Developers wait for the appearance of the simplified mechanism of interception of land plots
The simplified mechanism for land surveying will make the transition to project financing less “painful,” said Anna Shlesina, director of legal affairs at A101, during the conference “Key changes in legislation in construction: a course on digitalization.
According to Shlesina, today there is clearly a trend in the system work to improve urban planning legislation, in particular: requirements were introduced to establish the boundaries of security zones of electric power facilities, gas supply systems, transport infrastructure, etc .; on the introduction of information on zones with special regulation in the PPZ. Much has been done in terms of shortening the procedures. The prospect of getting a single document in the near future, containing all the information he needs to make a decision on the implementation of an investment project on a land plot, is already seen. There is still a lot of work to do.
Quite a few questions also arise at the junction of city planning legislation and the law on shared construction. Without addressing these issues, the practical implementation of the project financing mechanism remains sensitive for both the developer and the state in solving the problem of increasing the volume of housing construction.
As the expert noted, at the moment, the emergence of a simplified mechanism for surveying land plots intended for construction is urgently needed – and this is a matter of relevance for any region of Russia, any developer implementing a project to build several objects on one land plot.
See also: What does a GPZU look like – what is it, the preparation period, the order of registration
As part of the 175-FZ of 07/01/2018, a special mode of operations on the escrow accounts of the developer is established – funds received on the escrow accounts are transferred to the developer only after the provision of the EIR and the registration of the first right. In order to accelerate the “reward” of the developer, for the latter it is more efficient to divide the land plots on which two or more residential buildings and infrastructure are being built, and to phase out the rights to land plots by registering the rights of real estate investors.
However, noted Shlesin, today it is quite a long procedure for surveying a land plot, which provides for public hearings (paragraph 5 of article 46 of the Civil Code of the Russian Federation). At the same time, when dividing a land plot, it is required to obtain a town-planning plan of the formed land plot, since the previously issued GPZU will lose its force (clause 177 of the article 51).
“A practical way out of this situation would be to make changes to federal legislation – land and city planning codes and the law on state registration, allowing the developer to survey the land plot without a public hearing procedure after obtaining a building permit, as well as“ redistributing ”the burden on DDU ( in the form of a pledge of rights to land plots) to the formed plots for the possible termination of the developer’s rights to such plots after commissioning; logo home or infrastructure facility. The possibility of preserving the GPZU to the original land plot (with the introduction of information about the educated sites) after obtaining a building permit is extremely important, ”says the A101 Group of Companies.