Town-planning Legislation Developments

07.09.2016

Legal Update No. 576

Goltsblat BLP advises that Federal Law No. 368-ФЗ dated 3 July 2016 “On Amendments to the Town-Planning Code of the Russian Federation” came into effect on 1 September 2016. The law modifies the legal rules for design documentation expert reviews:

1. The new concept of “modified design documentation” is introduced for documentation to which changes not affecting reliability and safety properties are made following state expert review approval.

The changes may not push up the construction cost estimate in comparable prices in instances when the design documentation concerns a property to be constructed, re-constructed or overhauled at government expense or at that of a legal entity owned more than 50% by the Russian Federation, a constituent entity or a municipality of the Russian Federation.

2. Modified design documentation status is to be confirmed by an opinion of the executive authority or organisation that performed the initial expert review. Such an opinion will be issued in the manner and format approved by the Russian Ministry of Construction.

3. No design documentation expert review is required when:

(1) a construction permit is not needed or

(2) modified design documentation is used.

In the latter case, the above opinion is to be submitted together with other documents necessary for obtaining a construction or reconstruction permit.

4. A Unified State Register for Expert Review Opinions on capital structure design documentation is to be launched. The Register will be maintained by the Ministry of Construction or a subordinate institution, though no exact timeline for launching the Register has been fixed.

Once it is launched, no expert review opinions will be issued until their details are entered in the Register.

5. Another new term is re-usable design documentation, meaning design documentation that

  • earned expert review approval and
  • may be used to produce design documentation for construction of a capital structure with a similar purpose and design capacity.

Use of cost-effective re-usable design documentation is mandatory (with a few exceptions) for properties constructed at the expense of a government authority or municipality or a legal entity more than 50% owned by the Russian Federation, a constituent entity or a municipality of the Russian Federation. The cost-effectiveness criteria are determined by the Russian Government.

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