A hot summer: recent developments in land and town-planning laws
Bryan Cave Leighton Paisner (Russia) LLP (formerly Goltsblat BLP in Russia) advises that some federal laws have been passed amending the land and town-planning laws.
Federal Law No. 283-FZ dated 2 August 2019 "On Amendments to the Town-Planning Code…"1:
Allows reconfiguration of land plots provided to individuals/legal entities on lease or otherwise in relation to free public lands or land plots. This effectively means that the tenant of a public land plot can now expand its area using adjacent public land – something that only private owners of land plots could do previously.
Increases the number of situations when public hearings or discussions are not required. These now include, for example, a one-time change in the permitted use of a land plot and/or one-time change in the permitted construction limits (by 10% max).
Reduces to 1-3 months (rather than the previous 2-4 months) the time period for public hearings or discussions on land use development rules (or amendments).
Doubles (from 3 to 6 years) the time period during which, after a territory plan (PPT) is approved, a compulsory purchase decision may be made.
Removes a provision adopted less than a year ago designating state expert review as the only type of expert review applicable to design documentation for facilities in restricted use areas. Now developers will once again, as a general rule, be able to choose between a state and non-state expert review.
Adds to the town-planning and land laws provisions designed to promote a consistent legal framework for various types of comprehensive and sustainable territory development activity; the authorities may now pursue comprehensive territory development on their own.
Streamlines the permission procedure for construction of federally, regionally and locally significant facilities. In particular, an expert review of design documentation may now be conducted and a construction permit obtained before the land plot is legally defined and rights to it obtained.
Federal Law No. 151-FZ dated 27 June 2019 “On Amendments to the Federal Law “On Shared Construction of Apartment Blocks and Other Real Estate…”2 provides3 that new GPZU plans4 are not required for newly defined and/or modified land plots if these result from split-up of a land plot for which the GPZU and construction permit are already in place. The GPZU of the original land plot will be used to complete procedures included on the exhaustive lists of construction procedures (including obtaining a construction permit) during the GPZU effective period. Even so, it is not yet clear whether the new rule can be used in practice since Part 21.7, Article 51 of the Town-Planning Code still requires an updated GPZU to be obtained for new land plots in such cases.
1 Federal Law No. 283-FZ dated 2 August 2019 "On Amendments to the Town-Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"
2 Federal Law No. 151-FZ dated 27 June 2019 “On Amendments to the Federal Law “On Shared Construction of Apartment Blocks and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation” and Certain Legislative Acts of the Russian Federation”
3 Part 11, Article 57.3 of the Town-Planning Code
4 Land plot development plans
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