Major reforms in shared construction

New possibilities for redevelopment: integrated territory development

Moscow land use and development rules

Changes to the Russian Federation Town-Planning Code

Amendments to laws for utility connection

Amendments to the RF Civil Code

Introduction of the institution of electronic mortgage bonds and other changes in the law on mortgage (pledge of real estate)

Forest amnesty

Restrictions on activity within territories adjacent to an airfield

Procedure for connecting retail facilities to roads

Major reforms in shared construction

Federal Law No. 218-FZ on the Public Law Company for the Protection of Rights of Individuals Who are Shared Construction Participants in the Event of Insolvency (Bankruptcy) of Developers and on Amendments to Certain Legislative Acts of the Russian Federation of July 29, 2017

A number of serious changes occurred in 2017 in shared construction and ended with the adoption of a plan to change the very concept of financing the participation of individual investors in the construction of apartment houses.

The first and most noticeable change was the creation of a specialized compensation fund1 whose aim is to pay funds to individual participants of shared construction if the developer goes bankrupt. The Law establishes that each developer is required to contribute an amount equal to 1.2 percent of the price of each shared construction agreement to the compensation fund no later than three business days before the date the agreement is submitted to Rosreestr for state registration. The duty to make these contributions arose on October 20, 2017, when the compensation fund’s state registration was completed.

The Law establishes a number of new requirements to developers and their activity, namely requirements to the experience of the developer or its “main company” (the developer must have been participating in the construction of apartment houses for at least three years) and to the number of square meters of housing commissioned by it. There are also a number of restrictions, such as the developer not being allowed to construct more than one apartment house under more than one building permit at once and being prohibited from making transactions unrelated to the developer’s core business. In addition, a unified housing construction information system has been created for developers to disclose information2.

The Law also abolished the requirements to the developer’s minimum charter capital depending on the area of the construction (those requirements entered into force earlier in 2017); however, the Law sets other requirements to developers’ financial condition, namely requirements to the amount of developers’ own funds and that a developer have funds on its bank account that are at least 10 percent of the estimated cost of construction.

We note that the new developments described above having to do with developers’ status (other than the duty to make contributions to the compensation fund) will apply only to those developers who engage in construction on the basis of permits received after July 1, 2018.

A meeting of President of Russian Federation with members of the RF Government was held on October 25, 2017 and resulted in the preparation of a list of instructions3 of the RF President to the RF Government on further reforming the institution of shared construction to protect the rights of shared construction participants and increase oversight over developers.

A draft law4 specifying further shared construction reforms was prepared and brought to the RF State Duma on the basis of these instructions of the RF President, and an action plan (“roadmap”) was also developed and approved to gradually replace (within three years) the funds of individuals raised to create apartment houses and other real estate properties with bank loans and other forms of financing minimizing the risks for individuals.

One of the main innovations of the draft law is the introduction of the concept of beneficial owner to the legislation on shared construction: developers will be required to disclose information about individual beneficial owners; and also the introduction of joint and several liability of such individual beneficial owners and developers for losses caused to shared construction participants who are individuals.

For its part, the roadmap is about transitioning to a targeted model of financing shared construction. This model proposes to use three main agreements:

  1. The shared construction agreement under which payment is made only using an escrow account;
  2. The escrow account agreement between the shared construction participant, the developer and the bank as the escrow agent; and
  3. The targeted loan agreement concluded between the bank and the developer under which the construction is financed and which is funded in part using funds on the escrow account.

According to the road map, the process of transitioning to the new financing model will be completed by 2021.

New possibilities for redevelopment: integrated territory development

Federal Law No. 373-FZ on Amendments to the Russian Federation Town-Planning Code and Certain Legislative Acts of the Russian Federation with respect to Improving Regulation of the Preparation, Coordination and Approval of Territorial Planning Documentation and Ensuring Integrated and Sustainable Development of Territories and Repeal of Certain Provisions of Legislative Acts of the Russian Federation of July 3, 2016

Provisions of the RF Town-Planning Code on the new institution of interaction between the local government authorities5 and developers, agreements on integrated territory development (“ITD”), entered into force on January 1, 2017. Lawmakers intend that territories occupied by dilapidated housing and non-functioning industrial zones (the so-called gray belt), which could be more effectively used if redeveloped, should undergo integrated development.

It is anticipated that ITD will be used for both publicly and privately owned land plots. ITD makes it possible to grant publicly owned land plots for infrastructure construction without a tender, and to provide developers with specific incentives. Territories to which ITD can be applied must be shown in the land use and development rules6 (the “PZZ”).

The ITD is possible on the basis of public and public initiative alike (if public, then the ITD agreement is concluded following a public auction). The Law stipulates when the local government authority can make a decision on ITD. For example, if at least 50 percent of the total area of the territory is occupied by land plots on which capital structures (other than apartment houses) that are deemed hazardous and to be demolished are located7.

If an ITD decision is made at the local government authority’s initiative, it is possible for the state to withdraw for public ownership real estate properties that are within the boundaries of the integrated development, and to include real estate properties owned by the Russian Federation, RF constituent entities and municipal districts within the ITD area8.

Together with features of the ITD agreement attractive for developers (for example, the possibility of expedited approval of territorial planning documentation for private initiative ITD), the RF Town-Planning Code contains controversial provisions, in particular, provisions empowering the local government authority to elect not to do ITD if there are no funds to site the infrastructure provided for by the ITD. It seems the “gaps” in the ITD mechanism can be corrected by local legislation and/or the practice of applying these provisions.

Moscow land use and development rules

Moscow Government Resolution No. 120-PP on Approval of the Land Use and Development Rules of Moscow of March 28, 2017

The Resolution approved the land use and development rules for the city of Moscow (“PZZ”), the town-planning zoning document that for all of Moscow9 determines the types of permitted use of land plots and capital structures, and also sets limits on permitted construction and reconstruction of capital structures (the density of development, the maximum number of stories and the maximum height of buildings, the maximum land use ratio).

With the adoption of the PZZ all town-planning activity in Moscow, including the development and approval of territorial planning designs and territorial site designs, must be done only within the parameters set by the PZZ. If any of the parameters set forth in the PZZ do not match the characteristics of the planned project, amendments need to be made to the PZZ and public hearings need to be held. It is precisely on the basis of the information contained in the PZZ that the competent authorities will adopt decisions to withdraw land plots and capital structures, and other land and town-planning related decisions.

Adoption of the PZZ has the following positive aspects for individuals and legal entities that are titleholders of land plots and capital structures:

The possibility of getting objective and accurate information about the town-planning status of a specific area of Moscow

For potential investors the PZZ are a document containing objective and accurate information about the possibility of construction and the parameters of construction in each specific district of the city. Based on the information contained in the PZZ one can obtain information about permitted use types of land plots and capital structures, density of construction, maximum number of stories or maximum height of buildings, and land use ratio. The PZZ also contain information about cultural heritage sites and their protection zones, specially protected natural territories of Moscow and other information.

Titleholders of land plots and capital structures can use the information contained in the PZZ when forming land plots, preparing documents for state registration of title to land plots and capital structures, and preparing information to be entered in the unified state register of real estate (“EGRN”).

The possibility of choosing the most effective types of permitted use of land plots and capital structures

For each area of Moscow the PZZ set forth main, conditionally permitted and auxiliary types of permitted use of land plots and capital structures. Titleholders can choose the main types of permitted use on their own, without additional permissions and approvals. Thus, titleholders of land plots and capital structures will be able to choose the permitted use types that are most effective for them from among the permitted use types set forth in the PZZ.

In the interests of individuals and legal entities the PZZ sets forth the principle of preserving the actual use of land plots and capital structures. Most areas of Moscow are classified in the PZZ as territorial zones of preserved land use. The permitted use types and parameters for permitted construction and reconstruction of capital structures for which the EGRN already contains information are set for land plots and capital structures within the boundaries of such areas. Therefore, the adoption of the PZZ will not affect the regime for using land plots and capital structures located in those areas.

No need to enter changes in the PZZ if the characteristics of land plots and capital structures do not correspond to the parameters set in the PZZ

Another provision of the PZZ intended to protect the interests of titleholders of land plots and capital structures is that land plots and capital structures whose characteristics do not correspond to the parameters set in the PZZ may be used without setting a deadline for bringing them into compliance with the PZZ. The permitted use types of such land plots/capital structures can be changed (reconstruction) only by bringing them into compliance with the parameters set in the PZZ. However, the use of such land plots and capital structures can be prohibited if it is hazardous to human health or life, for the environment or cultural heritage sites.

The development parameters of a number of areas of Moscow set in the PZZ provide investors and titleholders of land plots and capital structures with extensive opportunities to participate in developing them. According to the PZZ, the former industrial areas of Moscow are the first candidates for integrated territory development. Titleholders of land plots and capital structures, as well as potential investors will be able to participate in developing those areas using integrated territory development procedures.

Changes to the Russian Federation Town-Planning Code

Major amendments were made to the RF Town-Planning Code in 2017 by some laws that were adopted earlier but entered into force in 2017.

The following innovations are among the most substantive amendments approved in 2017:

  • The possibility of holding public discussions has been added to the existing public hearing procedure as a form of public oversight of the preparation and approval of territorial planning documentation10. The procedure makes it possible to express public opinion on the documents being considered using the Internet, including via the state and municipal services portal. The Law also establishes requirements to websites intended for public discussions to ensure the discussion participant can check that their position is fully and accurately reflected, get information about the results of the public discussions, the number of participants and so forth. The amendments entered into force on December 29, 2017;
  • The provisions on territorial planning documents for two or more RF constituent entities have been regulated11. For example, the content of the documents, the procedure for preparing and approving them (this is within the authority of governmental authorities of the RF constituent entities in the area of town-planning activity), and for implementing them have been clarified. The existence of an approved territorial planning document for two or more RF constituent entities is not an obstacle, for example, to preparing and approving territorial planning documents for a specific RF constituent entity. These amendments entered into force on January 11, 2018.

We note separately that July 1, 2017 saw the entry into force of amendments12 concerning the activity of self-regulatory organizations (“SRO”).

Notably, entities operating as subcontractors under construction contracts no longer need to be members of a SRO, nor do entities doing work under a construction contract, if the amount of obligations under each such contract does not exceed RUB 3 million, or business entities with at least 50 percent state participation, and others.

It is now also necessary to create a compensation fund to secure contractual obligations in addition to the already existing compensation fund for indemnification if more than 30 members of the SRO intend to participate in procurement of work on a competitive basis (public procurement). The amendments also establish requirements to SRO members, improve the procedure for admitting members to a SRO and the rules for the SRO to monitor the activity of its members.

We also note that in 2017 the following amendments, inter alia, entered into force: (i) establishing an exhaustive list of cases where territorial planning designs and territorial site designs must be prepared, (ii) determining the maximum period information stated in the urban-development plan of a land plot can be used, and (iii) establishing the status of the building permit as a document confirming conformance of design documentation with the territorial planning documents.

Amendments to laws for utility connection

A number of amendments were made in 2017 to regulatory acts covering issues of utility connection of real estate properties:

The amendments13 set forth the specifics of providing services to connect capital structures to heating, gas, electricity, water supply and wastewater disposal systems in the Moscow Region, Moscow and St. Petersburg.

In particular, in order to obtain technical conditions and enter into contracts to connect capital structures to utility systems, the applicant will be able to file a single application via the regional portals of state and municipal services. All of the document management (conclusion of contracts, issuance of technical conditions, statements, etc.) is done electronically.

In addition, the list of information and documents which the applicant submits to the operators has been optimized.

Expert assessment of the results of services must be done by March 1, 2019. If the results justify expectations, the practice may be implemented in other constituent entities of the Russian Federation as well.

The amendments14 set forth 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 territorial planning documentation; to entering into agreements for connecting properties to utilities; to the 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 Construction15.

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.

Amendments were made to regulatory acts establishing the procedure for connecting to centralized hot and cold water supply and wastewater disposal systems16. The amendments are generally intended to simplify those procedures.

For example, when connecting to hot water supply systems the parties are not required to sign a statement of demarcation of operational responsibility and balance sheet attribution.

The connection will be confirmed by the parties signing the certificate of connection of the facility containing information on the balance sheet attribution and operational responsibility.

Amendments have also been made to the standard contracts related to arranging for hot/cold water supply.

The amendments17 are technical: the provisions of certain acts of the RF Government devoted to documentation of the procedure for connection to electrical grids have been updated. For example, the list of documents to be drawn up in the process of connection to electrical grids and the procedure for completing the documents have been updated.

At the same time, connection documents duly drawn up before the Resolution entered into force continue to be effective until reissued.

The amendments made18 have harmonized the rules for connection of capital structures to gas distribution systems with the rules for connection to other utility systems.

Federal Law No. 212-FZ on Amendments to Parts I and II of the Russian Federation Civil Code and Certain Legislative Acts of the Russian Federation of July 26, 2017

New provisions of the RF Civil Code on the escrow agreement are entering into force on June 1, 2018. Under an escrow agreement the depositor undertakes to deposit an asset with the escrow agent to perform the depositor’s obligation to transfer it to another person for whose benefit the asset is being deposited (the beneficiary), while the escrow agent undertakes to keep that asset safe and transfer it to the beneficiary when the grounds specified in the agreement arise.

It is worth noting that such a legal concept as the escrow account agreement already exists in Russian law; however, its use in practice is very limited because only a bank can act as the escrow agent under an agreement, and only non-cash funds can be deposited.

The new provisions of the RF Civil Code on the escrow agreement make it possible to use this concept more widely. For example, the Law does not establish any special requirements to the escrow agent: the parties can choose any legal entity or individual. In practice, notaries, banks or law firms trusted by clients act as such escrow agents.

The list of things that can be deposited has also been substantially expanded. The parties to a transaction can now hand over to the escrow agent movable things (including cash, certificated securities and documents), non-cash funds and uncertificated securities.

So it becomes possible to enter into an escrow agreement using the mutual escrow model in which the parties to the transaction act as the depositor and beneficiary at the same time. This is for situations where each of the parties delivers one or another type of asset in a transaction to an escrow agent. Such a mechanism may be widely used, for example, when structuring real estate sale and purchase transactions using the “share deal” model in which the buyer deposits funds with the escrow agent and the seller deposits shares of the company on whose balance sheet the real estate is recorded.

The Law also provides more details on payment rules. For example, changes have been made to how letters of credit are regulated.

The list of actions the issuing bank must take to perform the letter of credit is now non-exhaustive. Thus, lawmakers have expanded the areas where letters of credit can be used. Moreover, relations between the issuing bank and nominated bank are regulated in more detail in the new version of the RF Civil Code having to do with the regulation of letters of credit. In particular, the nominated bank now has the right to accept or refuse an instruction, there is a procedure for accepting the instruction and a procedure for incurring expenses to take actions to perform the letter of credit, etc. Irrevocability of the letter of credit is now optional.

Introduction of the institution of electronic mortgage bonds and other changes in the law on mortgage (pledge of real estate)

Federal Law No. 328-FZ on Amendments to the Federal Law on Mortgage (Pledge of Real Estate) and Certain Legislative Acts of the Russian Federation of November 25, 2017

As of July 1, 2018, the Law introduces the institution of the electronic mortgage bond, a registered uncertificated security the rights to which are recorded in the form of an electronic document signed with an enhanced digital signature and which is kept by a depositary.

The rules on certificated mortgage bonds apply to electronic mortgage bonds unless otherwise provided by the mortgage law or arises from the essence of the electronic mortgage bond. Accounting and transfer of an electronic mortgage bond, including pledge and other encumbrances and restrictions on disposing of the mortgage bond, and the interaction between depositaries handling storage and/or registration of rights to an electronic mortgage bond follow the rules established for uncertificated securities by RF securities law, unless the mortgage law provides otherwise.

An electronic mortgage bond is made by filling out the form of the electronic mortgage bond on the unified state and municipal services portal or on the official Internet website of the title registration authority, or using other information technologies for interacting with registration authorities, and is signed using the enhanced digital signature of the mortgagor, mortgagee and debtor under the obligation secured by the mortgage (or using the enhanced digital signature of the notary if the latter sends the electronic mortgage bond to the title registration authority). If an electronic mortgage bond is issued to a mortgagee that is a lending institution using remote banking service systems or to the common housing development institution (or its organizations), and provided that the mortgage agreement or the agreement under which the obligation is secured by mortgage by operation of law so provide, the electronic mortgage bond may be signed using the enhanced digital signature of the mortgagee alone.

An electronic mortgage bond must be placed in custody with a depositary (it is not necessary to make a custody agreement with the mortgagor) and is considered issued to the original holder of the electronic mortgage bond when the depositary handling the accounting and transfer of rights to the electronic mortgage bond makes an entry on the holder’s custody account.

An electronic mortgage bond may be issued instead of a certificated mortgage bond, and the previously issued certificated mortgage bond is canceled. A certificated mortgage bond cannot be issued instead of an electronic mortgage bond.

It is not necessary to submit a request to cancel the electronic mortgage bond when the mortgage registration record is released.

The Law has also introduced other amendments which entered into force on November 25, 2017. In particular, such a method of out-of-court foreclosure on mortgaged property has been introduced as sale of the mortgaged property by the mortgagee to another person, and a number of exceptions have been established from cases where the mortgagee’s claims cannot be settled out of court, the mortgagee now has a priority right over the mortgagor’s other creditors to settle a claim secured by mortgage from the income from use of the mortgaged property by third parties due to the mortgagor, and the mortgagee has the right to insure the mortgaged property at full value against risks of loss and damage if the mortgagor fails to perform this obligation, etc.

Forest amnesty

Federal Law No. 280-FZ on Amendments to Certain Legislative Acts of the Russian Federation to Eliminate Discrepancies in Information of State Registers and Establish the Categorization of a Land Plot in a Particular Land Category of July 29, 2017

The Law amends the provisions on assigning land plots to a certain category19. For example, if the rights to the land plot arose prior to January 1, 2016, if there is a discrepancy between the information of the forest registry and EGRN as to whether the land plot is assigned to forest lands, the information in the EGRN or title and/or title certification documents take priority (if there is no information in the EGRN).

However, if there is a discrepancy between the information in the EGRN and the title documents obtained prior to August 11, 2017 (the date the Law entered into force), land is assigned to one or another category on the basis of the title documents. This is other than in cases where an act has been adopted for a land plot transferring it from one category to another.

The Law also made amendments20 establishing that it is mandatory to seek approval for the land plot layout from the RF constituent entity forestry authority when land plots are formed from publicly owned land.

The formation of a land plot can be refused approval only if the boundaries of the land plot being formed cross the boundaries of a forest plot and/or forest area or forest park, or if the land plot being formed is within the boundaries of such a forest area or forest park. However, refusal is impossible if in the above-mentioned situation there is an immovable property situated on the land plot being formed, the rights to which arose prior to January 1, 2016 and were registered in the EGRN and the use (purpose) of which is not related to forest use.

There is a list of exceptions when approval is not required, for example, if there are plans to form the land plot from lands within the boundaries of a settlement; within the boundaries of a territorial zone about which information is entered in the EGRN; within the boundaries of a village, urban district, or area between settlements in which there are no forest areas or forest parks.

The provisions on forest amnesty do not apply to some categories of land plots, in particular, those located within the boundaries of specially protected natural territories, the territories of cultural heritage sites, to land plots categorized as lands of industry, transport, telecommunications, television, etc., if there are no immovable properties to which title is registered on them.

Restrictions on activity within territories adjacent to an airfield

Federal Law No. 135-FZ on Amendments to Certain Legislative Acts of the Russian Federation Improving the Procedure for Establishing and Using the Territory Adjacent to an Airfield and Sanitary Protection Zone of July 1, 2017

The Law amends the regulation of the territories adjacent to an airfield21. Now seven subzones are identified within the territory adjacent to an airfield, each of which has certain restrictions on activity and a prohibition on siting certain facilities22.

Elaborating the provisions of the Law, in 2017 the RF Government approved, inter alia23, rules for establishing a territory adjacent to an airfield and rules for dividing a territory adjacent to an airfield into these subzones.

The decision to establish a territory adjacent to an airfield is adopted:

  • By the Russian Federation Ministry of Defense for state aviation airfields;
  • By the Russian Federation Ministry of Industry and Trade for experimental aviation airfields;
  • By the Federal Agency for Air Transport for civil aviation airfields.

Before the area adjacent to the airfield is established the abovementioned authorities24 post on their websites a description of the location of the boundaries of the territories adjacent to airfields (if information about them was entered in the state real estate cadastre before January 1, 2016) or approve maps with boundaries of airfields’ approach ways (if there is no relevant information on January 1, 2016 in the state real estate cadastre).

During that period new construction within the boundaries of such territories must be coordinated with the relevant competent organizations25 if there is a favorable sanitary-epidemiological report; and for airfields existing on the date of the amendments the restrictions on use of real estate properties within the boundaries of those territories do not apply to new construction if the construction was approved according to the procedure that was in effect before the amendments entered into force, and for real estate properties to which title arose before the amendments entered into force26.

Amendments have also been made to the RF Town-Planning Code providing, first of all, that the restrictions set on territories adjacent to airfields take priority over the PZZ27 and, secondly, a rule that the authority competent to issue building permits must consider all building permits issued within the boundaries of territories adjacent to airfields, and, if the building permits do not comply with the set restrictions, to issue prescriptions to cancel them.

Procedure for connecting retail facilities to roads

Federal Law No. 390-FZ on Amendments to Article 22 of the Federal Law On Roads and on Road Activity in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation of December 5, 2017

The Law, which entered into force on December 16, 2017, specifies the procedure for connecting retail facilities to roads as follows:

  • Retail facilities must be equipped with parking lots and stopping areas for vehicles, and also approach roads, off-ramps and junctions to ensure they can be accessed from the road. When a road connects with another road, approach roads and off-ramps must have passing lanes and road facilities to ensure traffic safety;
  • The retail facility is connected to the road on the basis of a connection agreement concluded with the owner of the road and the road owner’s consent containing the requirements to and conditions for such connection;
  • The owner of the retail facility shall carry out or pay for construction, reconstruction, overhaul, repair and maintenance of approach roads, off-ramps and junctions, vehicle parking and standing areas, and passing lanes;
  • To carry out reconstruction, overhaul and repair of retail facility junctions with roads it is necessary to obtain the consent of the road owners to perform those works. The consent must contain the technical requirements and conditions for performing the work. Lack of consent from road owners for the construction, repair or reconstruction of retail facility junctions or violation of the technical requirements and conditions for performing the work may result in demolition of illegally erected structures and other objects on the claim of the state construction supervision authority and/or road owners.

It is worth noting separately that these requirements will apply only to shopping centers with a total area of more than 10,000 square meters that have been commissioned after December 16, 2017. Only the requirements to equip approach roads, off-ramps, junctions and vehicle parking and standing areas, and the requirements to make passing lanes for approach roads and off-ramps to another road will apply to shopping centers commissioned before that date.

We also note that the procedure described here for connecting retail facilities is identical to the procedure for connecting road service facilities to roads.

1. The Fund for the Protection of Rights of Individuals Who Are Shared Construction Participants.

3. Instructions of the Russian Federation President No. Pr-2261 dated November 5, 2017 (resulting from the meeting with members of the Russian Federation Government held on October 25, 2017).

4. Draft Law No. 322981-7 on Amendments to the Federal Law on the Participation in Shared Construction of Apartment Houses and Other Immovable Property Units and on Amendments to Some Legislative Acts of the Russian Federation and Certain Legislative Acts of the Russian Federation.

6. In Moscow the relevant territories are approved by Moscow Government Resolution No. 120-PP on Approval of the Land Use and Development Rules of March 28, 2017; in St. Petersburg the relevant territories are included in the LUDR on the basis of St. Petersburg Government Resolution No. 550 on Amendments to St. Petersburg Government Resolution No. 524 dated June 21, 2016, of July 4, 2017.

7. In 2017 RF Government Resolution No. 577 of May 17, 2017 containing the procedure for declaring such capital structures hazardous and subject to demolition was adopted to develop this provision.

8. In this regard RF Government Resolution No. 594 of May 18, 2017 approved the rules for coordinating withdrawal of immovable properties owned by the RF or RF constituent entities for municipal needs.

9. Other than the areas of Troitsk and Shcherbinka, and the Skolkovo innovation center, for which separate documents are developed.

10. Federal Law No. 455-FZ on Amendments to the Russian Federation Town-Planning Code and Certain Legislative Acts of the Russian Federation of December 29, 2017.

11. Federal Law No. 507-FZ on Amendments to the Russian Federation Town-Planning Code and Certain Legislative Acts of the Russian Federation of December 31, 2017.

12. Federal Law No. 372-FZ on Amendments to the Russian Federation Town-Planning Code and Certain Legislative Acts of the Russian Federation of July 3, 2016.

13. RF Government Resolution No. 955 on Establishing the Specifics of Providing Services for the Connection of Capital Structures to Utility Systems in Electronic Form in the Moscow Region and Moscow and St. Petersburg in 2017-2018 of August 9, 2017.

14. RF Government Resolution No. 452 on the Exhaustive List of Procedures in the Construction of Heating Supply Networks and on the Rules for Amending It and Keeping the Register of Descriptions of Procedures Specified in the Exhaustive List of Procedures in the Construction of Heating Supply Networks of April 17, 2017.

16. RF Government Resolution No. 778 on Amendments to Certain Acts of the Russian Federation Government Optimizing the Procedure for Connecting Capital Structures to Hot and Cold Water Supply and Wastewater Disposal Systems of June 29, 2017.

17. RF Government Resolution No. 542 on Amending and Repealing Certain Provisions of Acts of the RF Government on Compiling Documents for Connection to Electrical Grids of May 7, 2017.

18. RF Government Resolution No. 924 on Amendments to the Rules for the Connection of Capital Structures to Gas Distribution Systems of August 2, 2017.

19. Federal Law No. 172-FZ on Transfer of Lands or Land Plots from One Category to Another of December 21, 2004.

21. We remind readers that before the amendments entered into force on September 30, 2017, Article 47 of the RF Air Code prescribed to seek approval from the competent authority to site buildings, communication lines and other facilities near an airfield.

23. RF Government Resolution No. 1460 on Approval of the Rules for Establishing the Territory Adjacent to an Airfield, the Rules for Dividing a Territory Adjacent to an Airfield into Subzones and the Rules for Resolving Disagreements Arising Between the Highest Executive Government Authorities of Russian Federation Constituent Entities and the Federal Executive Authorities of the Russian Federation Government when Approving a Draft Decision to Establish a Territory Adjacent to an Airfield of December 2, 2017.

24. RF Government Resolution No. 1055 on Federal Executive Authorities Competent to Perform the Functions Provided for by Parts 1 and 2 of Article 4 of the Federal Law on Amendments to Certain Legislative Acts of the Russian Federation with Respect to Improving the Procedure for Establishing and Using a Territory Adjacent to an Airfield and a Sanitary Protection Zone of August 31, 2017.

25. By the organization operating the experimental aviation airfield for an experimental aviation airfield; by the organization authorized by the federal executive authority that has jurisdiction over the state aviation airfield for a state aviation airfield; by the Federal Agency for Air Transport for a civil aviation airfield.

27. The PZZ do not apply to the extent they conflict with the site use restrictions within the territory adjacent to an airfield.