Legal alerts / 19.03.2021

Changes in St. Petersburg’s land use and development rules

On 27 February 2021 a new version of St. Petersburg’s land use and development rules (theLand Rules”) approved by Resolution 85[1] came into force.

Transitional provisions / effect of formerly approved territorial planning documentation

(i) If a decision to prepare territorial planning documentation[2] was made between 29 July 2019 and 27 February 2021,

the territorial planning documentation is checked and approved in line with town-planning regulations that were in effect on the date of the decision to prepare the territorial planning documentation[3].

(ii) If a favourable expert report was obtained for the design documentation before 27 February 2021,

there is no requirement to bring the design documentation into compliance with the requirements of the town-planning regulations set in Resolution 85[4].

(iii) If territorial planning documentation was approved before to the Land Rules[5] (amendments to the Land Rules) came into force (the “Formerly approved territorial planning documentation”),

  • General rule:

The Formerly approved territorial planning documentation shall apply without being brought into compliance with the Land Rules (amendments to the Land Rules) unless otherwise stipulated by a law of St. Petersburg[6]. We remind you that the previous version of the Land Rules had a requirement to bring Formerly approved territorial planning documentation into compliance with the Land Rules by the end of the planning period for the General Plan[7].

  • Exclusion:

The Formerly approved territorial planning documentation within the boundaries of territories of integrated development is invalid[8] and not taken into account when preparing territorial planning documentation for integrated development of the territory done in accordance with the Town-Planning Code of the Russian Federation[9]. Please note that the new version of the Land Rules extended the list of integrated development territories to include other territories[10].

  • Correlation between the Formerly approved territorial planning documentation within combined cultural heritage object protection zones (the “Formerly approved territorial planning documentation of protection zones”) and the Land Rules:

(i) If the Formerly approved territorial planning documentation of protection zones is inconsistent with the Land Rules (amendments to the Land Rules) in terms of parameters of permitted construction/reconstruction for which the Law on Protection Zones[11] sets requirements to the town-planning regulations and/or land use regimes, then the Land Rules[12] apply.

(ii) If the Formerly approved territorial planning documentation of protection zones complies with the Land Rules’ parameters of permitted construction/reconstruction for which the Law on Protection Zones sets requirements to the town-planning regulations as well as to land use regimes, then the Formerly approved territorial planning documentation of protection zones applies without being brought into compliance with the Land Rules (amendments to the Land Rules) unless otherwise stipulated by a law of St. Petersburg[13].

If the above Formerly approved territorial planning documentation of protection zones is inconsistent with the Land Rules in terms of land plots’ permitted use types and capital structures, maximum/minimum dimensions of land plots, maximum/minimum parameters of permitted construction/reconstruction, for which the Law on Protection Zones does not set requirements to town-planning regulations, then the Formerly approved territorial planning documentation of protection zones applies without being brought into compliance with the Land Rules (amendments to the Land Rules) unless otherwise stipulated by a law of St. Petersburg[14].

  • Correlation between the Formerly approved territorial planning documentation and the Land Rules within the boundaries of separate territories

(i) If the Formerly approved territorial planning documentation is inconsistent with the Land Rules (amendments to the Land Rules) for the territories for which agreement on integrated territory development for housing construction was concluded before 1 March 2015, then during the period of the agreement the Formerly approved territorial planning documentation applies without being brought into compliance with the Land Rules (amendments to the Land Rules)[15];

(ii) If the Formerly approved territorial planning documentation is inconsistent with the Land Rules (amendments to the Land Rules) for the territories for which agreements on development of building areas are concluded within the implementation of a building areas development program, then during the period of such agreements the Formerly approved territorial planning documentation applies without being brought into compliance with the Land Rules (amendments to the Land Rules)[16].

Changes in territorial zoning

(i) A new territorial zone TP3-3, i.e., a recreational zone with sanatorium facilities and engineering infrastructure, was introduced in the new version of the Land Rules.

(ii) There are changes in the territorial zoning of several areas, mainly related to the change of the territorial zone to a new zone allowing for residential construction (for example, in the Vyborgsky, Krasnogvardeysky, and Kronstadtsky districts).

Other changes

(i) The maximum height parameters were increased in some areas in the Moskovsky and Vyborgsky districts.

(ii) The minimum acceptable green area parameter was reduced to 20% of the land area for such types of permitted uses as sports and entertainment events, indoor sports, water sports, air sports, and funeral activities[17].

(iii) The list of territories within whose boundaries integrated and sustainable development activities are to be carried out was extended. In particular, such territories include those in the Primorsky, Petrodvortsovy, Krasnoselsky, Nevsky and Moskovsky districts.

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We recommend that you review the new version of the Land Rules and take the amendments into account when carrying out activity on your land plots.

 

[1]     St. Petersburg Government Resolution of 26 February 2021, No. 85, “On amendment of St. Petersburg Government Resolution of 21 June 2016, No. 524”.

[2]     Hereinafter – territorial development plan, territorial demarcation plan.

[3]     Item 2 of Resolution 85. The provision is in effect until 1 March 2022.

[4]     Item 4 of Resolution 85. The provision is in effect until 1 March 2022.

[5]     The Land Rules were initially approved by the St. Petersburg Government Resolution of 21 June 2016, No. 524, “On land use and development rules in St. Petersburg” and came into force on 30 June 2016.

[6]     Item 4.5 of Annex 1 to the Land Rules.

[7]     According to Item 2 of St. Petersburg Government Resolution of 8 February 2021, No. 52,  “On amendment of St. Petersburg Government Resolution of 14 September 2016, No. 795”, the Committee for Architecture and Urban Development of St. Petersburg shall develop and submit amendments to the General Plan of St. Petersburg for consideration by 21 December 2021.

[8]     Thus, construction permits issued before the new Land Rules came into force remain effective during the period indicated in those construction permits. However, if they are renewed or the assignment of rights to third parties is reissued, the construction permits continue in effect until they are amended or expire, or other circumstences terminating them occur.

[9]     Item 4.7 of Annex 1 to the Land Rules.

[10]   Annex 6 to the Land Rules.

[11]   Hereinafter – St. Petersburg Law of 19 January 2009, No.820-7, “On the boundaries of combined cultural heritage object protection zones on the territory of St. Petersburg, land use regimes and requirements to town-planning regulations in the boundaries of these zones”.

[12]   par. 1 of Item 4.6 of Annex No. 1 to the Land Rules.

[13]   par. 3 of Item 4.6 of Annex No. 1 to the Land Rules.

[14]   par. 4 of Item 4.6 of Annex No. 1 to the Land Rules.

[15]   Item 4.5 of Annex No. 1 to the Land Rules.

[16]   Item 4.5 of Annex No. 1 to the Land Rules.

[17]   In the previous version of the Land Rules the green area parameter for such types of permitted use was 40% of land plot area.

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