List of works not requiring a construction permit is specified by the Moscow Government

24.09.2012

Legal Update No. 386, 24 September 2012

Goltsblat BLP advises that Resolution of the Moscow Government of 27 August 2012 No. 432-PP "On types, parameters and characteristics of territorial improvement facilities for which no construction permit is required and types of work to alter capital structures and (or) parts thereof, not affecting the design or other characteristics of their reliability and safety, not infringing on third party rights and not exceeding the maximum parameters for permitted construction and reconstruction set by the town-planning plans for the relevant land plots, for which no construction permit is required” (the Resolution) has come into effect.

The Resolution approves two appendices. The first of these determines the types, parameters and characteristics of territorial improvement facilities for which no construction permit is required. These include, in particular:

  • production, warehousing and auxiliary structures without foundations, erected for the period of construction, reconstruction and overhaul of capital structures;
  • pre-fab facilities, including when supplied with electricity and embedded by up to 0.5 m (without foundations or connection to water supply, sewerage, gas and heat supply).

The second appendix lists the types of work to alter capital structures and (or) parts thereof for which no construction permit is required. These include, for example:

  • disassembly (including partial) of partitions and non-load-bearing walls,
  • installation of new partitions and non-load-bearing walls,
  • installation of new apertures in partitions, non-load-bearing walls and ceilings, including installation of internal staircases without installation of equipment for lifts, escalators, travelators, and the like, without increasing the permitted loads and changing the nature of their application, disrupting the strength and stability of load-bearing elements of a capital structure that might result in its collapse, or violating any other reliability or safety characteristics.

The Resolution states that location of the infrastructure facilities and performance of the works listed in the Resolution is permitted given a positive opinion on the technical condition of the capital structure and the possibility of performing the planned works, executed by a design organisation that has a certificate of access to the given types of work, issued by a Self-regulating Organisation. Let us note that the Town-planning Code of the Russian Federation makes no mention of the possibility of establishing such a condition (requirement).

If you have any question or would like more detailed information, please contact: Vitaly Mozharowski, Partrer, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Vitaly.Mozharowski@gblplaw.com; Yuri Chernobrivtsev, Partrer, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 44, or by e-mail Yuri.Chernobrivtsev@gblplaw.com; or Maxim Popov, Associate Director, Real Estate & Construction, Goltsblat BLP, by phone +7 495 287 44 4, or by e-mail Maksim.Popov@gblplaw.com.

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