 4218, 4220, 4225; No. 43, Art. 5799, 5804; No. 48, Art. 6640; 2015, No. 1, Art. 9, 11; No. 27, Art. 3967; No. 29, Art. 4339, 4342, 4350, 4378, 4389; No. 48, Art. 6705; 2016, No. 1, Art. 79) following changes:

1) in Article 1:

a) in Item 16 the word "repair;" shall be replaced with words "repair. The builder has the right to transfer the functions, stipulated by the legislation about town-planning activities, to the technical customer;";

b) state Item 17 in the following edition:

"17) self-regulatory organization in the field of engineering researches, architectural and construction designing, construction, reconstruction, capital repairs 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, capital repairs of capital construction projects under the contracts on accomplishment of engineering researches, on preparation of the project documentation, on construction, reconstruction, capital repairs 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 capital repairs of common property in apartment houses (further - the regional operator);";

c) state Item 22 in the following edition:

"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, capital repairs 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 preparation of the project documentation, construction, reconstruction, capital repairs of capital construction projects, the 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, capital repairs of capital construction projects, except as specified, 2.1 Articles provided by part 47, part 4.1 Articles 48, part 2.2 Articles 52 of this Code;";

2) regarding the 4th Article 4 of the word "the termination of the right of self-regulatory organizations in the field of engineering researches, architectural and construction designing, construction, reconstruction, capital repairs of capital construction projects on issue of certificates on the admission to works on engineering researches, on preparation of the project documentation, on construction, reconstruction, capital repairs of capital construction projects which exert impact on safety of capital construction projects (further also - works which exert impact on safety of capital construction projects)" shall be replaced with words "loss of the status of self-regulatory organizations in the field of engineering researches, architectural and construction designing, construction, reconstruction, capital repairs of capital construction projects";

3) in Item 3.1 of part 1 of Article 6 of the word", the certificates on the admission having the right of issue to works which exert impact on safety of capital construction projects (further also - the state register of self-regulatory organizations)" to exclude;

4) in Article 46.8:

a) to state Item 2 of part 1 in the following edition:

"2) membership in self-regulatory organizations in the field of engineering researches, architectural and construction designing, construction, reconstruction, capital repairs of capital construction projects;";

b) in Item 2 of part 6 of the word", with indication of data on availability at the applicant of the certificate on the admission to works on the organization of construction, reconstruction, capital repairs of capital construction projects which construction is provided by the agreement on development of the territory for the purpose of construction of housing of economy class or the agreement on complex development of the territory for the purpose of construction of housing of economy class, the right on which conclusion is auction subject", to exclude;

5) in Article 47:

a) state part 2 in the following edition:

"2. Works on the agreements on accomplishment of engineering researches signed with the builder, the technical customer or person who received according to the Land code of the Russian Federation permission to use of lands or the parcel of land which is in the state-owned or municipal property for accomplishment of engineering researches (further also - works agreements on accomplishment of engineering researches), shall be carried out only by individual entrepreneurs or legal entities who are members of self-regulatory organizations in the field of engineering researches if other is not provided by this Article. Accomplishment of engineering researches under such agreements is provided with specialists in the organization of engineering researches (chief project engineers). Works on the agreements on accomplishment of engineering researches signed with other persons can be carried out by the individual entrepreneurs or legal entities who are not members of such self-regulatory organizations.";

b) add with part 2.1 following of content:

"2.1. Membership in self-regulatory organizations in the field of engineering researches is not required:

1) state and municipal unitary enterprises, including the state and municipal state companies, the public and local government offices in case of the conclusion them works agreements on accomplishment of engineering researches with the federal executive bodies, the state corporations performing normative legal regulation in the respective area, public authorities of subjects of the Russian Federation, local government bodies under which authority such companies, organizations, or in case of accomplishment by such companies, organizations of functions of the technical customer on behalf of the specified federal executive bodies, the state corporations, public authorities of subjects of the Russian Federation, local government bodies are;

2) the commercial organizations in which authorized (share) capital the share state and municipal unitary enterprises, the public and local autonomous institutions constitutes more than fifty percent, in case of the conclusion such commercial organizations of works agreements on accomplishment of engineering researches with the specified companies, organizations, and also with federal executive bodies, the state corporations, public authorities of subjects of the Russian Federation, local government bodies which are stipulated in Item 1 this part and under which authority the specified companies, organizations, or in case of accomplishment of functions of the technical customer by such commercial organizations on behalf of the specified companies, organizations, federal executive bodies, the state corporations, public authorities of subjects of the Russian Federation, local government bodies are;

3) the legal entities created by public legal entities (except for legal entities, stipulated in Item 1 this part), in case of the conclusion the specified legal entities of works agreements on accomplishment of engineering researches in the established fields of activity (in areas for the purposes of implementation of activities in which such legal entities are created), and also the commercial organizations in which authorized (share) capital the share of the specified legal entities constitutes more than fifty percent, in case of the conclusion such commercial organizations of works agreements on accomplishment of engineering researches with the specified legal entities or in case of accomplishment of functions of the technical customer by such commercial organizations on behalf of the specified legal entities;

4) legal entities in whose authorized (share) capital the share of public legal entities constitutes more than fifty percent, in case of the conclusion the specified legal entities of works agreements on accomplishment of engineering researches with federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies in which established fields of activity the specified legal entities perform authorized activities, or in case of accomplishment by the specified legal entities of functions of the technical customer on behalf of these federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies, and also the commercial organizations in which authorized (share) capital the share of the specified legal entities constitutes more than fifty percent, in case of the conclusion such commercial organizations of works agreements on accomplishment of engineering researches with the specified federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies, legal entities or in case of accomplishment of functions of the technical customer by such commercial organizations on behalf of the specified federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies, legal entities.";

c) state part 3 in the following edition:

"3. The builder, person who received according to the Land code of the Russian Federation permission to use of lands or the parcel of land which is in the state-owned or municipal property for accomplishment of engineering researches, either the individual entrepreneur or the legal entity who signed the works agreement on accomplishment of engineering researches can be persons which are carrying out engineering researches. Person which is carrying out engineering researches bears responsibility for completeness and quality of engineering researches and their compliance to requirements of technical regulations. The builder or person who received permission to use of lands or the parcel of land which is in the state-owned or municipal property according to the Land code of the Russian Federation, for accomplishment of the engineering researches having the right to execute engineering researches independently provided that such persons are members of self-regulatory organization in the field of engineering researches, or with involvement of other persons according to the works agreement on accomplishment of engineering researches.";

6) in Article 48:

a) state part 4 in the following edition:

"4. Works on the agreements on preparation of the project documentation signed with the builder, the technical customer, person responsible for operation of the building, construction, the regional operator (further also - works agreements on preparation of the project documentation), shall be carried out only by individual entrepreneurs or legal entities who are members of self-regulatory organizations in the field of architectural and construction designing if other is not provided by this Article. Performance of works on preparation of the project documentation under such agreements is provided with specialists in the organization of architectural and construction designing (chief project engineers, the chief architects of projects). Works on the agreements on preparation of the project documentation signed with other persons can be carried out by the individual entrepreneurs or legal entities who are not members of such self-regulatory organizations.";

b) add with part 4.1 following of content:

"4.1. Membership in self-regulatory organizations in the field of architectural and construction designing is not required:

1) state and municipal unitary enterprises, including the state and municipal state companies, the public and local government offices in case of the conclusion them works agreements on preparation of the project documentation with the federal executive bodies, the state corporations performing normative legal regulation in the respective area, public authorities of subjects of the Russian Federation, local government bodies under which authority such companies, organizations, or in case of accomplishment by such companies, organizations of functions of the technical customer on behalf of the specified federal executive bodies, the state corporations, public authorities of subjects of the Russian Federation, local government bodies are;

2) the commercial organizations in which authorized (share) capital the share state and municipal unitary enterprises, the public and local autonomous institutions constitutes more than fifty percent, in case of the conclusion such commercial organizations of works agreements on preparation of the project documentation with the specified companies, organizations, and also with federal executive bodies, the state corporations, public authorities of subjects of the Russian Federation, local government bodies which are stipulated in Item 1 this part and under which authority the specified companies, organizations, or in case of accomplishment of functions of the technical customer by such commercial organizations on behalf of the specified companies, organizations, federal executive bodies, the state corporations, public authorities of subjects of the Russian Federation, local government bodies are;

3) the legal entities created by public legal entities (except for legal entities, stipulated in Item 1 this part), in case of the conclusion the specified legal entities of works agreements on preparation of the project documentation in the established fields of activity (in areas for the purposes of implementation of activities in which the specified legal entities are created), and also the commercial organizations in which authorized (share) capital the share of the specified legal entities constitutes more than fifty percent, in case of the conclusion such commercial organizations of works agreements on preparation of the project documentation with the specified legal entities or in case of accomplishment of functions of the technical customer by such commercial organizations on behalf of the specified legal entities;

4) legal entities in whose authorized (share) capital the share of public legal entities constitutes more than fifty percent, in case of the conclusion the specified legal entities of works agreements on preparation of the project documentation with federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies in which established fields of activity the specified legal entities perform authorized activities, or in case of accomplishment by the specified legal entities of functions of the technical customer on behalf of these federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies, and also the commercial organizations in which authorized (share) capital the share of the specified legal entities constitutes more than fifty percent, in case of the conclusion such commercial organizations of works agreements on preparation of the project documentation with the specified federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies, legal entities or in case of accomplishment of functions of the technical customer by such commercial organizations on behalf of the specified federal executive bodies, public authorities of subjects of the Russian Federation, local government bodies, legal entities.";

c) state part 5 in the following edition:

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