New Developments in the Town-planning Legislation.

03.05.2011

Legal Update No. 233.

Goltsblat BLP advises that Federal Law No. 41-FZ dated 20 March 2011 "On Amendments to the Russian Town-planning Code and Individual Legislative Acts of the Russian Federation Relating to Territorial Planning Issues" (the Law) has been adopted.

The most significant changes are as follows:

  1. The deadline for the regulations on the consequences of lack of territorial planning documents and land use and development rules to come into effect has been extended until 31 December 2012, as it has for regulations on the procedure for modifying the type of authorised use of land plots in the absence of land use and development rules and on the procedure for including land plots within the boundaries of population centres.  
  2. To obtain a permit for constructing linear facilities, a layout plan and a boundary survey of the given territory need to be submitted to the competent authority instead of a land plot plan issued by the urban development authorities. This amendment will obviously (at least, during the initial stages) cause new complexities in formalising permission documentation for construction of linear facilities.
  3. Individuals or legal entities may have layout plans, boundary surveys and land plot plans issued by the urban development authorities drawn up at their own expense.  The existing practice has thus been enshrined in law.
  4. Territorial planning procedures, i.e., preparation and approval of territorial planning schemes at the federal, regional and municipal levels, as well as master plans for settlements and urban districts, have been simplified. In particular, the number of approvals in preparation of territorial planning documents has been reduced and the volume of information reflected on the relevant maps has been decreased. Moreover, cases have been envisaged when a local government body of a rural population centre is entitled to decide that no master plan needs to be drawn up.

These changes are evidently intended to accelerate adoption of master plans and other territorial planning documents. 

The Law came into effect on the date of its official publication (25 March 2011), except for certain provisions with other effective dates.

For additional information, please contact:

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

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