Yet another grace period for territories without Land Use and Development Rules (PZZ)

29.06.2017

Legal Update No. 602

Goltsblat BLP advises that negative consequences of lacking territorial planning and/or urban development zoning documents have been put off once again.

A new federal law1 stipulates that, in relation to Moscow, the Moscow Region and municipalities where no PZZ were approved as of 1 July 2016, it is not permitted from 31 December 2017 (instead of 1 July 2017) to:

  • Provide public land plots for construction, with a few exceptions2;
  • Change the type of land plot permitted use by the “transition” procedure3;
  • Determine the type of permitted land plot and capital structure use according to the draft territory development plan4;
  •  Issue construction permits5.

By the way, PZZ for Moscow were approved on 28 March 2017, so these provisions are of no major significance for Russia’s capital.

In addition, during urban planning of areas in the Moscow Region and in other cases within municipalities that had no territorial planning documents as of 1 July 2016, it is not permitted from 31 December 2017 (also instead of 1 July 2017):

  • For authorities to decide on land reservation, compulsory purchase or re-categorisation, as well as preparation of area planning documents, in the absence of territorial planning documents;
  • To include land plots within or exclude them from population centres by the “transitional” procedure6.

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1Federal Law No. 124-FZ of 18 June 2017 “On Amendments to Article 3 of the Federal Laws “On Introduction of the Land Code of the Russian Federation” and “On Introduction of the Town-planning Code of the Russian Federation””
2 cl. 14, art. 3 of the Federal Law “On Introduction of the Land Code of the Russian Federation”.
3 cl. 3, part 1, art. 4 of the Federal Law “On Introduction of the Town-Planning Code of the Russian Federation”
4cl. 5, part 1, art. 4 of the Federal Law “On Introduction of the Town-Planning Code of the Russian Federation”
5art. 17.2 of the Federal Law “On Introduction of the Town-Planning Code of the Russian Federation”
6art. 4.1 of the Federal Law “On Introduction of the Town-Planning Code of the Russian Federation”

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