List clarified of authorities issuing construction and commissioning permits.

06.03.2012

Legal Update No. 334

Goltsblat BLP advises that Russian Government Resolution No. 92 of 6 February 2012 "On the Federal Executive Authority Issuing Construction Permits and Capital Structure Commissioning Permits" (hereinafter "Resolution No. 92") and Russian Government Resolution No. 110 of 9 February 2012 "On the Federal Executive Authority Issuing Construction Permits and Marine and Internal Water Transport Commissioning Permits" (hereinafter "Resolution No. 110") have been approved.

Under the general rules prescribed by part 4, article 51 and part 2, article 55 of the Town Planning Code of the Russian Federation, construction and commissioning permits are issued by the local government authority at the location of the land plot, except for a number of cases. In furtherance of these provisions, the Russian Government has determined that:

1) the Russian Ministry for Regional Development is the federal executive authority empowered to issue construction permits and capital structure commissioning permits (other than capital structures for which the construction permits are issued by other federal executive authorities):

  • if it is planned to build or reconstruct a capital structure on the territory of two or more constituent entities of the Russian Federation, including a linear facility, on the territory of a closed territorial unit, the boundaries of which do not coincide with those of the constituent entities of the Russian Federation;
  • for class 1 and 2 hydraulic structures installed in accordance with the legislation on safety of hydraulic structures, airports, and other aviation and public railway infrastructures, embassies, consulates and missions of the Russian Federation abroad, security and defence facilities, space infrastructure, facilities ensuring the status and defence of the Russian State Border, facilities information about which constitutes a state secret, border crossing and border territory communication lines, facilities to be constructed or reconstructed on the continental shelf of the Russian Federation, on inland seas or the territorial waters of the Russian Federation, other than the exclusive economic zone of the Russian Federation.

These provisions are stipulated by Resolution No. 92.

2) The Federal Agency for Marine and River Transport is the federal executive authority empowered to issue construction and commissioning permits:

  • for a seaport infrastructure, constituting a capital structure designed for commercial vessel servicing, comprehensive servicing of the fishing fleet, passengers, cargo operations, as well as for other services generally rendered at a seaport and cooperation with other transport, that is to be constructed or reconstructed on inland seas or the territorial waters of the Russian Federation, including port hydraulic structures;
  • for class 1 and 2 hydraulic structures constituting capital structures and belonging to the inland waterway infrastructure.

These provisions are stipulated by Resolution No. 110.

For additional information, please contact:

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

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

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