Free rein but not for all. Evolution of administrative barriers – from nineties to our days
Administrative procedures in construction evolved from permissiveness for the elected to a rigid regulation. On how it was, the site “RIA Real Estate” told the head of the department of technology and organization of construction MGSU, honored builder of Russia, Azary Lapidus.
The transition paradox
The number of administrative procedures in construction from the nineties to our days has changed according to the sinusoid: at first, there were very few of them, then there were a lot, then too many, and now their number began to decline again.
Therefore, from 1991 to 2000, there was almost a chaos. Then, from 2001 to 2005, the establishment of an administrative regime began, but since 2006, the authorities have begun to make tough demands on the builders. From this approximately time, there was a situation when the state toughened all administrative processes in general. However, if you look at the history of the matter more closely, you can find many nuances.
In the nineties, I worked as the head of a large construction project, so I remember perfectly how everything worked then. There was a paradoxical situation: the USSR, its institutions and standards collapsed, leaving us with a legacy of procedures and regulations, but a new economic formation was formed. As a result, one was superimposed on another, and there was such a kind of “free will not for everyone”. I will explain: if you knew, who to go to and what certificates to carry, then you could do everything quickly enough. Otherwise, any agreement could last for years.
One of the main problems was with the land. In Moscow, then, the form of private ownership of land did not yet take root, and it is almost entirely rented. In addition, if at least a little move to the area, it was possible to encounter a variety of forms of land ownership: perpetual use, perpetual lease and so on. This caused many problems, some of which have to be “disentangled” until now. In Moscow, at that time, there was no single cadaster, as now, but the Moskomzem acted poorly. At a certain point, a huge role was played by the OATI (united administrative and technical inspection), without which no construction started. Now its competence is much smaller, and it is used only in certain cases. At the same time it was the OATI issuing construction orders. Also, there was only a state examination of the projects and there was no document on the basis of which the design was being carried out (now this is the town planning plan of the land plot – GPZU).
In the same period, investment treaties are beginning to operate massively. In fact, this is the main instrument of work on the then real estate market. As a rule, one party to such a contract was the owner of the land, the other – the developer. Moreover, according to the contract, the parties in different proportions will own the building. For example, 70% by 30%. The problem was that for a long time the contracts were not written down, from which these shares are considered: from value or from the area, or even by some parameters, and eventually everyone interpreted it in their own way.
The then administrative barriers worked in both directions: they could both stop any construction for an indefinite period, and resolve it. Here, for example, many have such stories: when the city needed certain indicators of the volume of construction, to report, put into operation could the building in the literal sense without windows and facades. Now it is impossible to invite a final commission when you have not completed such work. Moreover, before that it was all, and we passed it safely, because the regulations were much smeared. Or, conversely, people could already live in the built house, and permission to enter or even to build it was not received yet, it was received in hindsight.
Another huge problem was the connection to the networks. No standards, no understanding – whether the site will be attached to the networks or not. It is clear that an apartment house is being built, that it needs to be provided with infrastructure, but this understanding was quite free and did not guarantee anything.
The turning point came in the area of 2005-2007, when the need for strict regulation of the construction process became apparent. On the one hand, the rules of the game became clearer; on the other hand, they became more rigid.
If we talk about the evolution of administrative procedures, or barriers, everything related to land in the nineties took two or three times longer than now. So, 30-45 days are allocated for obtaining the act on permitted use, and at the very beginning less than three months no one succeeded, because it was constantly required to deliver one-second-third information. Permission for construction – now it is given for 10 days, and in the 90th it was a month. To put the object into operation – I would also say that this time has decreased by two or three times in relation to today.
In 2005-2007, we felt that the officials very clearly understood all their advantages, which they received through the creation of administrative barriers. It all happened right before our eyes. In just two or three years, developers have discovered that without officials we cannot move anywhere, any actions require their participation. By 2014-2015 the situation has already become stalemate, and at the same time, the collapse of the economy began. At the same time, there was an understanding that the administrative barbers should be removed already; the relevant government resolutions were issued.
Of course, the current state of administrative procedures reached not immediately. In place of freeman came regulation and clear regulations.
With the advent of such a document as the act of permitted use of the land (ARIZ), at least with architecture, everything became more or less clear. This document was the forerunner of the GPZU, which is now in effect.
Tightening requirements increased until 2014-2015. During this period, the state was puzzled by the problem of those administrative barriers. It was understood that the industry had become regulated, which coincided with the crisis.
Formation of the system
Further, there is a constant evolution in each direction. The state gives a clear definition of the GPRS, for how long it is issued. Also, specificity and clarity are introduced as to what rights you can own the land, the situation with engineering networks, building permits, supervisory authorities is explained … In general, we went to this evolutionary situation for 15 years.
I also want to note that for a long time we had only a state examination of project documentation – in the last two or three years there appeared a non-state one and this simplified the life of the developer who must approve the design in the process.
Now, of course, there is also something to work on. We, for example, are sure that it is possible to reorganize the stages of coordination of the project documentation to enter the construction site more quickly. I do not exclude that in the coming years this will all be laid out on the shelves, especially now, when BIM-technologies began to be actively introduced in the design.
Source: RIA Novosti