Another postponement to adverse effects of no town-planning documents

15.01.2013

Legal Update No. 400, 15 January 2012

Goltsblat BLP advises that Federal Laws dated 30 December 2012 No. 289-FZ “On Amending the Town Planning Code and Certain Other Legislative Acts of the Russian Federation” (“Law No. 289”) and No. 290-FZ “On Amending the Federal Law 'On Facilitating Development of Residential Construction' and Certain Legislative Acts of the Russian Federation” (“Law No. 290”) have been adopted. These Laws once again postpone the adverse effects of absence of town-planning documents.

1. Prohibition on providing land plots out of state- or municipally-owned land and on issuing construction permits in the absence of land use and development rules will come into force:

  • in Moscow and the Moscow Region — on 31 December 2014;
  • in other regions:
    • for municipalities — on 30 June 2013;
    • for urban localities and districts — on 31 December 2013;
  • for federally-owned land plots and land plots belonging to the Federal Fund for Facilitating Development of Residential Construction and used for the purposes stipulated by Federal Law No. 161-FZ “On Facilitating Development of Residential Construction” of 24 July 2008 — on 31 December 2016.

2. The validity of the rules relating to the procedure for changing the permitted use of land plots and capital structures and specification of the permitted use type in territory development plans (article 4 of the Federal Law “On Enactment of the Land Code of the Russian Federation” dated 29 December 2004) will be extended for the same term.

3. Federal Law No. 290-FZ expressly specifies that, until 31 December 2014, in the course of town-planning activities in the Moscow Region, it is permitted to make decisions on land reservation, seizure (including by purchase) of land plots for state or municipal needs, re-categorisation of land plots and preparation of documents in connection with territory planning in the absence of relevant territorial planning documents.

4. Law No. 289-FZ clarifies the consequences of absence of territorial planning documents. In particular, unless stated otherwise, from 31 December 2012, in the absence of a master plan for an urban district or locality and a territorial planning layout for a municipality, it is not permitted to make decisions on land re-categorisation for purposes not relating to the location of facilities of federal and regional significance, or facilities of local significance held by municipalities. If the documents mentioned above are unavailable, it is also not permitted to prepare territorial planning documents.

These provisions will not apply to preparing territorial planning documents in cases not providing for locating facilities of federal and regional significance and facilities of local significance held by municipalities up to 31 March 2013 — for urban community territories and up to 31 December 2013 — for rural community territories. In any case, it is permitted to prepare draft boundary surveys of developed territories and land plot development plans at the request of individuals or legal entities.

5. Law No. 290-FZ extends the validity of article 4.1 of the Federal Law “On Enactment of the Land Code of the Russian Federation” dated 29 December 2004, which establishes a simplified procedure for including land plots within the boundaries of population centres:

  • up to 31 December 2014 — for municipalities of the Moscow Region; and
  • up to 31 December 2016 — for the purposes provided for in Federal Law No. 161-FZ “On Facilitating Development of Residential Construction”.

Please remember that this simplified procedure is no longer available for other regions and purposes from 31 December 2012.

6. The term during which land plot development plans may be used for construction of linear facilities has been extended for a year (up to 31 December 2013). Subsequently, development plans and draft boundary surveys should be approved.

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

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