ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 17, 2017 No. 578

About approval of Rules of approval of inclusion in borders of the built-up territory concerning which the local government body of the city district, settlements makes the decision on development, the parcels of land and objects of the utility, social, transport infrastructures which are in property of the Russian Federation, subjects of the Russian Federation, municipal districts located on them

According to part 4 of article 46.1 of the Town-planning code of the Russian Federation the Government of the Russian Federation decides:

Approve the enclosed Rules of approval of inclusion in borders of the built-up territory concerning which the local government body of the city district, settlements makes the decision on development, the parcels of land and objects of the utility, social, transport infrastructures which are in property of the Russian Federation, subjects of the Russian Federation, municipal districts located on them.

Approved by the Order of the Government of the Russian Federation of May 17, 2017 No. 578

Rules of approval of inclusion in borders of the built-up territory concerning which the local government body of the city district, settlements makes the decision on development, the parcels of land and objects of the utility, social, transport infrastructures which are in property of the Russian Federation, subjects of the Russian Federation, municipal districts located on them

1. This Rules establish procedure for approval of inclusion in borders of the built-up territory concerning which the local government body of the city district, settlements makes the decision on development (further - the decision), for the parcels of land and objects of the utility, social, transport infrastructures which are in property of the Russian Federation, subjects of the Russian Federation, municipal districts located on them.

2. Before decision making the local government body of the settlement, city district directs the draft decision with appendix of the draft agreement about development of the built-up territory to approval:

a) in territorial authority of Federal Agency for State Property Management - if it is supposed to include the parcels of land and objects of utility, social, transport infrastructures located on them which are in property of the Russian Federation in borders of the built-up territory concerning which the draft decision is prepared;

b) in authorized body of the executive authority of the subject of the Russian Federation - if it is supposed to include the parcels of land and objects of utility, social, transport infrastructures located on them which are in property of the subject of the Russian Federation in borders of the built-up territory concerning which the draft decision is prepared;

c) in authorized body of local self-government of the municipal district - if it is supposed to include the parcels of land and objects of utility, social, transport infrastructures located on them which are in property of the municipal district in borders of the built-up territory concerning which the draft decision is prepared.

3. Authorized federal executive body, executive body of the subject of the Russian Federation and local government body refuse approval of the draft decision in the presence of at least one of the following bases:

a) located in the built-up territory concerning which the draft decision, the objects of engineering infrastructure which are respectively in federal property, property of the subject of the Russian Federation, the municipal district is prepared provide functioning in addition to the apartment houses provided by part 3 of article 46.1 of the Town-planning code of the Russian Federation, other capital construction projects;

b) located in the built-up territory concerning which the draft decision, the objects of utility, social, transport infrastructures which are respectively in federal property, property of the subject of the Russian Federation, the municipal district is prepared are not intended for ensuring life activity of the citizens living in the apartment houses provided by part 3 of article 46.1 of the Town-planning code of the Russian Federation;

c) demolition or reconstruction of objects of the utility, social or transport infrastructures which are respectively in federal property, property of the subject of the Russian Federation, the municipal district, taking into account actions for construction, reconstruction of objects of the specified infrastructures according to the draft agreement about development of the built-up territory will lead to decrease in the actual indicators of security of the territory with objects of utility, social, transport infrastructures and (or) actual indicators of territorial availability of the specified objects to the population;

d) the objects of utility, social or transport infrastructures which are respectively in federal property, property of the subject of the Russian Federation, the municipal district are objects of federal, regional or local importance.

4. The refusal in approval of the draft decision on other bases which are not specified in Item 3 of these rules including because of not receipt from federal executive body, executive body of the subject of the Russian Federation, local government body of the municipal district of notifications on availability of the bases for refusal in the approval of the draft decision and documents confirming availability of such bases according to Item 5 of these rules, is not allowed.

5. If the parcels of land and (or) objects of utility, social, transport infrastructures located on them which are in property of the Russian Federation, subjects of the Russian Federation, municipal districts are provided to the state or municipal companies, the public or local government offices and (or) assigned to the specified companies, organizations on the right of economic maintaining, operational management, the executive bodies specified in Item 2 of these rules, local government bodies (further - the approving bodies) no later than 5 working days from the date of receipt of the draft decision send inquiries for availability of stipulated in Item 3 these rules of the bases for refusal in approval of the draft decision respectively to federal executive body, executive body of the subject of the Russian Federation, local government body of the municipal district, under which authority the specified companies, organizations are. The notification on availability of the bases for refusal in approval of the draft decision of application of documents confirming availability of such bases shall be sent to the approving body no later than 5 working days from the date of receipt of the requests specified in this Item.

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