Extracts from federal and regional legislation concerning construction industry

THE MOSCOW GOVERNMENT

RESOLUTION

#530, July 11, 2000

ON APPROVAL OF MOSCOW CONSTUCTION STANDARDS “ACCEPTANCE AND COMMISSIONING OF CONSTRUCTED OBJECTS. MAIN PROVISIONS”

In order to regulate the process of acceptance and commissioning of completed constructed objects within a market economy and investment and construction activities in Moscow, until the acceptance of federal construction standards the Moscow Government decided:

  1. To approve and put in execution from July 20th, 2000, the Moscow city construction standards MGSN 8.01-00 « Acceptance and commissioning of constructed objects. Main provisions», reconciled with Gosstroy of the Russian Federation (attachment).

Attachment

To Resolution of the Moscow Government #530

dated July 11, 2000

MOSCOW CITY CONSTRUCTION STANDARDS

ACCEPTANCE AND COMMISSIONING OF CONSTRUCTED OBJECTS

MGSN 8.01-00

  1. Main provisions

4.3. Completed stand-alone buildings and facilities, adjoined buildings, production facilities and auxiliary facilities and buildings of civil defense being a part of one construction project, in case of necessity to put them into operation (use in purpose) before the end of whole construction project, are put in operation by developer (in case of their full readiness) with the involvement of state supervision authorities and local operational agency.

4.16. Acceptance committee should include representatives of investor, developer, executive authorities, contractors, designers, operational company, Gossanepidnadzor, Gospozhnadzor, Gosarkhstroydanzor, special authority responsible for environmental protection and other authorities , which control and supervise the object. Chairman of the committee is the representative of the authority which appointed the committee.

Investor is allowed to include in the acceptance committee representatives of other parties with a consultative vote.

Act of acceptance should be signed by all members of the committee; each of them is liable of the decision made by the committee in the limits of his/her competence. Act of acceptance is affirmed by the authority, which appointed the committee.

The acceptance committee abdicates after the affirmation of the act of acceptance of the committee; otherwise it happens in set term of the work of the committee, if the acceptance of the object does not took place.

4.21. In case of commissioning the object without the involvement of acceptance committee, the date of commissioning the object is the date of adoption of legal act on commissioning.

 

THE RUSSIAN FEDERATION 

FEDERAL LAW

ON AMENDMENTS

TO THE FEDERAL LAW “ON THE STATE REAL ESTATE CADASTRE”

AND CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION

Adopted by

The State Duma on

December 9, 2014

 

Approved by

The Federal Council on

December 17, 2014

Article 2

 

To make the following amendments to the Federal law dated July 21, 1997 # 122-FZ “On State Registration Real Estate Property Rights and Transactions” (Collection of legislative acts of the Russian Federation, 1997, # 30, art. 3594; 2003, # 24, стart. 2244; 2004, # 27, art. 2711; # 35, art. 3607; # 45, art. 4377; 2005, # 1, art. 22, 25, 40; 2006, # 27, art. 2881; # 30, art. 3287; 2007, # 41, art. 4845; 2008, # 20, art. 2251; # 52, art. 6219; 2009, # 1, art. 14; # 19, art. 2283; # 52, art. 6410, 6419; 2010, # 15, art. 1756; # 25, art. 3070; # 49, art. 6424; 2011, # 1, art. 47; # 27, art. 3880; # 30, art. 4562; # 49, art. 7061; # 50, art. 7347, 7365; 2012, # 29, art. 3998; # 31, art. 4322; # 53, art. 7619; 2013, # 30, art. 4072, 4083; # 51, art. 6699; 2014, # 26, art. 3377; # 30, art. 4218, 4225):

2) in the paragraph 3 of the article 13:

KonsultantPlus notes:

Subparagraph “a” of paragraph 2 of the article 2 came into force since December 31, 2014.

а) to replace the words “within eighteen calendar days” in the first paragraph with the words “within ten working days”;

 

THE MOSCOW GOVERNMENT

RESOLUTION

#225-PP

MARCH 23, 2010

ON INTRODUCTION OF INFORMATION SYSTEM FOR PROVISION URBAN DEVELOPMENT ACTIVITIES IN MOSCOW AND ORGANIZATION OF ELECTRONIC ENVIRONMENT OF INTERACTION FOR PROVISION URBAN DEVELOPMENT ACTIVITIES IN MOSCOW

A list of amendatory documents

(According to Resolutions of the Moscow Government #2 dated 17.01.2013 and #406 dated 03.07.2015)

In order to improve the work of executive authorities of the city of Moscow in the field of implementation of main goals of the Master plan of Moscow and development of a modern system of informational support of planning and controlling over implementation of  urban-planning decisions in cultural, educational, medical, housing construction and other sectors of urban economy, as well as for providing integrated social-economic and town-planning development of administrative okrugs of Moscow, the  Government decided:

  1. Since April 1st, 2010, to launch the Integrated Information System for provision urban development activities in Moscow (IAIS OGD) for provision of correct information required for town-planning, investment and other activities and planning to authorities, individuals and legal entities.
  2. To approve the Provision on Integrated Information System for provision urban development activities in Moscow. (attachment 1)

 

Attachment 1

To the Resolution of the Moscow Government

#225, March 23, 2010

 

PROVISION

ON INTEGRATED INFORMATION SYSTEM FOR PROVISION URBAN DEVELOPMENT ACTIVITIES

IN MOSCOW

A list of amendatory documents

(According to the Resolutions of the Moscow Government dated 17.01.2013 #2-PP and 03.07.2015 #406-PP)

  1. The structure of documented data in IAIS OGD

3.1. IAIS OGD includes main and additional sections.

Main parts:

Section VI «Data on geological and anthropogenic conditions» contains information about conducted engineering surveys with indication of a number assigned to materials and (or) data in the moment of their submission to the state fund of materials and data of engineering surveys, link to corresponding subparagraph containing graphic information about survey of natural and anthropogenic conditions on the actualized map (scheme) of the section «Geodesic and cartographic materials».

 

THE GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

February 1, 2006, # 54

ON THE STATE CONSTRUCTION SUPERVISION

IN THE RUSSIAN FEDERATION

Pursuant to the article 54 of the Construction Code of the Russian Federation, the Government of the Russian Federation decided:

  1. To approve the attached Provision on implementation of the state construction supervision in the Russian Federation.

Approved by

the Resolution of the Government

of the Russian Federation

on February 1 2006, #54

 

PROVISION

ON IMPLEMENTATION OF THE STATE CONSTRUCTION SUPERVISION

IN THE RUSSIAN FEDERATION

  1. The state construction supervision is implemented:
  2. a) for construction of capital construction objects, if their project documentation is subject to state examination in accordance with the Article 49 of the Construction Code of the Russian Federation or in case the project documentation is a typical design documentation, or its modification, which has received a positive conclusion of state expert examination;

 

THE RUSSIAN FEDERATION 

FEDERAL LAW 

ON AMENDMENTS

 TO CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION

CONCERNING THE STATE REGISTRATION OF RIGHTS

AND STATE CADASTRAL REGISTRATION OF REAL ESTATE ASSETS 

 

Adopted by

the State Duma on

July 5, 2013

 

Approved by

the Federal Council

 

Article 3

To make the following amendments to the Federal law dated July 24, 2007 # 221-FZ “On the state cadaster of real estate” (Collection of legislation of the Russian Federation, 2007, N 31, art. 4017; 2008, N 30, art. 3597, 3616; 2009, N 1, art. 19; N 19, art. 2283; N 29, art. 3582; N 52, art. 6410, 6419; 2011, N 1, art. 47; N 23, art. 3269; N 27, art. 3880; N 30, art. 4563, 4605; N 49, art. 7024, 7061; N 50, art. 7365; 2012, N 31, art. 4322; 2013, N 14, art. 1651; N 23, art. 2866):

  1. The rules of Articles 26 and 27 of the given Federal law are applied in the process of implementation of cadastral registration on the basis of relevant documents, received by the cadastral agency in the order of interdepartmental interaction or by other means established by normative legal acts of the Russian Federation. “;

29th September 2004                                                                                                                                   №109-FZ

 

CONSTRUCTION CODE OF THE RUSSIAN FEDERATION

Adopted

by the State Duma

on December 22, 2004

 

Approved

by the Federation Council

December 24, 2004

Article 55. Issuance of Disposition on Operation of Building (occupancy permit).

  1. An organization or a designated institution which performs the government control of usage of nuclear energy and of the implementation of activities related to development, manufacture, disposal of nuclear weapons and military nuclear power installations, which issued the construction permit, must provide verification of the existence and validity of the documents (from the part N 3 of this Article), inspection of the given object of capital construction and issue or refuse to issue (with the reasons for refusal) the occupancy permit within ten days from the date of the application submission. During the inspection of a constructed or reconstructed capital construction object it must be tested for conformity of the object to the requirements established in the construction permit, the development plan of land plot or, in the case of construction, reconstruction of linear facility – to the area planning design and boundary-setting plan. It must also be checked for conformity to the requirements of project documentation, including requirements for energy efficiency and to the requirements of equipping capital construction object with the metering devices of used energy resources, except for the cases of construction/reconstruction private housing objects. In the event of carrying out construction of a capital construction object under the state construction supervision, the inspection of such object by the authority which issued the construction permit is not performed.

(as amended by the Federal laws adopted on 27.07.2006 No. 143-FZ, 23.11.2009 N 261-FZ, 22.11.2010 N 305-FZ, 20.03.2011 N 41-FZ, 18.07.2011 N 243-FZ)

Article 55, “Construction Code of the Russian Federation”, 29.12.2004 N of 190-FZ (ed. 31.12.2014) {ConsultantPlus}

 

THE GOVERNMENT OF MOSCOW

RESOLUTION

May 14, 2014 # 258-PP

 

ON AMENDMENTS TO THE RESOLUTION OF THE GOVERNMENT OF MOSCOW

DATED 30 APRIL 2013 N 284-PP

In order to improve the procedure for approval of the architectural and urban planning designs for capital construction objects in Moscow, the Government of Moscow decided:

  1. To amend the Moscow Government Resolution dated April 30, 2013 # 284-PP

“On optimization of approval procedures of architectural and urban planning designs for capital construction objects in Moscow”:

“a) construction (except for the capital construction objects up to 2 floors, with total area up to 1500 square meters, which are not intended for habitation and production activities (including warehouses), located outside of the Central administrative okrug of Moscow, outside of the boundaries of the territories of cultural heritage objects and their protection zones, and objects which are not located on main streets of citywide and regional significance).

1.2. In subparagraph “b” of paragraph 4 of the Addendum 1 to the Resolution

after the word “except for” the following words are added: “for the reconstruction of capital construction objects with up to 2 floors, with total area up to 1500 square meters, which are not intended for habitation and production activities (including warehouses), located outside of the Central administrative okrug of Moscow, outside of the boundaries of the territories of cultural heritage objects and their protection zones, objects which are not located on main streets of citywide and regional significance, as well as”.

  1. Supervision over the execution of this resolution is assigned to the Deputy Mayor of Moscow for urban policy and construction Khusnullin

 

Major of Moscow

  1. Sobyanin

 

 

MOSCOW CITY GOVERNMENT

Resolution

 

29 March 2016, No 137-PP

 

On Amendments to the Resolution

of Moscow City Government

of 25 May 2011 No 229-PP

 

 

In accordance with the federal laws of 27 July 2010 No 210-FZ On Provision of State and Municipal Services, and of 13 July 2015 No 250-FZ On Amendments to the Federal Law on Protection of Competition and to Legislative Acts of the Russian Federation, in order to improve preparation, approval and change of development plans of land plots in the city of Moscow, the Moscow City Government orders:

 

1. To make amendments to the Resolution of the Moscow City Government of 25 May 2011 No229-PP On Procedure for Preparation, Approval, Change and Revocation of Land Plot Development Plans (as revised by the Moscow Government Resolution of 19 June 2012 No 280-PP, of 17 September 2012 No 486-PP, of 2 October 2012 No 528-PP, of 19 December 2014 No 751-PP, of 26 December 2014 No 826-PP, of 17 February 2015 No 58-PP, of 8 April 2015 No 164-PP, of 21 May 2015 No 306-PP, of 21 May 2015 No 307-PP, of 11 August 2015 No 507-PP, of 15 December 2015 No 870-PP:

 

                              – 3 –

 

1.9. The Resolution shall be amended by adding paragraph 10(3) as follows:

 

“10(3). As part of a request for state services for preparation, approval, change (re-registration) and revocation of land plot development plans, while filling in the online request form for the provision of state services on the Moscow Portal of Public and Municipal Services (Functions), the applicant has an option to make a request for provision of technical specifications for connection to water supply and sewerage systems.

 

Services for provision of specifications for connection to water supply and sewerage systems are rendered under the procedures established by the organization providing services for water supply and sewerage”.

 

1.10. The Resolution shall be amended by adding paragraph 10(4) as follows:

 

“10(4). While providing state services for preparation, approval, change (re-registration) and revocation of land plot development plans, a layout plan shall be prepared in the form of an appendix to the land plot development plan. Such layout plan shall show underground utility lines and facilities located within the boundaries of the land plot, with the exception of utility lines and facilities that constitute a state secret”.

                              – 4 –

 

1.12. Appendix 1 to the Resolution shall be read as it is set forth in the Appendix hereto.

 

2. It is decided that:

 

2.1 Provision of state services for preparation, approval, change (re-registration) and revocation of land plot development plans to legal entities and individual entrepreneurs shall be carried out exclusively in electronic form starting from April 11, 2016.

 

2.2. Paragraphs 1.9 and 1.10 of this Resolution, paragraphs 2.3.2.9, 2.3.2.10, 2.5.1.2.15, 2.5.1.2.16, 3.3.3.2(1), 3.3.3.11(1), 3.3.3.11(2), sub-paragraph 3 of paragraph 2.5.1.1.2 of the Appendix hereto shall enter into force on May 20, 2016.

 

 

3. This Resolution enters into force on April 11, 2016, except as specified in paragraph 2.2 of this Resolution.

4. Implementation of the present Resolution is to be controlled by Deputy Mayor of Moscow for Urban Planning Policy and Construction in the Moscow Government M.Sh.Khusnullin.

 

 

Mayor of Moscow                                                    S.S. Sobyanin

                              Appendix

to the Resolution of Moscow City Government

of 29 March 2016 No 137-PP

 

Appendix 1

to the Resolution of Moscow City Government

of 25 May 2011 No 229-PP

 

 

 

Administrative Procedure for

Provision of State Service for Preparation, Approval,

Change (Re-registration) and Revocation of Development Plans

of Land Plots in the City of Moscow

 

 

1. General Provisions

 

                              – 2 –

 

2.3. Moscow executive bodies providing state services,

other executive bodies, and organizations

participating in provision of state services

 

2.3.1. The authority for provision of state services is exercised by the Committee for Architecture and Urban Planning of the city of Moscow (hereinafter – the Committee).

 

2.3.2. State services are provided using documents and information obtained by means of inter-agency information exchange with the following bodies:

                              – 3 –

 

2.3.2.1. Federal Tax Service

2.3.2.2. Federal Service for State Registration, Cadastre and Cartography

2.3.2.3. Moscow City Municipal Property Department

2.3.2.4. Department of Moscow Cultural Heritage

2.3.2.5. Department of Natural Resources and Environmental Protection of Moscow

2.3.2.6. Moscow Committee for Implementation of Investment Projects in Construction and Supervision of Shared Construction

2.3.2.7. State Inspectorate for Supervision over Use of Real Estate Properties of Moscow

2.3.2.8. Prefectures of Administrative Districts of Moscow

2.3.2.9. Moscow City Trust for Geologic and Geodetic Survey and Cartography, State Unitary Enterprise of the City of Moscow (hereinafter – Mosgorgeotrest)

2.3.2.10. Organization providing services for water supply and sewerage.

 

 

 

             2.6. Related and mandatory services

for provision of state services

 

There are no related or mandatory services for provision of state services.

 

 

2.7. Term of public service provision

 

2.7.1. The time of public service provision includes the period of inter-agency information exchange between the state bodies, local self-government bodies and subordinate organizations of state bodies during provision of state services, and this term constitutes 30 calendar days.

     2.15. Procedure for informing about provision of state services

 

2.15.1. Information about the procedure for provision of state services is posted:

– on the Portal;

– on the Committee’s official Web-site;

– on the information boards in the Committee’s offices.

 

2.15.2. Applicants can receive information on the status of their request in their personal accounts in the Portal.

 

 

3. Content, order and execution terms of administrative procedures,

requirements to execution, features of electronic execution

 

3.1. Provision of state services includes the following administrative procedures:

3.2. Receipt and registration of requests and other documents (information) necessary for provision of state services.

3.3. Processing of documents (information) necessary for provision of state services.

 

 

 

 

 

                              – 21 –

 

3.3.3. The official responsible for processing of documents has the following tasks:

3.3.3.1. To send requests as part of inter-agency information exchange, including by referring to the Base Register in the manner set by the Government of Moscow in order to obtain information (data) required for provision of state services;

3.3.3.2. To compare the data (information) obtained by inter-agency exchange  with the documents, and information (data) received from the applicant.

3.3.3.2(1). In the established cases, to send a request to Mosgorgeotrest with the registration number of the request submitted by the applicant, attaching the cadastral excerpt about the land plot, and the preparation of the layout plan showing underground utility lines and facilities located within the land plot boundaries, as part of information exchange.

 

 

3.3.3.11(1). In the established cases, to attach the layout plan showing underground utility lines and facilities located within the land plot boundaries to the draft urban land plot development plan, stating in Section II, “Other indicators” line of the draft urban development plan, that “Information about underground utility lines and facilities located within the land plot boundaries is contained in the appendix to this urban land plot development plan”.

 

                              – 23 –

 

 

3.3.3.11(2). If while filling in the request form the applicant expresses a wish to make a request for provision of technical specifications for connection to water supply and sewerage systems, the following information obtained from the organization that has issued technical specifications for connection to water supply and sewerage systems shall be stated in Section II, “Other indicators” line of the draft urban development plan: name of the organization that has issued the technical specifications for connection to water supply and sewerage systems, and the details of these technical specifications. If such information is not provided, information about connection to water supply and sewerage systems and the details of technical specifications does not need to be given in Section II, “Other indicators” line of the draft urban land plot development plan.

 

Ministry of Economic Development of the Russian Federation

The Federal Service for State Registration, Cadastre and Cartography

Bureau of The Federal Service for State Registration, Cadastre and Cartography in Moscow

( Bureau of Rosreestr in Moscow)

Order

September 15, 2015                                                                                                 №262

Moscow

Terms of performing state registration

According to Federal law #122 of 21.07.1997 «On State Registration Real Estate Property Rights and Transactions» for strengthening the control of  compliance of terms of state registration and for higher quality execution of  state functions, paragraph 2.1 of  Bureau’s of Rosreestr in Moscow events plan (further- Bureau) of  quality improvement and availability of state services provided by Rosreestr in the field of state registration of real estate property rights and transactions  for 2015 year approved by the order  #89, 08.04.2015

It is hereby ordered:

  1. Overall term of state registration should not exceed 10 working days starting from the day of acceptance of the application and documents required for the rights registration, if other is not specified by the Federal law. (attachment №1)
    • The term of state registration of rights for documents provided in e-format should not exceed 5 working days starting from the day following the day of acceptance of the application and documents required for the rights registration.

Decision about the terms of state registration of rights for housing objects owned by Moscow city by the privatization procedure should be resolved in 10 days period with the opportunity of examination and decision- making about state registration starting from the day following the day of acceptance of the application and documents.

The term of state registration of housing rights’ transfer in case of acquisition by federal executive authorities from developer at the expense of federal budget in order to transfer to citizens…

 

 

THE GOVERNMENT OF THE RUSSIAN FEDERATION

 

RESOLUTION

February 13, 2006 # 83

 

ON APPROVAL OF THE RULES OF DETERMINING AND PROVIDING TECHNICAL CONDITIONS FOR CONNECTING CAPITAL CONSTRUCTION OBJECTS TO UTILITY SYSTEMS AND THE RULES OF CONNECTION OF CAPITAL CONSTRUCTION OBJECTS TO UTILITY SYSTEMS

A list of amendatory documents

(as amended in the Resolutions of the Government of the Russian Federation adopted on  15.05.2010 # 341,

27.11.2010 # 940, 16.04.2012 # 307,

29.07.2013 # 642, 29.07.2013 # 644,

30.12.2013 # 1314, 15.04.2014 # 344,

23.08.2014 # 845,

with amendments introduced by the decision of the Supreme Court of the Russian Federation adopted on 30.03.2012 # AKPI12-292)

In accordance with the Article 48 of the Construction Code of the Russian Federation, the Government of the Russian Federation has decided:

  1. To approve the appended:

Rules of determining and providing technical conditions for connecting capital construction objects to utility systems;
Rules of connection of capital construction objects to utility systems.
(The rules lost effect since March 1, 2014 -. Resolution of the Government of the Russian Federation, 30.12.2013 # 1314)

  1. To recognize as invalidated the Section III of the Rules on the use of municipal water supply and sewage systems in the Russian Federation approved by the Resolution of the Government of the Russian Federation on  February 12, 1999 # 167 (Collection of the legislation of the Russian Federation, 1999, # 8, Art. 1028).

 

The Chairman of the Government

of the Russian Federation

  1. FRADKOV

Approved

by the Resolution

of the Government of the Russian Federation

on February 13, 2006 # 83

 

RULES

OF DETERMINING AND PROVIDING TECHNICAL CONDITIONS

FOR CONNECTING CAPITAL CONSTRUCTION OBJECTS TO UTILITY SYSTEMS

A list of amendatory documents

(as amended in the Resolutions of the Government of the Russian Federation adopted on 15.05.2010 # 341, 29.07.2013 # 642, 29.07.2013 # 644, 30.12.2013 # 1314, 15.04.2014 # 344, 23.08.2014 # 845,

with amendments introduced by the decision of the Supreme Court of the Russian Federation adopted on 30.03.2012 # AKPI12-292)

  1. An organization which maintains utility networks must, within 14 working days from the date of receipt of a query named in paragraph 8 of these Rules, determine and provide technical specifications or the information on charges for connection of a capital construction object to utility networks, or provide a reasonable rejection to issue such conditions is case of lack of capacity for connection of a constructed (reconstructed) object to utility networks. (As amended in the Resolution of the Government of the Russian Federation adopted on 15.04.2014 # 344)

Issuance of technical conditions or information on charges for connection of a capital construction object to utility networks is carried out free of charge.

In case of absence of technical feasibility for connection (connection to service) at the time of the applicant’s request, as a result of lack of capacity for providing hot water, and the absence of the organization performing hot water supply in the investment program, and measures to ensure the technical feasibility of connection (connection to service), the organization which is carrying out hot water supply, in the manner prescribed by Article 19 of the Federal Law “On water supply and sanitation”, will take steps to determine the possibility of connection (connection to service) of the applicants’ object to the centralized systems of hot water supply. To accomplish this, the company sends a request to the local government bodies of a settlement or an urban district on connectivity options (connection to service) of the applicants’ object to centralized hot water supply networks. Upon that the organization which maintains hot water supply, is required to determine and provide technical specifications or information on  charges for connection of capital construction object to a centralized hot water supply system or send a reasonable rejection to grant the specified conditions within 14 working days from the date of receipt of information from the local government bodies of a settlement or an urban district, as it is required by paragraph 2 of article 19 of the Federal Law “On water supply and sanitation.”

(The paragraph was introduced by the Resolution of the Government of the Russian Federation 29.07.2013 # 642)

  1. Technical specifications must include the following data:

highest load in possible connection points;

term of connection of a capital construction object to utility networks, which is defined depending on the timing of implementation of investment programs;

in-force period of technical conditions, which is calculated from the date of their issuance and is at least 5 years for the integrated development of land for housing (with the exception of the cases provided for by the legislation of the Russian Federation), and in other cases – at least 3 years. After this period the parameters of technical specifications are subject to change.

(as amended in the Resolution of the Government of the Russian Federation adopted on 23.08.2014 # 845)

  1. The information on charges for connection of a capital construction object to utility networks must include:

data on tariff for connection, approved at the time of granting technical conditions issued under the statutory procedure of the Russian Federation;

expiration date of a specified tariff (if the period of validity of this tariff will expire before the expiration of the technical specifications);

the date of re-applying for information about connection charges (if at the time of issuance of technical specifications the tariff for connection for the period of its validity is not imposed).

If the is no need in construction (reconstruction) of utility networks (except for utility networks used for cold water supply and sanitation) in order to connect a new object to them, the connection fee will not be charged.

If organizations engaged in operation of utility networks which are meant for connection in a capital construction project, do not have an approved investment program, the connection is made without charge.  There will be issued technical conditions in accordance with paragraph 7 of these Rules instead of information on connection charges.

Approved by

The Resolution of the Government

of the Russian Federation

on February 13 # 83

 

RULES

OF CONNECTION OF CAPITAL CONSTRUCTION OBJECTS TO UTILITY SYSTEMS

Lost effect on March 1, 2014. – Resolution  of the Government of the Russian Federation, 30.12.2013 # 1314.

 

THE RUSSIAN FEDERATION

FEDERAL LAW

On State Registration Real Estate Property Rights and Transactions

Adopted by

the State Duma on June 17, 1997

Approved by

the Federation Council on July 3, 1997 

Article 6. Recognition of earlier emerged rights

  1. Real estate property rights, arose before coming this Federal Law into force, are admitted as legally valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the will of their owners. 

State registration of the real estate rights emerged before coming this Federal Law into force and state registration of transfer of this right emerged after coming this Federal Law into force, rights limitations (encumbrances) or transactions with a real estate item completed after coming this Federal Law into force, are conducted  within 10 working days starting from day of submission of an application and other documents required for state registration of rights, their transfer and limitations (encumbrances), or transactions with a real estate item completed after coming this Federal Law into force, if other terms are not specified by the Federal Law.

(As amended in Federal laws adopted on 27.12.2009, #343-FZ, 23.07.2013 #250-FZ, 22.12.2014 #447-FZ) 

Article 13. Procedure for state registration of rights

  1. State registration of rights is conducted as follows:

Admission of documents submitted for state registration of rights, registration of these documents;

(Federal law #66-FZ, 13.05.2008)

Legal appraisal of documents including the legitimacy of the transaction (except for notarially certified transactions) and establishment of the absence of contradictions between stated rights and the registered rights to the real estate item, as well as other reasons for refusal of the state registration of rights or suspension of state registration of rights according to this Federal law;

(Federal law #379-FZ, 21.12.2013)

The paragraph has lost force since October 1, 2013. – Federal law #250-FZ, 23.07.2013;

Making entry of records into Single State Register in the absence of said contradictions or other reasons for the refusal or suspension of state registration of rights;

Putting down inscriptions on right-proclaiming documents of title and issuance of certificate of state registration of rights.

  1. State registration of rights is conducted within 10 working days starting from day of submission of an application and other documents required for state registration of rights, if other terms are not specified by the Federal Law. 

( Federal law #133-FZ, 28.07.2012; Federal law #250-FZ, 23.07.2013; Federal law #447-FZ, 22.12.2014)

 

 

THE RUSSIAN FEDERATION

FEDERAL LAW

On State Registration Real Estate Property Rights and Transactions

Adopted by

the State Duma on June 17, 1997

Approved by

the Federation Council on July 3, 1997

Article 25. State registration of the right to a newly-established object of real estate.

(Federal law #196-FZ,  29.12.2004)

  1. The right to a newly-established object of real estate is registered on the basis of title establishing documents on the land plot, on which the object is built, as well as on the basis of occupancy permit if in accordance with legislation such permit is necessary.

Submission of title establishing documents for the land plot is not required if the applicant’s right (or the right of the person represented by the applicant in case the documents for state registration are provided by him) for the land plot has already been registered according to the procedure prescribed in this Federal law.

The occupancy permit, if it is required according to legislation of the Russian Federation, is requested by the state agency which execute state registration of the rights from the state agency which has issued such permission, in case an applicant did not submit such permit on his/her own initiative.

(paragraph 1, Federal law #250-FZ,  23.07.2013)

 

THE GOVERNMENT OF MOSCOW

DECREE

April 12, 2010 # 655-RP

ON MEASURES TO REDUCE THE TERMS OF PROCESSING AND ISSUING
DOCUMENTS FOR IMPLEMENTATION OF CITY PLANNING
ACTIVITIES IN THE CITY OF MOSCOW

A list of amendatory documents

(as amended by the Resolution of the Government of Moscow on 08.08.2012 # 383-PP)

In order to reform the existing system of maintenance of urban development in the city of Moscow in the context of changed legislative framework, reduced number of approvals, terms of processing and issuing of documents to the applicants, as well as facilitation of interaction with the executive authorities of the city of Moscow while implementing capital construction projects:

  1. To approve the list of measures for reducing the term for processing and issuing of documents for implementation of urban development activities in the city of Moscow, according to the supplement of the given decree.
  2. First Deputies, Deputies of Mayor in the Moscow Government, heads of departments and committees – all responsible for implementing certain measures (supplement) should provide their execution within one month including preparation of draft documents on amendments to the normative legal acts of the Government of Moscow (Paragraph 4 of the supplement).

Supplement

to the decree of the Government of Moscow

April 12, 2010  # 655-RP

ТHE LIST OF MEASURES

FOR REDUCING THE TERM FOR PROCESSING AND ISSUING OF DOCUMENTS FOR IMPLEMENTATION OF URBAN DEVELOPMENT ACTIVITIES IN THE CITY OF MOSCOW 

4.1. To ensure control over the order of issuance of technical conditions for connection to engineering networks by operating entities in terms of no more than 14 days, free of charge and without any participation requirements: in approval of project documentation on the stage of its submission to Mosgosekspertiza (Moscow State Expert Committee); during construction works on the basis of individual contracts on maintenance technical supervision; at the stage of commissioning of a building.

 

THE GOVERNMENT OF MOSCOW

RESOLUTION

From April 30, 2013 № 284-PP

ABOUT OPTIMIZATION OF APPROVAL PROCEDURES

OF ARCHITECHTURAL AND URBAN PLANNING DECISIONS ABOUT OBJECTS OF CAPITAL

CONSTRUCTION IN THE CITY OF MOSCOW

A list of amendatory documents

(as amended in the resolutions of the Government of Moscow: 14.05.2014 # 258-PP, 21.05.2015 # 305-PP, 21.05.2015 # 307-PP, 17.06.2015 # 367-PP, 22.12.2015 # 911-PP, with the amendments introduced by the resolution of the Government of Moscow

21.05.2015 № 306-PP)

  1. The provision warrants the approval of the architectural and urban planning decisions in the city of Moscow for the following types of work:
  2. a) construction (except for the capital construction objects up to 2 floors, with total area up to 1500 square meters, which are not intended for habitation and production activities (including warehouses), located outside of the Central administrative okrug of Moscow, outside of the borders of the territories of cultural heritage objects and their protection zones, objects not located on main streets of citywide and regional significance).

(signed “a” in edition of the resolution of the Government of Moscow, 14.05.2014 # 258-PP).

  1. b) reconstruction (except for the capital construction objects up to 2 floors, with total area up to 1500 square meters, which are not intended for habitation and production activities (including warehouses), located outside of the Central administrative okrug of Moscow, outside of the borders of the territories of cultural heritage objects and their protection zones, objects not located on main streets of citywide and regional significance, as well as reconstruction works associated with the replacement and / or restoration of supporting constructions of capital construction objects and do not involve changes to the external appearance of objects).

(As amended by the resolution of the Government of Moscow, 14.05.2014 № 258-PP).

  1. Provision is made for differentiated consideration procedure of architectural and urban planning decisions for construction projects in Moscow, which are divided into urban and regional significance.
  2. Differentiation of projects is carried out by the Committee in accordance with paragraphs 13 and 14 of this resolution. It is performed taking into account of the object’s location in the city structure, its influence on city image and its social significance, as well as peculiarities of architectural and urban planning decisions and technical-economic parameters of the object.
  3. Objects of urban significance comprise the objects which are characterized by one or more following features:
  4. a) located in the Central administrative okrug of Moscow;
  5. b) located within the boundaries of the territories of cultural heritage objects and their protection zones;
  6. c) located on the main streets of citywide importance (including outbound main roads and the Moscow Ring Road (MKAD)).
  7. d) less than 10 floors;
  8. e) area less than 20 thousand square meters;
  9. f) construction and (or) reconstruction of which are carried out by means of the city budget of Moscow;
  10. g) high consequence facilities, technically complicated and unique buildings.
  11. The objects of regional significance comprise the objects which are not specified by the paragraph 13.
  12. The terms of consideration, approval of an architectural and urban planning decision for an object (or the decision on denial an approval of architectural and urban planning decision for an object) and issuance of a certificate of approval of architectural and urban planning decision of a capital construction object (or a decision on the denial to issue architectural and urban planning decision certificate) are the following:
  • 10 working days – for objects of regional significance;
  • 25 working days – for objects of urban significance.

(Paragraph “18” in edition of the resolution of the Government of Moscow, 22.12.2015 # 911-PP)

 

Addendum 2

To the resolution of the Government

of Moscow

30 April 2013 N 284-PP

ADMINISTRATIVE REGULATION OF

THE PROVISION OF STATE SERVICE

“PREPARATION AND ISSUANCE OF

CERTIFICATE OF APPROVAL OF ARCHITECHTURAL AND URBAN PLANNING DECISION FOR A CAPITAL CONSTRUCTION OBJECT” IN THE CITY OF MOSCOW

A list of amendatory documents

(As amended in the resolution of the Government of Moscow, 22.12.2015 # 911-PP)

1.General provisions

2.7. Term of provision of a state service

2.7.1. The total period of provision of a state service includes the term of interdepartmental informational interaction of state bodies, local government bodies and subordinated organizations in the process of providing state service. It cannot exceed:

– 10 working days – for objects of regional significance;

– 25 working days – for objects of urban significance.

2.7.2. The term of provision of a state service starts upon the next working day after the day of registration of a request in the Committee.

 

THE RUSSIAN FEDERATION

FEDERAL LAW
ON THE STATE CADASTRE

Adopted by

the State Duma on July 4, 2007

Approved by

the Federal Council on July 11, 2007 

Article 15. The Informational Interaction While Keeping the State Cadastre of Immovable Property

(as amended by the Federal Law, 23.07.2013, #250-FZ)

  1. The state power bodies and local authorities are bound to follow the procedure established in compliance with this article, they are obliged to send documents for submitting data to the state cadastre of immovable property in the event of adoption by them of the following decisions:

___________________________________________________________________

KonsultantPlus: note                                                                                               

The rules of Item 9 of the Part 1 of the Article 15 of the Federal Law as regards forwarding a copy of an occupancy permit for a capital construction object while performing informational interaction shall apply starting from March 1, 2015

_______________________________________________________________

9) on issuance of occupancy permits for capital construction object;

 

Article 22. The Set of Documents Required for the Purposes of Cadastral Registration

  1. Unless otherwise envisaged by the present Federal Law, the documents required for the purposes of cadastral registration are submitted by the applicant together with the application. Below are the documents required for cadastral registration:

(as amended by the Federal Law 01.07.2011 #169-FZ)

_________________________________________________________

KonsultantPlus: note

The rule of item 3 of part 1 of the article 22 of the Fedaral Law as regards the opportunity of submission of a copy of an occupancy permit of a capital construction object instead of technical plan of the building applies if this permit is issued after the day of coming this Federal Law into force. (part seven of article 47 of this document) 

3) a technical plan of a building, structure, premises or an asset under construction (while registering such item of immovable property or a part of it thereof or a change therein, except for cadastral registration in connection with a change in the details of such item of immovable property specified in Item 7, 15 or 16 of Part 2 of Article 7 of the present Federal Law) or a copy of a Permit for commissioning of a capital construction facility (when such capital construction facility or a change therein is registered) – a copy of an occupancy permit for a capital construction facility or the necessary information contained in such document shall be requested by the cadastral registration body within the framework of inter-departmental information cooperation from the federal executive governmental body, the executive governmental body of a subject of the Russian Federation, the local government body or the empowered organization that has issued such document;

(as amended by the Federal Laws adopted on 01.07.2011 #169-FZ, 23.07.2013 #250-FZ, 22.12.2014 #447-FZ)

Article 25. Special Aspects of the Cadastral Registration of Certain Kinds of Immovable Property and of the Registration of Parts of Immovable Property Items

4.2. Upon receiving by way of informational interaction a copy of an occupancy permit, the cadastral registration body will register such object within the term fixed by Article 17 of the Federal Law. (The part 4.2 was included by the Federal Law  on 23.07.2013, #250)

 

THE GOVERNMENT OF MOSCOW

RESOLUTION

December 30, 2008, # 1249-PP

ON AMENDMENTS AND REVOCATION OF CERTAIN LEGAL ACTS OF THE CITY OF MOSCOW

In order to bring the legal acts of Moscow in accordance with the Construction Code of the Russian Federation, the Government of Moscow has decided:

  1. To recognize as invalidated:

2.10. The Moscow Government Resolution of July 11, 2000 #530 “On approval of the Moscow construction regulations” Acceptance and commissioning of completed construction projects. The main provisions”.

Mayor of Moscow

Y.M. Luzhkov

 

CONSTRUCTION CODE OF THE RUSSIAN FEDERATION

Adopted

by the State Duma

on December 22, 2004

 

Approved

by the Federal Council

on December 24, 2004

 

Article 55. Issuance of occupancy permits

  1. The following documents are required for making decision on issuing an occupancy permit:
  2. act of acceptance of an object of capital construction (in case of construction, reconstruction projects on the basis of a contract);

(according to the edition of the Federal law issued on 18.07.2011 #243-FZ)

 

 

THE GOVERNMENT OF THE RUSSIAN FEDERATION

 

RESOLUTION

May 29, 2015 # 525

ON AMENDMENTS

IN CERTAIN LEGAL ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

The Government of the Russian Federation has decided:

to approve the attached amendments which are introduced to the legal acts of the Russian Federation.

The Chairman of the Government

of the Russian Federation

  1. MEDVEDEV

 

Approved

by the Resolution

of the Government of the Russian Federation

May 29, 2015 г. # 525

 

AMENDMENTS

WHICH ARE INTRODUCED TO THE LEGAL ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

  1. The Rules of organization of revenue metering of water, sewage, approved by Resolution of the Government of the Russian Federation on September 4, 2013 # 776 “On approval of the Rules of the organization of revenue metering of water, sewage” (Collection of legislation of the Russian Federation, 2013, # 37, Art. 4696, 2014, # 14, Art. 1627):
  2. a) to recognize as invalid paragraphs ## 32 and 33;
  3. b) to delete the words “approved by organization which provides water supply and (or) sewage services” from the subparagraph “a” of paragraph 35.
  4. To recognize as invalid the paragraph 52 of the exhaustive list of procedures related to housing construction, approved by the resolution of the Russian Government on April 30, 2014 # 403 “On the exhaustive list of procedures related to housing construction” (Collection of legislation of the Russian Federation, 2014, N 19, Art. 2437; # 44, Art. 6059; 2015, # 6, Art. 973).