Ministry of Economic Development of Russia Decree No. 846 of December 27, 2016 “On Approval of the Procedure for Considering a Declaration of the Characteristics of a Real Estate Property, including its Form” (registered with the Ministry of Justice on April 3, 2017)
The Decree was adopted as part of developing the legislative regulation of state cadastral valuation.
The form of the declaration of the characteristics of a real estate property and the rules for consideration of the declaration by the budgetary institution empowered to determine cadastral value were approved. The declaration may be filed by the title holders of properties when performing state cadastral valuation and must be taken into account if it is consistent with the information available to and/or obtained by the relevant budgetary institution.
Filing a declaration is a right, not an obligation of title holders. Exercise of this right could potentially help to properly determine the cadastral value of properties and to avoid the need to later challenge the valuation. However, due to the broad language of the grounds not to take the declaration into account (inaccuracy of information contained in the declaration, other sources used by the budgetary institution containing information that refutes the content of the declaration), the declaration can hardly be considered a reliable mechanism for taking title holders' interests into account.
In St. Petersburg, the State Budgetary Institution “Municipal Administration for Cadastral Valuation," which has been assigned the authority to determine cadastral value, started to accept declarations in May 2017.
RF Government Resolution No. 402 of March 31, 2017 “On Approval of the Rules for Conducting Engineering Surveys Needed to Draft Site Planning Documentation, the List of Types of Engineering Surveys Needed to Draft Site Planning Documentation, and on Amendments to RF Government Resolution No. 20 dated January 19, 2006”
Rules for conducting engineering surveys needed to draft site planning documentation are being introduced. It is envisioned that engineering surveys must be conducted to draft site planning documentation in the following cases:
- materials of engineering surveys placed in the ISOGD (urban planning support information system), FGIS TP (federal state information system for site planning), state fund of engineering survey materials and data, EGFD (unified state data fund), plans for integrated use and protection of water bodies and the state water register are insufficient;
- it is not possible to use existing engineering surveys because they are out of date.
The list of engineering surveys needed to draft site planning documentation and the procedure for doing them was also approved.
RF Government Resolution No. 452 of April 17, 2017 “On the Exhaustive List of Procedures in the Construction of Heating Supply Networks and on the Rules for Amending It and Maintaining the Register of Descriptions of Procedures Specified in the Exhaustive List of Procedures in the Construction of Heating Supply Networks”
The Resolution establishes an exhaustive list of procedures in the construction of heating supply networks. The approved list includes, in particular, procedures related to granting rights to a land plot and drafting site planning documentation, to entering into agreements for technological connection properties to utilities; to performance of construction, reconstruction, etc.
The procedure for amending the list of procedures and how the register of procedure descriptions should be kept was also regulated. The register of descriptions of procedures should be published on the official website of the RF Ministry of the Construction Industry, the Housing and Utilities Sector.
The decisions that were made are intended to lower the administrative barriers in town planning and to make procedures for the construction of heating supply networks more transparent.
RF Government Resolution No. 485 of April 22, 2017 “On the Content of Materials and Results of Engineering Surveys to Be Published in the Urban Planning Support Information System (ISOGD), the Federal State Information System for Site Planning (FGIS TP), the State Fund of Engineering Survey Materials and Data, the Unified State Fund of Data on Environmental Condition and Pollution (EGFD), and on the Form and Procedure for Submitting Them”
The content of the materials and results of engineering surveys done to draft site planning documents and to be published in information systems was determined.
Topographical surveys, geological surveys, hydrometeorological and ecological surveys are published in the ISOGD, FGIS TP, state fund of engineering survey materials and data, and also in the EGFD.
State authorities of all levels as well as individuals and legal entities that order work for engineering surveys must submit copies of survey materials and results obtained to the authorities competent to maintain the information systems within five days. The materials are submitted in hard and electronic copies.
Information from the ISOGD, FGIS TP and EGFD is open and public, other than information to which access is restricted by law. The state engineering survey materials and data fund is in the process of being created.
RF Government Resolution No. 542 of May 7, 2017 “On Amending and Repealing Certain Provisions of Acts of the RF Government on Compiling Documents for Technological Connection to Electrical Networks”
This Resolution is a rather technical one: it updates the provisions of certain acts of the RF Government devoted to documentation of the procedure for technological connection to electrical networks. For example, it updates the list of documents to be drawn up in the process of technological connection to electrical networks and the procedure for completing the documents.
At the same time, documents on technological connection duly drawn up before the Resolution entered into force continue to be effective until reissued.
The amendments made by this Federal Law are intended to close legislative gaps in the field of ensuring fire safety, and to further develop the legal institutions of non-state oversight of compliance with fire safety requirements.
In particular, the Federal Law provides for the use of a risk-oriented approach when doing federal state fire oversight: a protected property or land plot is assigned a certain risk category, inter alia, in light of the results of independent fire risk assessment, if such assessment has been done.
The Federal Law also extends the list of those subjects to administrative liability for violating fire safety rules: fire risk assessment experts can now be held liable.
RF Ministry of Construction Decree No. 741/pr of April 25, 2017 “On Approval of the Form of the Land Plot Urban-Development Plan and the Procedure for Completing It”
Adopted in light of major changes to the town-planning legislation in 2016, this Decree approved a new form of the land plot urban-development plan (the "LPUDP").
The list of information to be stated in the LPUDP has been expanded as of July 1, 2017. Now the LPUDP shall contain inter alia information on whether a land plot (or part thereof) is located in zones with special site use conditions (sanitary-protection, preservation, etc.) and on the technical conditions for connecting the properties to utilities.
We note that the LPUDP is essentially an extract from an entire list of documents (the Land Use and Development Rules, the General Plan, Town-Planning Standards, site development plan/site survey plan, etc.) reflecting the parameters set in those documents. Without doubt, including such a scope of information from different sources in a single document makes it easier to do due diligence. However, the likelihood of an error also increases.
Federal Law No. 124-FZ of June 18, 2017 “On Amendments to Article 3 of the Federal Law “On Enactment of the RF Land Code” and the Federal Law “On Enactment of the RF Town-Planning Code”
The effective date of the ban on engaging in town-planning activity without Land Use and Development Rules in a number of RF constituent entities, i.e., the city of Moscow, Moscow Region and municipalities in which land use and development rules had not been adopted by July 1, 2016 has been postponed to December 31, 2017.
So, it will be possible to engage in town-planning activity without approved land use and development rules, including to grant land plots with a main permitted use type providing for the construction of buildings and structures from state and municipally owned land up until December 31, 2017.