Comprehensive amendments made to the Russian Town-Planning Code
In the second half of 2018, the Russian Town-Planning Code underwent significant changes. The main amendments are as follows:
- The Code has been supplemented with chapter 6.4 regulating the procedure for demolishing capital construction facilities. The provisions require membership in a construction SRO for persons who demolish capital construction facilities, allow for a land plot to be seized from its owner who failed to demolish or legalize the unauthorized building in accordance with the established procedure, and obligate local authorities to demolish an unauthorized building if its owner has not been identified.
- Starting from 1 January 2019, the design assignment and project documentation must refer to a facility from the special classifier of capital construction facilities. It is impossible to comply with the provision on 1 January 2019, because the classifier is still being developed.
- The Russian Government has gained new powers to develop a format of design documentation and is now able to differentiate the composition of and requirements for the content of the sections of such design documentation depending on the type of a capital construction facility, its designation or the type of construction work planned.
- Further, starting from 1 January 2019, the scope of design documentation has been expanded. The design documentation must be brought into line with the requirements of anti-terror protection of the facility or a technical assignment of the developer or of the technical customer.
- The list of documents to be included in public information systems to secure town-planning activity has been expanded. Starting from 1 January 2019, information regarding the results and materials of engineering surveys must also be included in such information systems. Simultaneously, the Code of Administrative Offences has been supplemented with article 9.5.2 providing for liability for the failure to submit information into such systems.
(Federal Law No. 340-FZ ‘On amending the Russian Town-Planning Code and certain items of Russian legislation’ dated 3 August 2018;
Federal Law No. 342-FZ ‘On amending the Russian Town-Planning Code and certain items of Russian legislation’ dated 3 August 2018)