The law on highways: conditions for using utilities, highway services facilities and advertising structures.

05.09.2011

Legal Update No. 269.

Goltsblat BLP advises that Federal Law No. 193-FZ dated 11 July 2011“On Amendments to the Federal Law ‘On Highways and Highway Activities in the Russian Federation and On Amendments to Individual Legislative Acts of the Russian Federation’ and Individual Legislative Acts of the Russian Federation” has set new conditions for using utilities, highway services facilities, and advertising structures located on the highway dedication or road shoulders.

1. Utilities are to be (re)constructed, moved, and used within:

  • the highway dedication - subject to agreements between utilities owners and highway owners and building permits (if required);
  • road shoulders - with the written consent of the highway owners and subject to building permits (if required).

These agreements should stipulate specifications and terms binding on utilities owners.

If utilities are moved and used by their owner without the above mentioned documents or in contravention of the binding specifications and terms, their use will have to be halted and any facilities demolished at the request of the state construction supervision authorities and (or) highway owners.  Otherwise, the highway will be returned to its initial state at the expense of the utilities owner.

2. Legal formalities with respect to land plots within highway dedications (except for private highways):

  • land  plots within the highway dedication intended for (re)construction, renovation, overhaul and operation of highway services facilities or installation and operation of advertising structures may be used under private easement. Private Easement Agreements should be signed by the highway owners and approved by the bodies authorised to assign land plots to the highway owners.  Previously, highway dedication land plots could not be allocated for installation and use of advertising structures;
  • land  plots within the highway dedication intended for (re)construction, transfer and use of utilities may be regulated by public easement. Bodies authorised to allocate land plots to highway owners will be entitled to establish public easement following an application from the utilities owners (the Federal Highways Agency [Rosavtodor] will perform this function for land plots within the highway dedication of federal public highways).

The highway owner may demand termination of the public easement in court if the easement holder has not been fulfilling the relevant duties for 3+ years or has violated the regulations.

Establishment of an easement does not require termination of permanent (unlimited) land use rights.  Easements granted for 12 months or more are subject to state registration.

The Law sets a transition period up to 1 January 2013,  during which owners of highway dedications, roadside utilities (apart from private highways), highway service facilities and highway dedication advertising structures (apart from private highways) are to obtain land plot easement. In addition, this period is provided to utilities owners for signing the requisite agreements/obtaining the highway owners’ consent containing binding specifications and terms.

From 1 January 2013, entities that use utilities without the above-mentioned agreements or consent will be hold administratively liable.

Federal Law No. 193-FZ came into effect on 15 July 2011.

For additional information, please contact:

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

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

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