Changes to use of cultural heritage buffer zones.

09.11.2010

Legal update No. 189

Goltsblat BLP advises that Resolution of the Government of the Russian Federation of 5 October 2010 No. 794 amends the regulations on buffer zones around historical and cultural monuments constituting the cultural heritage of the peoples of the Russian Federation. Organisation of such zones is made the responsibility of the state authorities of constituent entities of the Russian Federation and local government bodies.

Use of cultural heritage buffer zones is now subject to additional requirements:

  • the monuments must be visible in their historical-town-planning and natural surroundings;
  • traditional land plot boundaries must be maintained and changes to them, during development and division of land plots, are restricted.

When the historical and cultural significance category of a monument is changed, the previously approved boundaries of its buffer zone are maintained and the rules governing land use and town-planning regulations apply within these zones.

Regulations have also been introduced governing application for a permit to depart from the maximum parameters of permitted construction or renovation of capital structures on land plots within cultural heritage buffer zones.  If such land plots fall within the buffer zones of monuments of regional or local significance, the given permits are issued by state authorities of the relevant constituent entity of the Russian Federation.  If the monuments are of federal significance, permission is also needed from the Federal Service monitoring observance of the cultural heritage protection legislation.  The amendments require such permits to be obtained before any public hearings are held.

The amendments came into effect on 23 October 2010.

For additional information, please contact:


Vitaly Mozharowski, Partner, Real Estate and Construction,Goltsblat BLP;
T: +7 (495) 287 44 44,
E: info@gblplaw.com

Elena Barinova, Partner, Real Estate Investment and Finance,Goltsblat BLP;
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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