Territory of Moscow – zone of state expertise
On August 4, Federal Law No. 342-FZ came into force, which introduced a number of significant changes to the Urban Planning Code of the Russian Federation and certain legislative acts of the country. Thus, an important change is the mandatory state examination for all objects, the construction or reconstruction of which is planned to be carried out within the boundaries of zones with special conditions for the use of territory (ZOUIT).
By August 2018, not only to the professional community, but also to the government of the Russian Federation and relevant departments, it became obvious that the institute of expertise, which since 2012 has been divided into state and non-state expert bodies, is regulated with serious legislative gaps, often becoming an obstacle to the work of bona fide departments and maps. Blanche – for unscrupulous.
A recent example is the results of a planned audit of the project documentation of developers conducted by the Gosstroynadzor of St. Petersburg. The audit revealed over a hundred serious violations, more than 70 of which were due to the location of objects in areas with special conditions of use.
And this is not the only example of the work of the state with the difficult issue of compliance with the rules of land use and development of territories. According to the Prosecutor General’s Office, in the first half of 2018 in this area, prosecutors revealed more than 7.5 thousand violations of the law – all of which are violations of the borders of the territories, which by law must not only be respected, but protected. And if, according to many other comments, further legislative work is required, then with the latest violations the situation should change seriously in the near future.
So, on August 3, 2018, Federal Law No. 342-ФЗ “On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” was adopted. And according to the new edition of part 3.4 of article 49 of the Urban Planning Code of the Russian Federation, the design documentation for all objects whose construction or reconstruction is supposed to be carried out within the boundaries of the zones with special conditions for the use of the territory is subject to state expertise. This requirement came into force on August 4, 2018, and, despite the fact that not all market participants have begun to comply with it, it is mandatory.
The most important effect of the adoption of the law in the capital will be the simple fact that almost the entire territory of Moscow falls into ZOUIT. There are 28 types of zones with special conditions of use of territories, and most of them are relevant for the city: these are protection zones of cultural heritage objects, protection zones of communication lines and facilities, sanitary protection zones of drinking and household water supply sources, aerodrome territories, sanitary protection zones. zones, security zones of the metropolitan infrastructure and many others.
A megapolis of such a level as Moscow doesn’t provide except for the protective zone of Baikal. And everything else – in perspective or even now – covers the territory of the capital, which means that all projects that are being prepared for implementation in the city are most likely to undergo a state expert review. And if for state-funded projects, state expertise was mandatory before, for investment projects, often implemented with controversial assumptions from non-governmental expert organizations, this will be an innovation.
Although, to date, the overwhelming majority of bona fide and reputable investors have deliberately chosen state expertise, all private developers have the opportunity to choose their supervisory authority.
These amendments to the Gradkodeks are good news for the city, which relies on the quality and safety of the projects implemented on its territory. Moscow not only has the resources to increase the volume of state expertise, but has all the necessary infrastructure to prevent violations of current legislation at all stages of project implementation.
The integrated automated information system for ensuring the town-planning activity of the city of Moscow (IAIS OGD), which consolidates information from the departments of the Construction Complex of Moscow, does not allow for the placement of conclusions of non-governmental expertise of project documentation and engineering survey results of capital construction located within the boundaries of ZOUIT, as well as allows for tracking illegally issued reports non-state expertise on such objects and to prevent the issuance of permitted th for the construction and commissioning of the facility.
Obviously, this is not the last legislative measure to regulate the activities of the institute of expertise and the redistribution of responsibility in favor of the proven state expertise. This change alone can drastically change the quality of implementation of all capital investment projects.
Source: Moscow Construction Complex