Discussion moderator - Beregovskikh A.N. (ITP Grad, Omsk)

The primary objectives of the discussion are to determine the basic principles for the formation territorial zones on urban zoning maps in order to provide practical assistance to local governments and developers of the Rules for land use and development of urban districts and other settlements under the current legislation, as well as the formation of a consolidated proposal on behalf of the professional community to amend the Town Planning and Land Codes aimed at regulating existing contradictions and improvement of existing norms of federal legislation.

The conclusions of the discussion will be used in the preparation of materials for consideration at meetings of the working group on strategic and territorial planning of the Public Council under the Ministry of Regional Development of Russia.

This discussion does not address issues related to the composition of the initial data and the consideration of urban planning restrictions when preparing a map of territorial zoning. We will devote separate discussions to these topics.

Participants of the discussion:

Mityagin SD, chief architect of OAO NIIP Urban Development;

Bocharov M.V., Deputy Director of the Real Estate Department of the Ministry of Economic Development of the Russian Federation;

Bobylev S.Yu., General Director of LLC “Architectural Workshop S.Yu. Bobylev”, a member of the board of the NP “Guild of Architects and Engineers of St. Petersburg”;

Boroznov A.A., Advisor to the General Director of the RHD Foundation;

Daribabina E.V., Head of the Department for Control over Urban Planning Activities of the Ministry of Defense of the Service for Housing Control and Construction Supervision of the Khanty-Mansi Autonomous Okrug-Yugra;

Nikolaev S.N., Deputy Chairman of the Construction Committee, Head of the Department of Municipal Construction Supervision of the Committee for Urban Planning of the Administration of the city of Bratsk;

Korenev V.I., Chief Architect of Tomsk, Candidate of Architecture, Associate Professor of TSUAE

General provisions of territorial zoning

1. An urban zoning map is prepared on a cartographic basis in a coordinate system and with the accuracy of maintaining the state real estate cadastre on the territory of the municipality.

2. In order to justify the boundaries and types of territorial zones, the following preparatory activities are carried out:

On a cartographic basis, the boundaries of the municipality and the settlements included in it are displayed, as well as the boundaries of the elements of the planning structure and functional zones established by the territorial planning documents of the municipality (if there is a master plan);

The elements of the planning structure are determined, within the boundaries of which the use of land plots and capital construction facilities is carried out in accordance with territorial planning documents;

The primary elements of the planning structure (quarters) are determined, the boundaries of which are set with red lines in accordance with the approved territorial planning projects;
the primary elements of the planning structure are determined, the boundaries of which are established by the previously approved (before the adoption of the Town Planning Code of the Russian Federation in 2004) red lines.

3. Within the boundaries of the elements of the planning structure, the use of the territories of which is carried out in accordance with the documents of territorial planning, the territorial zones are formed by detailing the functional zones based on the actual use of these territories.

4. Within the boundaries of the elements of the planning structure, the actual use of the territories of which does not correspond to the territorial planning documents and in relation to which the territory planning documentation has not been approved, the territorial zones are formed by duplicating the functional zones established by the territorial planning documents.

5. Within the boundaries of the elements of the planning structure, the actual use of the territories of which does not correspond to the documents of territorial planning and in relation to which the documentation on the planning of the territories is approved, the territorial zones are formed by detailing the functional zones in accordance with the functional purpose and boundaries of the planned zones for the placement of federal, regional and of local importance, as well as other objects and town-planning complexes established by the territory planning documentation.

6. The boundaries of the territorial zones are established mainly along the boundaries of the administrative-territorial division, the boundaries of functional zones, red lines, the boundaries of the zones of placement of objects of federal, regional and local significance, the zones of placement of other objects and urban complexes, the boundaries of existing and formed land plots, other reasonable boundaries .

7. Since the territorial zones duplicate the functional zones or detail and refine them, the size of the territorial zone must be identical to the size of the functional zone or be less than it.

8. If the territory under consideration is not subject to town-planning transformation in accordance with territorial planning documents, the detailing of functional zoning on the town-planning zoning map is carried out in accordance with the actual use of the territory. Such territories, as a rule, include multifunctional territories. central parts cities, residential areas of large-panel housing construction, built up according to the micro-district principle, areas of preserved estate-type residential development, existing industrial territories, squares, parks and other recreational socially significant objects, as well as other territories, the use of which fully complies with territorial planning documents.

The meaning of urban zoning of such territories is to create conditions for maintaining the best use of land plots and capital construction facilities, as well as their consistent replacement (reconstruction) as they wear out with even better real estate in order to ensure the sustainable development of these territories.

The boundaries of territorial zones in such cases are established by fixing the red lines previously established by the detailed planning projects and development projects, the boundaries of urban complexes, residential groups, and other planning elements. Territorial zones are formed by identifying common features of the homogeneity of the functional use of the territory and its construction, architectural and landscape characteristics. The list of types of permitted use of real estate within such zones is compiled by including all types of existing use of the territory corresponding to its functional purpose, as well as additional types of activities and facilities, the functioning of which could improve the quality of life in the territory under consideration and create additional conditions for business development .

For example, in accordance with the existing use of a residential microdistrict, territorial zones of multi-storey residential buildings, storage and maintenance zones for vehicles, educational and educational zones, recreational zones, public and business zones, and others can be allocated.

The types of permitted use of real estate objects on the territory of the zone of multi-storey residential development can be established in addition to residential buildings, objects of trade and consumer services, kindergartens of small capacity (given the huge shortage of places in kindergartens) and other objects. All additional types use should be classified as auxiliary types of permitted use, which can be allowed only if there is a main type - residential buildings. In addition, the placement of such objects can only be in built-in and attached premises and with the condition of providing an entrance and organizing an entrance group from the side of the main facade of the house facing the street or other object of the road network.

The limiting parameters for the development of such objects are calculated in accordance with the current legislation, regional and local standards for urban planning.

Thus, when preparing an urban zoning map in relation to the territory, the use of which corresponds to the master plan, the main thing is to determine the optimal list of types of territorial zones and establish their boundaries, ensuring the holistic harmonious development of the territory in the interests of society, business and citizens.

In some cases, when calculating the limiting parameters for the development of such territories and analyzing the existing development, the possibility of forming a land plot for new construction can be determined. For such cases, the Rules provide for the possibility of forming a land plot for the construction of a new capital construction facility on the basis of a land surveying project within the territorial zone. In such cases, it is advisable to classify new construction objects as conditionally permitted types of land use.

9. If the territory under consideration, in accordance with the documents of territorial planning, is subject to urban transformation, the detailing of functional zones can be provided only on the basis of the decisions of the documentation on the planning of territories. Such territories are subdivided into territorial zones, types of permitted use, the limiting parameters and characteristics of which are established more precisely by planning and land surveying projects.

For example, on the basis of a planning and surveying project for the territory of a functional residential area, the boundaries of which are defined in the master plan in accordance with the boundaries of the planning area, the said territory can be subdivided into several territorial zones. Such zones may include a residential zone of multi-storey buildings, a residential zone of mid-rise buildings, an educational and educational zone, an administrative and business zone and other territorial zones. The boundaries of such zones are established along the red lines of the formed primary elements of the planning structure (quarters) and the boundaries of the planned land plots intended for the placement of capital construction objects for various purposes or urban development complexes.

10. In relation to the territory subject to urban development in accordance with the territorial planning documents, but in the absence of documentation on the planning of such a territory, the boundaries of the territorial zones are established by duplicating the boundaries and names of the functional zones established by the territorial planning documents. So, when determining the type and size of the territorial zone within the boundaries of a functional residential zone, the boundaries of which are defined in the master plan and correspond to the boundaries of the planning area, the named territory should be attributed to the territorial residential zone, and the urban planning regulations for the use of land plots and capital construction projects within this the zone establishes a wide range of types of permitted use, including all types of activities and facilities necessary for the full existence of a residential area. Such types of permitted use include residential buildings of various heights, comprehensive schools, preschool institutions, sports and cultural facilities, clinics and pharmacies, trade and consumer services, financial institutions, storage and maintenance of vehicles and much more.

Taking into account the norm of the current legislation that the urban planning regulations apply equally to all land plots and capital construction objects within the territorial zone, this method of territorial zoning cannot guarantee the harmonious development of territories and the consistent improvement of the quality of the environment for the municipality, since with independent formation of a land plot by combining or dividing existing plots when acquiring ownership of a land plot, the right holder has the right to independently choose the type of use of the plot without taking into account the interests of the municipality.

When approving the planning documentation for these territories, it is recommended that the Rules be immediately amended in terms of detailing the territorial zones and establishing a more specific list of types of permitted use, as well as limiting parameters for the development of capital construction projects.

Features of the formation of territorial zones of urban transformation in territories with land plots taken into account in the State Property Committee

If the territorial zone cannot be established in accordance with the boundaries of the functional zone or the zone of location of objects of federal, regional and local significance in accordance with the territorial planning documents or territorial planning documentation due to the impossibility of attributing the land plots recorded in the State Property Code to only one territorial zone , the town-planning zoning map establishes the zone of town-planning transformation.

If two or more functional zones are established within the boundaries of the land plot by territorial planning documents, this land plot on the urban planning zoning map is included in the urban transformation zone, which, after the development and approval of the planning documentation for the territory of this zone, is divided into land plots and the corresponding territorial zones , the types of which are determined by the functional purpose established by the planning projects of the territories.

When forming a zone of urban transformation, the conditions for including within its boundaries the territory of functional zones, fully or partially formed within the boundaries of one land plot, must be observed. The zone of town-planning transformation cannot be less than the territory of the land plot subject to town-planning transformation in accordance with the territorial planning document.

Urban transformation zones are formed in order to provide mechanisms for the implementation of territorial planning documents in the absence of other ways to translate the decisions of the master plan or territorial planning scheme municipal district in land use and building regulations.

Establishment of a zone of urban transformation does not entail restrictions on the existing rights of owners of land plots and capital construction projects located within the boundaries of the established zone.

The urban planning regulations of the urban transformation zone can be determined in two ways:

1) In the urban planning regulations of such a zone, linear objects of engineering infrastructure and transport infrastructure are established as the main types of permitted use of land plots and capital construction objects, conditionally permitted and auxiliary types of permitted use of land plots and capital construction objects are not established. The specified types of permitted use are valid until the approval of the documentation for the planning of the territory within the boundaries of the urban development zone and the introduction of amendments to the urban zoning map based on such documentation.

2) In the urban planning regulations of the zone of urban transformation, the actual use of the land plot and capital construction facilities is fixed, the parameters of construction and reconstruction are rigidly fixed (for example, the number of storeys, the percentage of development corresponding to the built-up area of ​​the land plot). At the same time, the development of ongoing activities or facilities can be allowed only if the urban transformation zone is divided into land plots in accordance with the planning and surveying projects and appropriate changes are made to the urban zoning map by dividing the urban transformation zone into territorial zones, the types of which correspond to the planned development. territories, established by the territorial planning document.

IN general view the sequence of actions for the development of territories within the boundaries of urban transformation zones can be represented as follows:

1) Preparation and approval of documentation on planning the territory, resulting in the establishment of red lines, the allocation of elements of the planning structure, objects of the street and road network, the boundaries of the zones of the planned placement of objects of social, cultural and domestic purposes, the boundaries of the zones of the planned placement of objects of federal, regional and local significance, establishing the characteristics and parameters of the planned development of the territory.

When holding public hearings on the approval of the territory planning documentation, it is recommended to include proposals for amending the Rules in the supporting materials of the territory planning documentation. This approach will help avoid erroneous urban planning decisions during the subsequent development of a project to amend the Rules, and will also give land owners time to implement the necessary measures for cadastral registration of land plots being formed, state authorities and local self-government - time to conclude buyout agreements with owners of the land plot, if the land plot owned by an individual or legal entity is subject to urban development.

2) Carrying out, on the basis of a land surveying project, work on the formation of land plots within the boundaries of the urban transformation zone, performance in relation to such land plots in accordance with the requirements established by Federal Law No. 221-FZ of July 24, 2007 "On the State Cadastre of Real Estate", works, as a result of which the preparation of documents containing the information necessary for the implementation of state cadastral registration of information about such land plots, the implementation of state cadastral registration of such land plots, as a result of which the existence of a land plot ceases to exist, within the boundaries of which an urban transformation zone was established, is ensured.

3) Introducing changes to the urban zoning map as part of the Rules in terms of excluding the urban development zone in relation to the relevant territory and establishing territorial zones in relation to such a territory that correspond to the decisions of the territorial planning documentation.

4) Use of land plots and capital construction facilities in accordance with the types of permitted use provided for in urban planning regulations for the relevant territorial zone.

The need to use special methods to establish the boundaries of territorial zones formed in territories subject to urban planning transformation under the conditions of existing land and property legal relations arises in cases where the boundaries of the element of the planning structure being formed intersect existing (accounted for in the State Property Code) land plots, which, as a result of urban planning transformation must be eliminated or converted.

These lands include:

Land plots under residential buildings recognized as dilapidated or emergency and intended for demolition;

Land plots of a temporary nature (formed for the placement of a temporary service facility, for seasonal use for haymaking or planting potatoes, etc.);

Land plots under production facilities intended for removal due to environmental damage, on the territory of which territorial planning documents propose to develop residential, public and business buildings;

Land plots for agricultural use within the boundaries of settlements, on the territory of which territorial planning documents propose to develop residential, public and business buildings;

Land plots formed with erroneous boundaries (for various reasons);

Land plots wholly or partially subject to withdrawal to meet state or municipal needs in accordance with the decisions of territorial planning documents or territorial planning documents;

Other land plots, the boundaries of which need to be transformed.

Subject to the rule that a land plot belongs to only one territorial zone, in these cases, the boundaries of territorial zones are formed taking into account the boundaries of existing land plots and may differ significantly from the boundaries of the elements of the planning structure.

After the transformation of land plots, the boundaries of territorial zones must be adjusted by amending the Rules on the basis of the approved documentation for the planning of the territory and data from the state real estate cadastre on the boundaries of newly formed land plots.

Features of the formation of territorial zones for
placement of objects of federal, regional and local importance

Urban Planning Code Russian Federation it provides for the placement of objects of federal, regional and local significance on the basis of decisions of territorial planning documents of the corresponding level. The territorial planning schemes of the Russian Federation, the constituent entity of the Russian Federation and the municipal district determine the area for the location of the object (if the location is not supposed to be outside the boundaries of the territory of settlements) is determined to the nearest settlement. The master plan specifies the location of the object to a specific functional area. The boundaries of the zone of location of such objects are established by the planning projects of the territories, and the boundaries of the land plots - by the projects of land surveying of the territories of the corresponding elements of the planning structure.

In order to ensure the implementation of decisions consistently taken at different levels of territorial planning and planning of territories on the placement of objects of federal, regional and local importance on the urban zoning map, it is advisable to establish individual territorial zones with a single type of use corresponding to the purpose of a socially significant object.

For example, in the city, based on the decision of the territorial planning scheme in the field of transport infrastructure of the Russian Federation, the construction of a railway station is planned. The master plan defines the corresponding functional area. The urban zoning map should form a territorial zone of transport infrastructure with the only main type of permitted use - Train Station. As part of the auxiliary types of permitted use, a fairly wide range can be established: hotels, restaurants, trade and consumer services, financial and credit institutions, and much more.

Features of establishing territorial zones in order to ensure the construction of social infrastructure facilities in existing buildings

In order to ensure the construction of educational, educational, healthcare and sports facilities in the existing building, the boundaries of the respective territorial zones may be established along the extreme boundaries of adjacent land plots. At the same time, the total area of ​​such adjacent land plots may be greater than the area of ​​the land plot required for the construction of an educational, educational, healthcare, and sports facility.

After the merger of land plots that are part of an educational and educational zone, a health zone or a sports zone at the initiative of the right holders of the memory in the manner prescribed by part 4 of article 41 of the Town Planning Code of the Russian Federation, the boundaries of these territorial zones can be changed by amending these Rules on the basis of the approved documentation for the planning of the territory of the corresponding element of the planning structure.

Features of establishing territorial zones in municipalities where there are no territorial planning documents

If there are no territorial planning documents in the municipality, territorial zones are established in accordance with the existing use of the territories, and only actually existing objects can be attributed to the types of permitted use of land plots and ACS. In such cases, territorial zones in undeveloped territories are not established.

Thus, the legal regulation of land and property relations in municipalities where urban development is not provided for is carried out within the framework of the actually existing land use.

When establishing urban planning regulations, it is advisable to include a wider range of activities in the types of permitted use of land plots and capital construction facilities than actually existing in order to create conditions for improving the quality of life of the population by attracting small business investments to the municipal economy.

Some thoughts on the topic of discussion
Mityagin S.D., Honored Architect of the Russian Federation, Doctor of Architecture, Professor, Chief Architect of OAO NIIP Urban Planning

The Town Planning Code of the Russian Federation, having introduced territorial (town planning) zoning as part of town planning activities in relation to the territories of settlements and urban districts, did not determine the sequence for developing documents: master plans municipalities, rules of land use and development and documentation on planning of territories. This misled the regional and local governments regarding the place of territorial zoning in the system of town-planning documents of title. The reason for the well-established delusion lies in the automatic transfer of the order of presentation of the norms of the Town Planning Code of the Russian Federation to the order and hierarchy of documents regulating town planning activities, which, on the one hand, gave rise to the redundancy of information saturation of individual documents, on the other hand, the impossibility of fulfilling some norms of the Town Planning Code of the Russian Federation. For example, the requirement to establish a unified urban planning regulation for all land plots of a particular territorial zone with the establishment of their maximum size, purpose and building parameters cannot be met simultaneously with the norm for establishing the main and auxiliary, as well as conditionally permitted types of land use in this territorial zone.

2. The Town Planning Code of the Russian Federation established that the main content of the master plans of municipalities is the functional zoning of the territory, at the same time, it did not determine the interaction of this type of zoning with territorial zoning. Thus, conditions were created for an ambiguous solution to this collision in legal documents municipalities, especially since both types of zoning operate with almost identical names of the established zones and indications of the display of their boundaries. In the most common situation, the territorial zones of the rules for land use and development of the municipality duplicate the location and actual content of the functional zones of the master plan. There are cases when, with the help of territorial zoning, the types of use of land plots that are part of the functional zone are detailed, but at the same time, the requirements of the Town Planning Code of the Russian Federation on the compliance of the land use and development rules of the municipality with the legal act that approved the functional zones as part of the master plan are formally violated.

In addition, the rule on the obligation to hold public hearings on drafts of both the master plan and the rules for land use and development confuses the population of municipalities and discredits the meaning and significance of this rule for the public. When discussing the draft master plan, the possibility of clarifying the designation of territories in territorial zoning is indicated, in which this possibility is then rejected as formally inconsistent with the previously adopted master plan.

3. These contradictions in the interpretation of the provisions of the Town Planning Code of the Russian Federation lead to unjustified delays, excessive detail in the development of title documents and containment of investment processes of socio-economic and urban development of urban districts and settlements. However, if the development of rules for land use and development of municipalities is attributed to the level of territorial planning documentation as one of the results of such development, then a hierarchical and optimally organized system for providing investment processes with title documentation is formed in the following form.

The master plan of the municipality establishes, substantiates and approves the functional zoning of territories both according to their main purpose and primary use, and according to the assignment of individual functional zones to development and reconstruction zones, as well as to urban rest zones.

Planning projects for the territory of individual functional zones of development and reconstruction substantiate and approve the composition, location and configuration of the primary elements of the planning structure of the territory - quarters, for which land use and development rules are developed simultaneously or selectively, associated with land surveying projects for these quarters, in the justifying part of which a volumetric-spatial solution of the development must be included without fail.

In this situation, it is precisely and only land surveying projects with a volumetric and spatial development solution and urban planning regulations for each land plot or a functionally homogeneous group of land plots proposed for development in accordance with the urban planning plans of such plots prepared as part of the land surveying project that are submitted for public hearings.

4. The proposed sequence and goals for the preparation of documentation regulating the urban planning activities of municipalities not only do not contradict the current norms of the Urban Planning Code of the Russian Federation, but also remove all contradictions associated with their incorrect interpretation. In addition, the development of documentation on the planning and land surveying of territories classified as development and reconstruction zones will significantly reduce the volume of such developments and will effectively concentrate budgetary and non-budgetary investments in limited areas of urban planning reforms, manage the process of development of municipalities by local bodies of socio-economic and territorial planning.

The joint development of rules for land use and development and documents for planning the territory automatically ensures the internal compliance required by the Urban Planning Code of the Russian Federation.
In rural settlements, where the development of a master plan has been deemed inexpedient by a local government decision, it is possible to prepare land use and development rules as part of planning and land surveying projects for the territory of existing functional zones in the event of expected and planned urban transformations of these zones.

To the discussion of model rules for land use and development
Bocharov M.V., Deputy Director of the Real Estate Department of the Ministry of Economic Development of the Russian Federation

Standard forms and provisions play a crucial role in the life of an ordinary consumer of the law. This is understandable: the average person is so arranged that it is always easier to make a ready-made decision than to look for your own, even if it is better. Especially if the solution was suggested to him by some of the best specialists in their field. Of course, it is precisely such people who should undertake the preparation of model provisions. The model provision is also good in that, unlike strict rules, it allows a certain freedom of clarification and change, which should also be taken into account by their compilers. Being a bridge between legislation and life, it allows us to understand how the law works in detail, to highlight those inconveniences and contradictions that were not visible behind the general words of the law.

The standard provisions should collect the experience and knowledge of many specialists who took part in solving a wide variety of issues. For this reason, the model provision must be a backward document in order to secure unconditional recognition. For example, in the United States, a model zoning law was passed at federal level only in 1936. This is 20 years after the introduction of the first zoning rules (New York, 1916) and 5 years after the confirmation of the constitutionality of zoning rules by the US Supreme Court. If the model provision precedes practice, then at first it should be substantially and repeatedly revised so that the performers have the opportunity to take into account the errors and developments identified in the course of work.

This lengthy introduction was necessary in order to emphasize several important points:

1) a model provision on the rules for land use and development (hereinafter - PZZ) is necessary and extremely useful;

2) before drawing up model provisions, it is necessary to make sure that the laws on which they are based, if not perfect, then at least acceptable, and for this, the first experimental data on the application of laws must be obtained, generalized and processed.

Are there any prerequisites for drawing up a model regulation of the PPP at present? This seems incredible to me. The provisions of the laws that determine the permitted use of land plots are too contradictory, the rules are too cumbersome, confusing and ineffective.

This material needs to be generalized and systematized, since local performers are in the worst position, they need to comply with these conflicting norms and regulations in a short time. To begin with, these could be instructions on some of the most pressing issues, for example, the calculation of plots under apartment buildings, cases of revision of the LPP, auxiliary and conditional use, etc.
Preparing guidelines, we cannot afford to deviate from the law, wishful thinking, as is often the case in the presented project. So, for example, in part 10 of article 3 of the standard project of the PZZ, the absolutely correct idea is indicated that engineering objects are implied by any urban planning regulations (I would add - in any area, except for those specifically stipulated by law), but, alas, the law is actually such contains no provisions. However, while I consider the development of a PPP model draft as a whole to be premature for recommending it on behalf of the authorities, I fully support the development of this draft. Its development will allow, like a magnifying glass, to identify all the shortcomings of the legislation, improve it, and also create a prerequisite for the creation of standard PPPs.

From my point of view, there is one big drawback in the presented standard design of the PPP, which is probably considered by the authors as an advantage. The presented model project of the PZZ is a kind of brief reference book on land and town planning legislation, full of general provisions of town planning and land legislation. This does not release the consumer of standard PZZ from knowledge of the relevant laws, but only diverts attention from the main goal of PZZ - determining the permitted use of land. I believe that it would be more appropriate to focus on these issues, especially since for almost all other issues, the PPP cannot establish any rules.

I prefer not to talk about other shortcomings of the project separately. They are only a refraction of the shortcomings of federal legislation.

On the contradiction between the goals and objectives of documents stipulated by federal laws and documents that determine the use of land plots.

The documents provided for by the Town Planning Code of the Russian Federation repeat each other in content, contradict the goals and objectives of the documents provided for by other federal laws, do not have clear goals for application.

To confirm these thoughts, I will give a number of examples. Spatial planning documents (hereinafter referred to as TP documents) do not have a clear continuation in the rules for land use and development (hereinafter referred to as PZZ). By and large, it is not clear to what extent the PPP should follow the territorial planning documents. If following is mandatory and exact, then the simultaneous presence of the PZZ and the general plan is redundant, since they actually contain the same set of information. If functional zones are just a project of territorial zones, then why is it necessary to confirm their content as part of the PPP, especially today, when the general plans and PPP are prepared by one designer as one complex document? If functional zones are an enlarged or approximate sketch that only sets the direction of development, which can be legitimately “aspired” for twenty years, then is such a master plan needed, which in fact can not be executed, infinitely “refinement and postponement” of its original plan?

In most US states (hereinafter I give examples of the United States, since the American experience was basically the basis of the Gradcodex of the Russian Federation), any change in zoning documents is possible only after a corresponding rethinking of the entire development plan of the territory. This rule is easily explained. The construction of, for example, a factory leads to the need for protective measures, the organization of new traffic flows, an increase in the demand for housing on the part of workers and other consequences that affect the entire territory of the municipality.

Moreover, if the TA documents undergo significant revision in the future, there is no guarantee that the PPPs will be updated accordingly. There is also no feedback. How long can the content of the PPP be changed without changing the TP documents? Can, say, the LSG, in the course of establishing a conditionally permitted type of activity (that is, rezoning of certain sections of elected citizens) site by site, revise all types of permitted use that were originally established by the LPP? Alas, unfortunately, the answers to these questions are either not clear or are such that they allow us to assert that the TP and PPP documents exist in isolation from each other, they are forced to converge only during the development of the PPP, which does not prevent their further divergence. This negates the significance of the TP documents and raises the question of the possibility of implementing the ideas set forth in the TP documents, and, ultimately, the expediency of their preparation!

In addition, unfortunately, the laws do not trace the connection between sectoral planning documents (a forest plan of a constituent entity of the Russian Federation, a municipal land management scheme, natural park zoning documents, a scheme for organizing and building summer and gardening associations, etc.) and TP documents, urban zoning and planning documentation provided for by the Gradcodex of the Russian Federation. This also introduces confusion into the issues of drafting TA documents and their implementation. Moreover, the very concept of the permitted use of a land plot is masked in bizarre forms: either it is “permitted use of forests”, or it is “types of agricultural land”.

Thus, in this matter it is necessary:

A) eliminate confusion at the conceptual and practical levels, clearly identify what are territorial planning documents and what are documents that determine the permitted use of land plots; clarify the content and eliminate the contradiction between them, identify cases and grounds for the use of special documents, and it would be better to bring them to a single form that takes into account industry specifics (this is especially true for industry laws);

b) Establish a reliable link between the TP documents and the PPP or other documents defining the permitted use, establishing that the zoning documents cannot be revised except after the revision of the master plans and in connection with this circumstance (exceptional cases need to be considered, for example, extraordinary circumstances , deviation from parameters, etc.);
c) introduce various ways to encourage local self-governments to revise the TP and PPP documents after making changes or adopting new TP documents at the federal or regional level;

D) establish the possibility of gradual implementation of the TA documents, taking into account the heterogeneity of the conditions for the development of the territory. The gradual implementation of plans should not turn into forever delayed development, but should be a clear program to change the types of permitted uses in accordance with the stages of development of the territory and (or) the occurrence of certain conditions. Thus, it is necessary to establish that functional zones are a project of territorial zones, but in order to achieve a given goal, the PPP may provide for intermediate types of permitted use, which should be temporary - no more than 10 years;

E) establish the possibility of implementing ALL the ideas laid down in the TP - otherwise there is no point in planning, but this is another conversation - a conversation about improving civil and land legislation. Here it is no longer possible to do with the standard reservation and withdrawal of land, here it will be necessary to improve the institutions of public territories, the redistribution of land plots, the development of built-up areas, to force a change in permitted use, etc.

The LPP should not regulate any other public relations, except for the issues of the permitted use of land plots (buildings, structures), requirements for land plots, buildings, structures, due to public interests, therefore, any mention of the procedure for granting land plots, concluding contracts is unacceptable. It is also doubtful that there is a section in the LPP on amending the LPP, since the act on approval of the LPP, being a normative legal act of local self-government, is changed or canceled in the same manner as any other normative legal act of local self-government.

As for other sections of the PZZ (zoning materials and urban planning regulations), three points immediately catch the eye:

A) what is the point of zoning the entire territory if the legal consequences occur only in relation to those zones for which the town planning regulation is in force (here I will keep silent about the cases when both the town planning regulation and another document, for example, the forestry regulation) are in force? What is the legal significance of such zoning? Does it redefine the development of forestry or agriculture, or merely reflect other planning decisions?

B) can the URBAN PLANNING regulations apply to other land plots where urban development is severely limited or prohibited, for example, to arable land? Obviously, in this case, the title will not match the content. Would it not be better for Caesar to give what is Caesar's? This can be done in the following way: to establish that it is zoning that generally determines the permitted use. Then everything falls into place. The urban planning regulations will be applied only insofar as it is allowed to build within the territorial zone. There will be no need to issue complex rules when urban planning regulations are not developed or applied (another quirk of urban planning legislation - regulations are developed, but not applied!).

There should be a special rule in relation to survey work, the placement of information signs, roads and other engineering facilities, they can be placed everywhere, unless otherwise provided by laws. Without such norms, PZZ are clogged. Instead of focusing on the main uses, planners are forced to write the following for any site: “as well as the location of the road, sidewalk, road and survey signs, traffic lights, gas pipeline, electrical networks, water supply, sewerage, communication lines”, etc.

C) how to achieve the elimination of contradictions between the territory planning documentation and zoning documents? Perhaps here I will surprise many by the fact that such contradictions exist, but they do exist. The zoning system in its classical (American) form does not have planning documentation for its continuation. In extreme cases, a plot may be attached to it - a planning solution that determines the road network and other public lands.

The classical zoning system works only in conjunction with the rules for the formation of land plots, which include requirements for their size, and urban planning standards that establish the mandatory presence of certain structures and objects, without which the plan for dividing the plots will not be approved, construction will not be allowed. Thus, in the United States, by establishing a list of permitted uses, the municipality leaves planning issues to the developer, reserving the position of the supervisory party. As a general rule, approval must be issued if all town planning requirements are met. The design, if it has not been prescribed by urban planning regulations, is determined by the developer.

In Europe, a different approach to the definition of permitted use. For example, in Germany and Sweden, the main document determining the permitted use of land plots is the territory planning project. This document "carries" the types of activities provided for by the general plan for a certain zone to certain land plots. Thus, the owner of the land plot is deprived of the opportunity to choose from the whole variety of activities provided in general terms by the master plan, and, therefore, a store cannot be built instead of a school. In other words, the zoning of the territory in the presence of a planning project loses its legal significance, the permitted use is determined precisely by the planning project. This has its advantages: where the attention of the municipality is focused on a certain development, which must take place within certain limits, the best document should be a site plan. In other cases, it is sufficient to have zoning documents outlining the general possible types of permitted use.

The essence of the above contradiction lies in the fact that the owner of the land plot, on the one hand, has the right to choose the type of permitted use from any established ones, on the other hand, he is forced to obey the location of buildings and their limiting parameters determined by the planning documentation, which may not correspond to the selected type of permitted use. use. For example, a planning project may establish the location of individual residential buildings, while the permitted use includes the construction of an apartment building.

D) the zoning system is extremely inflexible: all rights holders will strive to best view permitted use of the possible. As a result, the area will be saturated with shops and will not be provided with other (less profitable) public institutions (libraries, kindergartens, clinics, etc.). In response to such a threat, the municipality may make the list of uses very concise, consisting of homogeneous uses. Since these problems in the world were identified long ago, let's turn to the world's ways to overcome these difficulties. The first method has already been named - this is the definition of the types of permitted use by the planning project, where each site is prescribed its own permitted type, which makes it possible to avoid distortions in territorial development. Other ways may be:
a) "smart zoning" (in the US - smart code), which contains detailed standards for the saturation of social facilities, engineering infrastructure, building ratio, number of floors and the ratio of types of permitted use, which the developer has the right to combine in one combination or another, if the general parameters of the zone remain unchanged;
b) “an urban development agreement (in the USA - PUD-agreement), which contains detailed standards for the saturation of social facilities, engineering infrastructure, building ratio, number of floors and the ratio of types of permitted use, which the developer has the right to combine if the general parameters of the zone remain unchanged, and if the relevant agreements with the municipality and owners of plots within the zone are signed;

C) “conditional zoning”, according to which the type of permitted use is considered granted subject to the conditions specified in advance by the zoning documents: requirements for the area of ​​​​plots, parking spaces, the availability of engineering infrastructure or social facilities. If the conditions are met, the local government is obliged to issue an appropriate permit. Of course, public hearings are not held, since these conditions were the subject of discussion at public hearings prior to the approval of the zoning documents. The difference between conditional use in our country and conditional use in the United States is striking. If in the US the granting of permitted use is indeed predetermined by objective conditions, then our “conditional” permit is at the discretion of the official, since neither public hearings nor the current PLA and master plan are an obstacle to changing the type of permitted use bypassing the entire zoning system. I described the danger of this above, but here it is appropriate to note the corruption of this norm and the fact that the decision is made by an official bypassing the opinion of not only the city council, but the community as a whole, which voted for a different development of the territories;

D) "floating permitted use" (in the US - floating zoning), according to which a conditionally permitted type of use (in the sense used by the US) is provided in order of priority to applicants;

E) "exclusive zoning", which provides for the exclusion of only certain types of activities, allowing all other types of activities;

E) "positive zoning", which allows only those activities that are directly indicated for this zone. The feeling that this zoning is most similar to Russian zoning is misleading. The main difference is that in this zoning system, as in the systems mentioned above, the ancillary uses are not established by the acts of the authorities, but are carried out "as a free addition" to the established permitted use. And how can an auxiliary use be considered as such if it is established in the same way as the main type of permitted use. This relieves planners of the risk of missing out on, for example, the construction of a children's swing, a woodshed, and the like. in relation to the main type of use - an individual residential building. In the industrial area, auxiliary can be different kinds activities ranging from providing medical services and ending with the food of the workers. At the same time, it is important that a threshold be fixed by law, through which an auxiliary type of permitted use cannot pass. So, for example, if the factory canteen grows and exceeds the area of ​​all industrial premises, then this is obviously another type of permitted use.

On the procedure for the adoption of the PZZ.

The presence of the notorious commission, which is a kind of adapter between the government and the public, looks like the fifth wheel in a cart. It really is. Here there was a mechanical borrowing of the American experience without regard to its essence. In the United States, municipalities do not have the right to issue their own legal acts, all municipal lawmaking, including in the field of urban planning and land policy, is carried out on the basis of powers delegated by the state. In this sense, the representative body of the municipality cannot be both a representative of the state (within the framework of delegated powers) and a representative of the local community. Therefore, according to the theory of checks and balances, in cases where the municipality exercises lawmaking, that is, the power given to it by the state, it must be countered public opinion. Here is a short explanation of planning commissions in the US. On our soil, the commissions are useless, since LSGs, by virtue of the law, are representatives of the local community and carry out their lawmaking. This conclusion is reinforced almost universally by the fictitious nature of the commissions run by municipal officials. In order to avoid red tape, it is desirable to abolish such commissions and emphasize the responsibility of local officials, not diluted by the commission decision, to the local community for the decisions made.

The timing of the revision of the LPP is not clear. Meanwhile, it is extremely important for developers to know that there is a certain time period during which the LPP or planning documentation cannot be revised, otherwise the money spent on survey and design will be wasted. At present, it is not clear whether the change in the LPP and the planning documentation is the basis for the cancellation or modification of the building permit. A rule should be introduced that a previously issued building permit is retained, except in exceptional cases specified by law. Early revision of the LPP, if it took place without the consent of the interested owners of land plots, should be the basis for compensation for their losses.

On certain issues of zoning and preparation of documentation for the planning of the territory.

Currently, it is provided that the boundaries of the zones should coincide with the boundaries of the land plots. This is clearly an impossible requirement. Firstly, the exact boundaries of land plots are absent in almost half of the cases, and secondly, the existing boundaries of land plots may not correlate with development needs in any way (for example, there are no existing fields that match the size of residential microdistricts). Accordingly, this rule needs to be revised. Enough norm reverse action: the boundaries of the formed land plot should not cross the boundaries of the zones. It is also necessary to introduce a number of new rules. If the land plot is divided by several zones, the cadastral registration authority assigns to such a plot the permitted use prescribed by the zone in which the majority of the plot is located, but construction on such a plot is impossible until it is divided.

It is also necessary to improve the types and content of documentation on the planning of the territory, depending on the goals and conditions for its preparation: this may be a reconstruction or development project new territory, a project for the construction of one or more facilities (this is especially necessary for the construction of linear facilities located outside the boundaries of the settlement, subsoil use facilities). Obviously, for various purposes, the content of the planning project and the procedure for its approval should be different. A big problem at present is that the design solution is not necessarily followed due to the simple lack of interconnection of documents and technological processes. For example, there is no way to encourage utilities and engineering services to develop territories, which are not always government organizations. There is no way to combine engineering development with the timing of the construction of individual facilities. Roughly speaking, there is no opportunity to draw up a plan for the development of the territory and guaranteed to bring it to execution. It is not even possible to check the boundary plan for compliance with the project of land surveying, which makes the formation of land plots highly dependent on the conscientious behavior of the land owner. In general, there is no clarity in which cases documentation for the planning of the territory should be developed, and in which cases the formation of land plots is possible without it.

All this makes the work of the authorities to a certain extent in vain. Heroic efforts in planning and approving documentation can turn out to be an empty phrase, so we need new legislation on determining the permitted use of a land plot, which would not only proclaim a clear procedure for determining the permitted use of land plots, linked to industry acts, but also make it possible to implement those laid down in the planning idea documents.

Proposals for improving urban zoning
Bobylev S.Yu., General Director of Architectural Workshop S.Yu. Bobyleva”, a member of the board of the NP “Guild of Architects and Engineers of St. Petersburg”

Proposals on the structure of urban planning regulations.

It is advisable to include in the Rules general provisions on the establishment of urban planning regulations. For example:

1. These Land Use and Development Rules (hereinafter referred to as the Rules) establish urban planning regulations regarding the types of permitted use of land plots and capital construction facilities, as well as the maximum sizes of land plots and the maximum parameters of permitted construction, reconstruction of capital construction facilities, related to all territorial zones in in general and (or) to groups of territorial zones, as well as to individual territorial zones.

2. Urban planning regulations relating to all territorial zones in general and (or) to groups of territorial zones are given in Chapter 10 of Part II of these Rules. Urban planning regulations in terms of restrictions on the use of land plots and capital construction facilities related to individual territorial zones are given in Chapter 11 of Part II of these Rules.

3. Urban planning regulations in terms of the maximum size of land plots and the maximum parameters of permitted construction, reconstruction of capital construction projects are established as follows:

Minimum area of ​​land plots;

Territory utilization rate;

Minimum indents of buildings, structures, structures from the boundaries of land plots;

Maximum protrusions beyond the red line of parts of buildings, structures, structures;

The maximum number of floors of the above-ground part of buildings, structures, structures on the territory of land plots. The number of above-ground floors includes technical, attic and basement, as well as other floors provided for by the relevant building codes and regulations as above-ground;

The maximum height of buildings, structures, structures on the territory of land plots;

The maximum total area of ​​capital construction objects for non-residential purposes on the territory of land plots. The calculation of the total area includes the area of ​​non-residential facilities located on all floors of buildings (including technical, attic, basement and basement (basement));

The maximum number of residential blocks of low-rise individual residential development (for houses of blocked development);

The maximum hazard class (according to the sanitary classification) of capital construction facilities located on the territory of land plots;

The minimum share of green areas of land plots;

The minimum number of parking spaces for the storage of individual vehicles on the territory of land plots;

The minimum number of places on loading and unloading sites on the territory of land plots;

The minimum number of parking spaces for storage (technological sludge) of trucks on the territory of land plots;

The maximum height of the fences of land plots of residential development;

The maximum planning module in the architectural solution of fences for land plots of residential development.

Proposals for determining the types of permitted use of land plots.

It is necessary to present a methodology for determining the types of permitted use of land plots as main, conditionally permitted and auxiliary. For example:

1. For all types of objects with the main and conditionally permitted types of use, auxiliary types of permitted use are applied to objects that are technologically related to objects that have the main and conditionally permitted type of use, or ensure their safety in accordance with regulatory and technical documents, including :

Public driveways;

Public utilities facilities (electricity, heat, gas, water supply, water disposal, telephone installation, etc.) necessary for engineering support of basic, conditionally permitted facilities, as well as other auxiliary uses;

Parking lots and garages for serving residents and visitors of the main, conditionally permitted, as well as other auxiliary uses;

Well-maintained, including landscaped, playgrounds, playgrounds for recreation, sports activities;

Economic sites, including - sites for garbage collectors;

Objects of trade, public catering and consumer services necessary to serve visitors to the main, conditionally permitted, as well as other auxiliary uses;

Temporary accommodation facilities required to serve visitors to the main, conditionally permitted, as well as other auxiliary uses;

Other objects, including those ensuring the safety of objects of basic and conditionally permitted types of use, including fire fighting.

2. Placement of objects of auxiliary types of permitted use is permitted subject to compliance with the requirements listed in paragraph 1 of this article, compliance with the requirements of technical regulations and other requirements in accordance with applicable law. On the territories of zones with special conditions for the use of the territory, the placement of objects of auxiliary types of permitted use is permitted subject to the requirements of the regimes of the corresponding zones established in accordance with federal legislation.

3. The total total area of ​​buildings, structures, structures (premises) of objects of auxiliary types of permitted use located on the territory of one land plot should not exceed 30% of the total area of ​​buildings, structures, structures located on the territory of land plots, including the underground part, in one territorial zone.

4. The total share of the land plot area occupied by objects of auxiliary types of permitted use, as well as landscaping related to them, parking spaces and other elements of engineering and technical support and improvement necessary in accordance with the current legislation, should not exceed 25% of the total area of ​​land plots located in the same territorial zone, if the excess cannot be justified by the requirements of these Rules. For all kinds of objects physical education and sports, including sports clubs, this indicator should not exceed 10% of the total area of ​​the land plot.

Proposals for establishing requirements for the types of permitted use of land plots

It is necessary to prescribe in the PZZ more detailed requirements for the types of permitted use of land plots. For example:

1. Within one land plot, including within one building, it is allowed, subject to current standards, to place two or more permitted types of use (main, conditional and auxiliary). At the same time, public and business objects designed to receive visitors within residential development sites are allowed only if they have separate entrances for visitors, entrances and car parking areas.

2. Placement of conditionally permitted types of use on the territory of a land plot may be limited in terms of the volume of permitted construction, reconstruction of capital construction projects. The restriction is established as part of a permit for a conditionally permitted type of use, taking into account the possibility of providing the specified type of use with social systems (only for residential buildings), transport services and engineering support; ensuring conditions for observing the rights and interests of owners of adjacent real estate objects, other individuals and legal entities; limiting the negative impact on the environment in volumes not exceeding the limits determined by the technical regulations and urban planning regulations established by these Rules in relation to the relevant territorial zone.

The total share of the land plot area occupied by objects of conditionally permitted types of use, as well as landscaping related to them, parking spaces and other elements of engineering and technical support and improvement necessary in accordance with the current legislation, should not exceed 50% of the total area of ​​the territory of the corresponding land plot in the respective territorial zone.

3. The placement of non-residential facilities for the main and conditionally permitted types of use in built-in and built-in premises attached to multi-apartment residential buildings is carried out in accordance with the types of permitted use specified in Chapter 11 of Part II of these Rules, subject to the requirements of technical regulations and other requirements in accordance with with current legislation. At the same time, the total area of ​​built-in and built-in-attached premises to multi-apartment residential buildings occupied by non-residential facilities cannot exceed 30% of the total area of ​​the respective residential buildings, excluding the underground part. Premises in (at) apartments or individual houses, designed for individual labor activity, are allowed subject to current regulations.

4. Placement of objects of the main and conditionally permitted types of use, in respect of which sanitary protection zones are established, is allowed provided that the boundaries of sanitary protection zones do not extend beyond the boundaries of the corresponding territorial zone, and for residential, public and business zones and recreational zones - beyond the boundaries of the land plot on the territory of which the specified objects are located.

Proposals to ensure the continuity of urban planning solutions.

It is advisable to establish the continuity of territorial planning and urban zoning documents by assigning an individual designation to each territorial zone or subzone within it (type, type, number, index, etc.).

For example, in accordance with the approved territorial planning document (general plan), the territory of the element of the planning structure for functional zoning is assigned to the residential zone of multi-storey residential buildings - Zh5.

The territorial zone on the urban zoning map corresponds to the designation "T Zh5", where T is the "territorial zone" (identifies the territorial planning document - PZZ);

Zh5 - designation of the functional zone in accordance with the approved territorial planning document.

As part of the territorial zone, subzones can be distinguished. For example:

T Zh5-1 - subzone of accommodation of residential facilities;

T Zh5-2 - subzone of placement of objects of preschool and general education;

T Zh5-3 - subzone of placement of objects of social and municipal purposes;

T Zh5-4 - subzone for the placement of storage facilities for individual vehicles;

T Zh5-5 - subzone of green areas for common use.
To identify territorial zones and subzones in order to provide information to the cadastral registration authority for inclusion in the state real estate cadastre, it is advisable to enter a serial number. For example: T Zh5-1_1, T Zh5-1_2, etc.

Opinion on the draft Methodological Guidelines for the Development of Rules for Land Use and Development
Boroznov A.A., Advisor to the General Director of the RHD Foundation

I have been “sick” for a long time about the topic of the Urban Planning Code, including, of course, the topic of the PZZ. Questions related to the content of the Methodological Guide are contained in my hard-won articles on the topic, published on the ArchiRu portal, which I bring to your attention (links on the website www.site).

Specifically, regarding the draft Methodological Guide (taking into account the content of my articles), first of all, I would like to express doubts about the timeliness of issuing such a methodological guide until the role, place in urban planning, the essence of the Rules for Land Use and Development (PZZ) and their goals, which are not fully clarified, are fully clarified , unfortunately, in the text of the current Gradkodeks. It is necessary first of all to resolve and close this issue with the introduction of appropriate amendments to the Gradkodeks. The proposed Guidelines, if adopted and implemented now, will create the illusion that there are no problems and may perpetuate the status quo for a long time to come.

PZZ are one of the types of urban planning. According to the provisions of the Gradcodex of the Russian Federation, regional and local urban planning standards are required, in which everything necessary for the design and development of local PZZ should be indicated. Everything that is common to all regions, necessary for the development of the PPP, but not clarified in the Gradcodex, would be more correct to add directly to its text.

The meaning and purpose of the PPP is the establishment and consistent refinement of strict, but clear and reasonable regulations, followed by long-term action (if not eternal). The validity of the regulations should be ensured precisely by their consistent refinement, but not by constant change!!! Consistent clarification is what is lacking in the Gradkodex about PPP, and due to the lack of which this document is sabotaged. To achieve the meaningfulness of the PZZ, it is necessary to apply most of the principles for developing planning projects for PZZ projects, to establish territorial zones and their urban planning regulations. The issues of harmonizing the boundaries of territorial zones and the boundaries of land plots intersecting with them should also be addressed when establishing territorial zones, and in case of problems, the approval of the boundaries of zones in such territories can simply be postponed. Then in the planning projects carried out on the basis of (!!) PZZ there will no longer be any “zones”, but there will be capital construction objects and specific land plots for them (which should be there). (Read more in my above articles).

Now I will come closer to the essence of the presented draft Methodological Guide. Omsk colleagues have been developing it since the time of the previous Gradkodex, which was in force until 2004. Ignoring the new provisions of the Gradkodex of 2004, partly using some of its not fully discussed requirements, in their methodology, Omsk citizens (A.N. Beregovskikh, ITP Grad) retain a huge flaw that disavows the value and significance of the PZZ, turns the PZZ into a formal one, nobody the required document.

Thus, the draft Methodological Guide provides for the constant introduction of changes to the PPP, that is, they cease to be “real” Rules, Regulations, the introduction of which by the 2004 Gradcodex as such is perhaps the main and most valuable innovation of the Gradcodex.

It is also repeatedly emphasized that the PZZ follow the planning projects and are developed after the planning projects, which directly contradicts the provisions of the Gradkodex (parts 5, 10, article 45) and all of its logic.

The sequence of urban planning, traced in the Methodological Guide, when the General Plan is followed by a planning project, and only then by the LPP, also implies the preservation of the content of the General Plans in principle identical to what it was before the adoption of the Urban Planning Code.

And this is another nail in the "coffin lid" of the PZZ and Gradkodex in general.
I will quote some quotations from the draft Guidelines as an illustration of the above.

Page 10-11: “The permanent operation of the Rules is ensured by making additions and changes to them in the prescribed manner. The basis for amending the Rules is, among other things, amending the territorial planning documents and approving the territory planning documentation. In the presence of approved documentation for the planning of the territory, the development of the draft Rules must be carried out taking into account such documentation. When developing the draft Rules, it is necessary to take into account the provisions of permits: urban planning plans for land plots.

Page 19-20: “9.3. If the territory under consideration, in accordance with the documents of territorial planning, is subject to urban transformation, the detailing of functional zones can be provided only on the basis of the decisions of the documentation on the planning of territories. Such territories are subdivided into territorial zones, types of permitted use, the limiting parameters and characteristics of which are established more precisely by planning and land surveying projects. 9.4. In relation to a territory subject to urban planning transformation in accordance with territorial planning documents, but in the absence of planning documentation for such a territory, the boundaries of territorial zones are established by duplicating the boundaries and names of functional zones established by territorial planning documents. Taking into account the norm of the current legislation that the urban planning regulations apply equally to all land plots and capital construction facilities within the territorial zone, such a method [when a wide range of types of permitted use is established] of territorial zoning cannot guarantee the harmonious development of territories to the municipality and a consistent improvement in the quality of the environment, since in case of independent formation of a land plot by combining or separating existing plots when acquiring ownership of a land plot, the right holder has the right to independently choose the type of use of the plot without taking into account the interests of the municipality. When approving the documentation for the planning of these territories, it is recommended to immediately make changes to the rules for land use and development in terms of detailing the territorial zones and establishing a more specific list of types of permitted use, as well as limiting parameters for the development of capital construction projects.

Page 21: "10. Features of the formation of territorial zones of urban development in the territories with land plots included in the State Property Code. If two or more functional zones are established within the boundaries of the land plot by territorial planning documents, this land plot on the urban planning zoning map is included in the urban transformation zone, which, after the development and approval of the planning documentation for the territory of this zone, is divided into land plots and the corresponding territorial zones , the types of which are determined by the functional purpose established by the planning projects of the territories. The urban planning regulations of the urban transformation zone can be determined by establishing the types of permitted use in strict accordance with the types of actual use of the land plot and capital construction projects. The limiting parameters for the development of such objects must correspond to the actual parameters of existing objects (number of floors, percentage of development). The development of the types of activities or objects being carried out can be allowed only if the urban development zone is divided into land plots in accordance with the planning and surveying projects and appropriate changes are made to the urban planning zoning map by dividing the urban development zone into territorial zones, the types of which correspond to the planned development of the territories, established by the territorial planning document.

Page 25: “After the transformation of land plots, the boundaries of territorial zones must be adjusted by amending the Rules on the basis of the approved documentation for the planning of the territory and data from the state real estate cadastre on the boundaries of newly formed land plots.”

Opinion on the draft Guidelines for the development of PPP
Daribabina E.V., Head of the Department for Control over Urban Planning Activities of the Ministry of Defense of the Service for Housing Control and Construction Supervision of the Khanty-Mansi Autonomous Okrug-Yugra

The methodological guide for the development of the Rules for Land Use and Development is an extremely important and necessary document, although a little belated. Currently, one of the main tasks set by the federal government for the subjects and local self-government is the development of entrepreneurial and investment activities, in the light of which there is an active fight against administrative barriers and us, the officials who create them. There were no victories. “Safely” the institute of the chief architect was abolished, the status of the architectural and planning task was lost, any approval of project documentation was prohibited by law, and the abolition of the examination is not far off, as it seems. Under such conditions, the Rules are practically the only working tool with which local governments can influence the development of their territories, ensuring favorable living conditions and activities for both ordinary citizens and labor “investment-entrepreneurs”.

It is no secret that our legislation is far from perfect. If the Urban Planning Code can be compared with a complex technical device, then the Guide should become a detailed instruction on how to use it. It seems that the main emphasis in it should be made not on the "retransmission" of the provisions of the Urban Planning Code, but on their comprehension and, accordingly, the issuance practical advice on their application, which, in my opinion, is clearly not enough in the proposed edition (

Of course, the proposed approach to the formation of territorial zones and an attempt to resolve existing contradictions by forming the so-called urban transformation zone deserve attention. At the same time, it is clear that such a transformation is a long and difficult process, and often simply impossible to implement. Therefore, it would be nice to offer some detailed version of the actions of local authorities in relation to land plots and OKS, in fact located within the boundaries of the territorial zone with types of permitted use other than that established in the owner's title documents. Perhaps the Rules should provide for some special conditions for the implementation of urban planning regulations for such cases. We have already had to participate in lawsuits when local self-government authorities refuse to issue a permit for the construction (reconstruction) of an object to the owner of such a land plot due to non-compliance of project documentation with the requirements of the urban development plan of the land plot. At the same time, the court takes the side of the owner, motivating its decision by the fact that when preparing the LPP it was necessary to take into account the existing land use.

Also noteworthy are the issues of the use of land plots that are not subject to urban planning regulations or for which urban planning regulations are not established. It is clear that, in accordance with the Code, the procedure for the use of such sites “is determined by the authorized federal executive authorities, authorized executive authorities of the constituent entities of the Russian Federation or authorized local governments in accordance with federal laws”, but we can, after all, give some advice to municipalities in the Guide ( I deliberately omit the model PZZ, because it is the Guide that will be approved by order of the Ministry of Regional Development of the Russian Federation).

I repeat that the Rules are practically the only working tool for local governments authorized in the field of architecture. On the basis of the PPP, a GPZU is being prepared, which, according to the logic of the Code, should be the basis for the development of project documentation. Alas, in fact, as a rule, the GPZU is drawn up after the fact, because without it the developer simply will not receive a building permit. The main information contained in the GPZU is taken from the Rules. These are the types of permitted use and the limiting parameters of permitted construction. It is extremely insufficient, in my opinion, to establish requirements only for the number of storeys of the object and the percentage of development of the land plot. An architect (even if he is an official), who is not indifferent to how his city develops, has the right to be able to influence the situation. It makes sense to offer some more detailed list of possible limiting parameters and principles for their determination.

I have long noted that there is a gap in the Town Planning Code regarding the status of documentation on the planning of the territory. The requirements for the procedure for its preparation, content, approval have been established, and there are no legal consequences for non-execution of decisions adopted in the DPT. It is clear that on the basis of the approved DPT we form land plots, and then put them up for auction. But! The developer has the right to independently choose any of the types of use allowed for the territorial zone! If in the planning project we provided for the construction of a planning quarter on a specific land plot, for example, a residential building, and the range of main types includes many other things, then how to demand execution decisions taken? It seems to me that in the legislation it is worth closely “linking” various types of urban planning documentation with each other. Why not indicate that if there is an approved project for planning the territory, the type of permitted use of the land plot should be assigned (and not selected) in accordance with such a project? The relevant information should be contained in the GPZU (details of the document on the approval of the DPT, the purpose of the object, its parameters, etc.). Of course, in this case, the form of the GPZU also needs to be finalized.

In fact, there are much more issues that arise in practice when local governments exercise their powers in the field of urban planning, I have given only a few of them.

In Ugra, the Rules for land use and development have been approved in more than 75% of municipalities. The past period of their so-called "trial operation" revealed weaknesses. Many municipalities are planning to amend their development and land use regulations. I really wanted the Guide to turn out to be “a true friend and helper” for them.

Proposals for improving the PPP
Nikolaev S.N., Deputy Chairman of the Construction Committee,
Head of the Department of Municipal Construction Supervision of the Committee
for urban planning

About the text part.

Based on the experience of working with the PZZ, I consider it necessary to remove reprints from the Town Planning Code and other laws from the text as much as possible, since any change in the law will entail the full procedure for amending the Rules. Residents repeatedly asked me questions about why they are being collected, what is being voted on (essentially, to comply or not to comply with the law), and also about what will happen if they vote against the changes. Despite all the explanations, residents believe that the document under consideration should not be adopted if the people voted against it. Now we have the idea of ​​the prosecutor's office about the need for immediate correction of the LPP in just such a context, and the prosecutor's office itself has to explain that making such changes is a lengthy procedure.

On town planning regulations.

Urban planning regulations (hereinafter referred to as GR) are regulations that are spelled out in the Rules, there is no possibility of their further clarification in the planning project. This is a big gap in the law. GPZU is the main document for obtaining a building permit, which requires the listing of urban planning regulations. At the level of development of the PZZ, maximum detail is required (up to the land plot). Take, for example, a residential microdistrict with a nine-story building. School, kindergarten, shop and other social and cultural facilities cannot be nine-story, although these are all permitted uses. The owner of the memory has the right to choose any of the types of permitted use, for example, to build a shop instead of a school, etc. I deliberately bring the situation to the point of absurdity. Legally, this can happen. In order not to detail the PZZ to the level of a land plot, it is necessary to make planning projects and land surveying projects (hereinafter referred to as PP) a continuation of the PZZ, prescribing the possibility of clarifying the GR in relation to specific land plots. The PZZ and the urban zoning map should not be developed for the entire territory of the municipality, but for that part of it in which any urban development changes are planned, being at the same time the first stage in the development of territory planning documentation.

About the urban zoning map

The urban zoning map should be developed based on a number of principles:

1) The urban zoning map should clarify and detail the functional zoning map of the Master Plan;

2) The urban zoning map should be specified (detailed) by planning projects;

3) The boundaries of territorial zones must coincide with the red lines of microdistricts and quarters;

4) Urban planning regulations for the territorial zone should be specified by the PP of the respective territories that are part of the territorial zone under consideration;

5) The direct dependence of the border of the territorial zone on the border of the land plot should be eliminated. A land plot de facto extending 20 cm (post thickness) beyond the border of the territorial zone should not require amendments to the LPP.

On the relationship of urban planning decisions and the principles of establishing the boundaries of territorial zones in Tomsk
Korenev V.I., Chief Architect of Tomsk, Candidate of Architecture, Associate Professor of TSUAE

Korenev V.I.

In 2007, Tomsk accumulated quite a lot of violations in the provision of land plots. One of them concerned non-compliance with the legal status of red lines when allocating land for construction. As a result, a number of facilities were built, including apartment buildings, which actually destroyed the possibility of developing the city's transport infrastructure, in fact, clogged the transport corridors established by the master plan in force at that time.

Why did this happen?

It turned out that in the consolidated plan of red lines, many red lines either did not have documents confirming them, or were drawn incorrectly, or were completely absent, and sometimes simply ignored. Unfortunately, the RAP and territory planning projects available at that time in the department could not radically help legitimize the red lines. The reasons are different. For example, there were RAPs that were approved, but did not include drawings establishing red lines, or vice versa, there was a drawing, but there were no documents on the approval of this detailed layout project. In turn, planning projects carried out in accordance with the current Town Planning Code were single and, as a rule, concerned small areas.

It required immediate intervention in this process. It was necessary to find a mechanism by which to protect the existing and planned transport framework of the city from new construction.

The most important step in this direction was the approval at the end of 2007 of the General Plan and the PPP. However, it is important to note here that the urban zoning, which was carried out together with the General Plan, only partly solved the problem of protecting the transport frame of the city. The fact is that the boundaries of the territorial zones, although they corresponded to the scheme for the development of the city's transport infrastructure, but in the absence of data on red lines and information on the boundaries of land plots, were rather conditional. Urban zoning was especially inaccurate in places where the General Plan provided for the routing of new main streets and transport interchanges.

To allow difficult situations, we decided to fix and approve the planned red lines for the road network as soon as possible, which, in our opinion, is the most effective legal solution that allows us to most accurately establish the boundaries of transport corridors.

As you know, in accordance with the code, red lines can be established and approved only as part of territory planning projects. It was impossible to cover the city with such projects at the same time, which is why we initiated the development of a planning project for the road network as a whole.

It is important to note here that at the time of the preparation of the planning project, a geographic information system appeared in the department, which makes it possible to simultaneously see and use the data of all the above materials in the form of information layers superimposed on each other. This has become a very important condition for the analysis of the existing situation, for making design decisions, and subsequently for computer graphic processing of the data obtained.

At the same time, a comparison of the transport scheme of the master plan with the actual conditions of the city's development, its topography, and land encumbrances revealed a number of problem nodes, the implementation of which was impossible even in the long term.

Therefore, already at the initial stage of preparing the planning project, it became clear that it was necessary to find acceptable alternative solutions to optimize the routing of new main streets, taking into account the terrain and land encumbrances. Of course, at the same time it was important that these design decisions did not destroy the strategic structure of the transport framework of the city proposed by the general plan. As a result of the work, there were proposals to amend the General Plan.

Having done this work, we ran into another problem. In accordance with the Urban Planning Code, the preparation of a planning project should be carried out on the basis of the General Plan and not contradict the requirements of urban planning regulations, that is, the Land Regulations (Article 45, paragraph 5, paragraph 10, paragraph 12.1.). Taking into account this requirement of the code, and in our case, the planning project proposed, in fact, a new transport frame, it became necessary to carry out new job related to the introduction of amendments to the General Plan and PZZ. At the same time, the question arose of what principle should be used to make changes to the urban planning zoning map of the PZZ, which establishes new boundaries of territorial zones, primarily where new street alignments were planned. As you know, according to Art. 34 p. 2. The boundaries of territorial zones can be established along different boundaries.

At the same time, in accordance with Art. 30 p. 4. the boundaries of the territorial zones must meet the requirement that the land plot belongs to only one territorial zone. If at the stage of adoption of the LPP this requirement was actually impossible to fulfill, today, when the data of the Land Cadastral Chamber have become publicly available, it is wrong and inappropriate to ignore this requirement.

For this reason, we have chosen next path. When there are no land encumbrances, the border of the zones is established along the red line. Where there is a land plot with rights on the way, the boundary is drawn taking into account the coordinates of this plot.

Thus, on the one hand, we managed to approach the procedure of cadastre of territorial zones on a fairly large scale and accurately. On the other hand, these materials reveal land plots or parts thereof, which can be withdrawn for municipal needs during the construction or reconstruction of streets in the city of Tomsk.

In addition, appropriate legal restrictions arise on land plots that fall entirely outside the boundaries of territorial zones, and they cannot be used for construction, since they are not subject to regulations, they cannot be issued urban planning plans, which makes it possible to control and stop construction within transport corridors not only with red lines, but also with urban zoning.

There is another significant result of this work. In built-up areas, where, for example, residential multi-storey buildings have developed, there is no longer a need to make planning projects, you can immediately start preparing land surveying projects with determining the boundaries of land plots for multi-apartment residential buildings.

In conclusion, I would like to emphasize once again that such a project was made possible thanks to the presence of an important tool - our spatial data infrastructure for the city.

Conclusions from the discussion

The main conclusion is that not a single issue from the field of legal regulation of urban planning or land and property relations can be resolved locally. This is a course doomed to fail.

We turned to experts with a request to express their opinion on the principles for establishing the boundaries of territorial zones within the framework of the current legislation and received very few answers to specific questions. On the other hand, the results exceeded expectations in terms of the quantity and quality of useful thoughts, the failure to use which when finalizing draft laws on reforming urban planning and land legislation can at least be attributed to mismanagement of domestic professionalism and intelligence.

All experts identified main problem lack of certainty in the ratio of norms of territorial planning, planning of territories and urban zoning. All experts unanimously emphasized the need for continuity in urban planning decisions at the level of territorial planning, territory planning and urban zoning. There are disagreements regarding the principles and dependencies, but this once again emphasizes the imperfection of the current legislation and the objective need for its reform.

Perhaps, after all, one updated law is needed that determines the place and purpose of each document in the system of legal regulation of activities for the management of the development of territories and real estate, for the regulation of urban planning and land and property relations?
Perhaps this is possible without revolutions, without redistribution of property?
Maybe we are able to grow our national legislation, as a gardener grows a tree, how nations grow their culture?
This is a long goal, but the organization of the territory of the state cannot be quick and requires, as famous urban planners say, a long will. Any peaceful change in the country, transformation of the environment is a long-term and hard work.

Work on this topic continues, the editors of the journal are waiting for proposals for a comprehensive transformation of legislation in the areas of regulation of urban planning and land and property relations to be taken into account when preparing amendments and additions to the bills of the Ministry of Regional and economic development Russian Federation on behalf of the GIS Association and the National Guild of Urban Planners.

Ministry of Economic Development of the Russian Federation
FEDERAL SERVICE OF STATE REGISTRATION, CADASTRE AND CARTOGRAPHY

Clarifications on the issue of entering information on the boundaries of settlements and territorial zones into the State Property Committee

In connection with the completion of work on the preparation and approval of territorial planning documents for urban districts, urban settlements and municipal districts, as a result of which the boundaries of settlements, as well as the boundaries of territorial zones, are determined, the Department reports the following.

In accordance with the Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre" (hereinafter referred to as the Cadastre Law), information on the boundaries of settlements, territorial zones is subject to mandatory entry into the state real estate cadastre.

Such information is entered into the State Property Committee in the manner of information exchange in accordance with the Regulations on Information Interaction in the Maintenance of the State Real Estate Cadastre, approved by Decree of the Government of the Russian Federation of August 18, 2008 N 618 (hereinafter referred to as the Regulation).

In accordance with paragraph 11 of the Regulations, the local government submits to the cadastral registration authority an extract from the section of land use and development rules that defines the boundaries and maintenance of territorial zones, a list of coordinates of characteristic points of the boundaries of territorial zones in the established coordinate system (MSK-51 for the Murmansk region), and also a list of types of permitted use of land plots for each territorial zone or details of the legal act by which such a list is approved.

To enter information about the boundaries of settlements in the State Property Committee in accordance with paragraph 11 of the Regulations, the local government submits to the cadastral registration authority an extract from the approved master plan (for settlements located on an inter-settlement territory, an extract from the territorial planning scheme of the municipal district) containing a text and a graphic description of the location of the boundary of the settlement and a list of coordinates of characteristic points of the boundary of the settlement or established or changed sections of the boundary of the settlement in the established coordinate system (MSK-51 for the Murmansk region).

According to Article 1 of the Federal Law of June 18, 2001 N 78-FZ "On Land Management" (hereinafter referred to as the Law on Land Management), the territories of settlements, as well as territorial zones, are objects of land management.

To determine the coordinates of the characteristic points of the boundaries of land management objects, it is necessary to perform land management work, such as describing the location of the boundaries of land management objects. As a result of such work, the relevant land management documentation is prepared - a map (plan) of the land management object (Article 20 of the Land Management Law). The form and requirements for its preparation are determined by the Decree of the Government of the Russian Federation of July 30, 2009 N 621 "On approval of the form of a map (plan) of a land management object and the requirements for its preparation" .

When carrying out land management, it is also necessary to be guided by the Procedure for describing the location of the boundaries of a land management object, approved by order of the Ministry of Economic Development of Russia of 06/03/2011 N 267 (hereinafter referred to as the Procedure). In accordance with paragraph 9 of the Procedure, the materials obtained as a result of land management work to describe the location of the boundaries of the land management object are formed into a land management file, one copy of which is transferred to the state fund of data obtained as a result of land management (hereinafter - GFD) of the Office.

To enter information about the boundaries of land management objects into the State Property Committee, a map (plan) is formed in in electronic format in XML format, in accordance with the order of the Ministry of Economic Development of the Russian Federation of October 20, 2010 N 503 "On establishing requirements for the format of documents submitted electronically in the process of information interaction when maintaining the state real estate cadastre" (hereinafter referred to as the Order).

According to paragraph 4 of the Order, in the process of information interaction in the maintenance of the state real estate cadastre, when submitting documents in electronic form, an electronic digital signature (hereinafter referred to as the EDS), certified in accordance with the legislation of the Russian Federation and compatible with the EDS tools used by the Federal State Registration Service, must be used , cadastre and cartography.

When forming an electronic type of map (plan) of a land management object, it is necessary to take into account the orders of Rosreestr dated 03/24/2011 N P / 83 "On the implementation of information interaction when maintaining the state real estate cadastre in electronic form", as well as from 02/08/2012 N P / 0054 * "O amendments to the order Pocpeectpa dated 03/24/2011 N P / 83 ".
________________
*Probably an original error. It should read "N P / 54" - Note of the manufacturer of the database.


On the official website of Rosreestr www.rosreestr.ru in the heading "Public services / State cadastral registration of real estate / Forms, XML schemas" there is information about the relevance of xml schemas for the formation of xml documents and regulatory and administrative documents that establish requirements for documents in electronic form in the implementation of information interaction in the conduct of the state real estate cadastre.

Thus, information about the boundaries of settlements and territorial zones is entered into the cadastre after land management work, only on the basis of a map (plan) of the land management object.

Article 4 of the Law on Land Management establishes the grounds for land management. These grounds include: decisions of federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments on land management, court decisions, as well as agreements on land management.

In order to fulfill the requirements specified in the Law on Cadastre, the Office is ready to assist in terms of providing materials from the GFD and preparing terms of reference for land management work. In addition, we recommend that, when developing the terms of reference for land management work, prior to the final acceptance of work, provide for the direction of land management documentation for state expertise to the Office.

In accordance with the Decree of the Government of the Russian Federation of 04.04.2002 N 214 "On approval of the regulation on the state examination of land management documentation", the state examination of land management documentation is carried out free of charge by decision of state authorities, local governments or at the initiative of interested parties in order to ensure compliance of land management documentation with the original data , technical conditions and requirements for land management.

Head of Department
S.G. Naimushina

Electronic text of the document
prepared by CJSC "Kodeks" and verified according to.

1. The formation of territorial zones is carried out in accordance with the legal acts on the creation of the relevant territorial zone, by the state authority or local self-government body that issued the specified legal act. A cadastral engineer may be involved in the formation of territorial zones.

2. When forming a territorial zone, its location and boundaries are determined in the Unified Open Coordinate System.

Technical requirements for the accuracy of determining the location and boundaries of territorial zones are determined by technical regulations adopted in the manner prescribed by the legislation on technical regulation.

3. As a result of performing work on the formation of a territorial zone, an act of forming a territorial zone is drawn up, which includes:

Terms of reference for the formation of a real estate object, which is an annex to the agreement on the formation of a real estate object, if any;

The plan of the territorial zone, containing in graphical and textual form a description of its location and boundaries;

The act of forming a territorial zone is subject to agreement with the state authority or local government that issued the legal act on its establishment.

The act of formation of the territorial zone can be prepared in electronic form, in accordance with the requirements of the legislation on information and informatization.

Standard forms of the act of forming a territorial zone are approved by the federal executive body authorized by the Government of the Russian Federation to carry out legal regulation in the field of economic development.

Chapter V. State cadastral registration of information on the cadastral value of real estate objects

Article 17

1. The state cadastral valuation of real estate objects is carried out by order of the state authorities of the constituent entities of the Russian Federation by persons holding licenses to conduct valuation activities, on the basis of methodological instructions on conducting a state cadastral valuation of real estate objects approved by the federal executive body in the field of normative legal regulation of economic development and trade.

The objects of the state cadastral valuation are real estate objects recorded in the State Real Estate Cadastre.

2. The approval of the results of the state cadastral valuation is carried out by the executive authority of the constituent entity of the Russian Federation that ordered the state cadastral valuation. The state authority of the constituent entity of the Russian Federation that approved the state cadastral valuation, or a person authorized by it, is the applicant when submitting information on the cadastral value of real estate to the cadastral registration authority.

3. Information on the cadastral value of real estate objects is published by the executive authorities of the constituent entities of the Russian Federation in the official mass media. The composition and procedure for publishing information on the cadastral value of real estate objects are established by the federal executive body in the field of legal regulation of economic development and trade.

4. Within three months from the date of publication, the cadastral value of a real estate object may be appealed by the right holder (right holders) of the real estate object to the executive authority of the constituent entity of the Russian Federation that approved the results of the state cadastral valuation. The procedure for appealing is established by the executive authority of the constituent entity of the Russian Federation.

5. The basis for appealing the cadastral value of a real estate object is:

when calculating the cadastral value, the methods of the state cadastral valuation of real estate objects were violated;

when calculating the cadastral value, information about the property was used that was different from the information about it contained in the State Real Estate Cadastre.

6. The executive authority of the constituent entity of the Russian Federation considers an application for appealing the cadastral value of a real estate object and makes a decision within one month from the date of its submission. The absence of a decision of the commission within the prescribed period means the satisfaction of the complaint of the copyright holder.

7. If the complaint is satisfied, the executive authority of the subject of the Russian Federation, which approved the results of the state cadastral valuation of real estate objects, makes clarifications to the results of the cadastral valuation of the real estate object indicated in the complaint.

8. If the complaint is not satisfied by the executive authority of the subject of the Russian Federation, the right holder of the real estate object or a person authorized by him has the right to apply to the cadastral registration authority in order to appeal the cadastral value of the real estate object.

9. The cadastral registration authority considers the application of the right holder or a person authorized by him to appeal the cadastral value and makes a decision within one month from the date of its submission.

10. In order to consider an application for appealing the cadastral value, the cadastral registration authority involves the right holder, representatives of the executive authorities of the constituent entities of the Russian Federation, local authorities on whose territory the property is located, as well as representatives of professional associations in the field of appraisal and real estate activities.

The procedure for considering applications for appealing the cadastral value in the cadastral registration bodies is determined by a Government decree.

11. If the complaint is satisfied, the cadastral registration authority informs the executive authority of the constituent entity of the Russian Federation that approved the results of the state cadastral valuation of real estate objects of the need to clarify the results of the cadastral valuation of the real estate object. The approved information on the cadastral value of this property is not entered into the State Real Estate Cadastre.

12. In the event that the approved information on the cadastral value of the property is not entered into the State Real Estate Cadastre the executive authority of the subject of the Russian Federation, which approved the results of the state cadastral valuation of real estate, has the right to apply to the court.

13. The procedure for appealing the cadastral value is established by the federal executive body in the field of economic development and trade.

14. At the request of the cadastral registration authority, the authorities of the constituent entities of the Russian Federation, local authorities that approved the cadastral value indicators, or the persons who carried out the cadastral valuation, are obliged to provide any additional information necessary for making a decision when appealing the cadastral value of a real estate object.

15. Three months after the publication of information on the cadastral value in the official mass media, information on the cadastral value is entered into the State Real Estate Cadastre and is not subject to revision until the next revaluation of the cadastral value of real estate.

The absence of the cadastral value of a real estate object in the State Real Estate Cadastre is not a reason for not recognizing an object of cadastral registration as an object of civil rights.

The State Real Estate Cadastre is the only source of information on the cadastral value of real estate objects.

16. Decisions to conduct the next revaluation of the cadastral value of real estate objects are taken by the Government of the Russian Federation, the authorities of the constituent entities of the Russian Federation no more than once a year.

Cadastral valuation work is carried out at the expense of the budgets of the bodies that have decided to carry it out or at the expense of the consolidated budget.

Article 18

1. The state data fund of the state cadastral valuation of real estate objects is formed by the cadastral registration authority on the basis of the collection, processing, accounting and storage of documented materials of the state cadastral valuation of real estate objects, as well as information about transactions with real estate objects and factors affecting their value.

2. Materials and information from the state data fund of the state cadastral valuation of real estate objects are used by the cadastral registration authority when considering complaints from right holders of real estate objects.

3. Information about transactions with real estate objects and factors influencing their value can be obtained from any sources not prohibited by the legislation of the Russian Federation. The composition of information about transactions with real estate and factors affecting its value is determined by the methods of state cadastral valuation of real estate.

4. The procedure for creating, maintaining and paying for the provision of information from the state data fund of the state cadastral valuation is determined by the Government of the Russian Federation.

Cadastral registration of territorial zones

Territorial zone - a part of the territory, which is characterized by

Zones of restriction of the use of territories for the implementation of civil

pre-construction activities;

Zones allocated according to the qualitative state of the land;

Territorial and economic appraisal zones.

Documents included in the section of the state register of land

stranded cadastral area "Territorial zones" contain the following

information:

General information - characterizing the territorial zone;

within the boundaries of the territorial zone, it is prohibited or limited to determine

to establish them;

owners of land plots (parts of land plots), located

laid within the boundaries of the territorial zone, with reference to the document,

which is the basis for their establishment;

Information about the territories covered by the territorial

zone.

In the materials of the duty cadastral map, accounting for information about the territory

real zones consists in the formation and maintenance of a list of territories

nal zones located on the territory of the cadastral quarter and applied

their inclusion on the Plan of the boundaries of the territorial zones of the cadastral quarter.

"Land" on the Plan of the boundaries of the territorial zones of the cadastral quarter

should be displayed:

The boundaries of territorial zones, information about which is taken into account in the state

the state register of lands of the cadastral quarter;

Borders (tracks) of zone-forming objects, information about which is taken into account

we are in the State Registration Office of the Kyrgyz Republic;

Turning points (and their numbers) of the boundaries of territorial zones, information

about which are taken into account in the State Registration Law of the Kyrgyz Republic;

Turning points (and their numbers) of boundaries (roads), zone-forming objects

projects, information about which is taken into account in the State Registration Law of the Kyrgyz Republic;

Cadastral numbers of territorial zones;

Cadastral numbers of zone-forming objects;

Terrain objects and main local landmarks.

Plans for the boundaries of the territorial zones of cadastral quarters are drawn

are in the conventional signs established for cadastral maps (plans) and

notation in the scale range generally accepted for large-scale maps

An example of displaying a territorial zone in a settlement

a water protection zone along the river bank can serve (Fig. 8).

GZK classifier system.

The classifiers intended for maintaining the SLC are

is a system of basic concepts of objects and phenomena that display information

formation of the land registry. The classifier system is intended

for use as a single standardized language of communication

in the conduct of the SLC, as well as for the description and regulation of land and other

property relations of the Russian Federation.

The system of classifiers for the purposes of maintaining the SLC includes the following

following types of classifiers: "Real estate classifier",

"Classifier of territorial zones", "Classifier of cadastral number-

ra", "Classifier for the formation of land", "Classifier

objects of cadastral mapping".

In the real estate classifier (KNI), the object of the class is

fiction is real estate by type (land and

buildings (structures), structures firmly connected with the land), purpose, use

use and other properties, information about which is included in the SLC.

SOI is integral part common system classifiers for purposes

conducting SLC (classification and coding of cadastral information). He

intended to be used as a single language of communication between

holders of the cadastral data bank and users (consumers)

cadastral information on real estate, description of real estate

sti and for solving problems of land management of the Russian Federation and regulation

rationing of the market turnover of lands.

The real estate classifier is integrated into a single class

classification scheme of state classifiers, which allows

receive full information about land plots, buildings and structures,

create a complete scheme for describing real estate objects . This is achieved

by linking into a single system:

Address and reference characteristics (location and address of real estate

harvest property);

Appointment and use in various branches of economic activity

ness,

Types and names of subjects of rights to real estate,

Types of rights to real estate;

Types and name of organizational and legal forms of legal

individuals and households, citizens, etc.

This provides an output (through the transcoding system) to

holding data on these types of real estate in the Russian Fe-

derations, as well as in international data banks.

The classifier of real estate is developed in accordance with

maintenance of the SLC" subject to the requirements of the legislation of the Russian Federation.

When developing a real estate classifier, the following were used:

duly approved classifiers of the State Statistics Committee of the Russian Federation

these: OKATO (All-Russian classifier of administrative and

territorial division), OKDP (All-Russian classifier of species

economic activity, products and services), OKPO (All-Russian

classifier of enterprises and organizations), OKOGU (All-Russian class

sificator of public authorities and administration), OKFS (All-Russian

Russian classifier of forms of ownership), KOPF (Classifier of organizational

legal forms of business entities), KSM (Classification

tor countries of the world). Maintaining a real estate classifier is pre-

lays down its updating in case of changes in legislative and other regulations

real use of land plots:

Agricultural land (classifier code 1.1.1).

Lands under buildings (structures), structures (1.1.2). In accordance with

with a classifier, these lands include areas under residential

houses, garages, dachas (state, municipal,

cooperative, individual);

Lands under the construction of buildings (structures), structures (1.1.3). TO

this group of lands includes plots for the construction of industrial

Land - a reserve of agricultural land (1.1.5);

Other agricultural land (1.1.6).

The concept of agricultural land combines types of agricultural

lands and lands not occupied by buildings (IY level of the SOI section

"Purpose and types of use of real estate"):

Arable land (classifier code 1.1.1.1).

Land (land plot) under perennial plantings (gardens,

Grassland (1.1.1.3) is land covered with perennial

herbaceous vegetation and systematically used for

haymaking and livestock grazing. They are divided into: hay, pasta

bische, deer pasture, horse pasture.

Mixed agricultural land, for sub-

private farms (1.1.1.4);

Deposit (1.1.5.1).

Lands in the stage of reclamation (1.1.5.2);

Lands under reclamation (1.1.5.3);

Lands disturbed (1.1.5.4);

Swamps (1.1.5.5);

Other agricultural land suitable for agricultural development

economic lands (1.1.5.6).

Similarly, the description of the objects of the State

dastral accounting for lands of other categories

The SOI section "Quality of real estate" allows you to get

qualitative characteristics of the object of cadastral registration. To describe the

quality of the land plot, the parameters of the fourth level of data are intended

section (Appendix 2, section "Quality of real estate",

level IY). These include karst (classifier code 1.1.1.1),

seismicity (1.1.1.2), groundwater level (1.1.1.3), probability

flooding by flood waters (1.1.1.4), etc.

The Classifier of Territorial Zones (KTZ) is a departmental

normative document Federal Service land cadastre of Russia,

mandatory for use in the system of state land ka-

dastra during the formation, processing, storage and issuance of information in the

tomatized mode and on paper.

To the territorial zones taken into account when maintaining the SLC and subject to

The main classifications in the KTZ include:

Administrative-territorial formations (information

array A);

Territorial zones in cities and rural settlements (information

array B);

Zones of restricted use of territories for implementation

Zones allocated according to the qualitative state of lands (information

ny array D);

Territorial and economic appraisal zones (information

array E).

The classifier of territorial zones is developed taking into account the requirements

legislation of the Russian Federation governing relations on

water zoning of territories and inclusion of information about them in the SLC. Scheme

classifier of territorial zones, methods of its application and procedure

use correspond to the real estate classifier, which

allows you to use both classifiers in a single system (application

In the Classifier for the formation of land plots (KFZU), the object

classification volume is a way of forming cadastral objects

accounting by type, purpose, use and other properties, information

which is included in the state land cadastre. Classification-

tor of land plot formation includes the main scheme

classifier and facets. The construction scheme of this classifier corresponds to

corresponds to the scheme of the Real Estate Classifier, which allows the use

use both classifiers in a single system.

Land cadastral number classifier (KKNZU)

establishes the structure of the cadastral number and the designation of cadastral

units in accordance with the current rules (dictionary No. 1 - number

subject of the Russian Federation, dictionary No. 2 - the number of the cadastral region of the subject of the Russian Federation based on

ve OKATO codes).

Classifier of cadastral mapping objects (KOKK)

is a document that establishes:

General requirements for the content of cadastral plans and maps;

Mandatory terms, codes and definitions of concepts

all objects and their characteristics that make up the content of the cadas-

roving plans and maps;

Specific conditions for displaying these objects and their characteristics on

cadastral plans and maps depending on the scale.

M 1:2000 and 1:10000:

Cadastral plans and maps reflecting the results of inventories

(inventory);

Cadastral plans and maps reflecting the results of cadastral registration

ta (accounting);

Duty cadastral maps and plans;

Maps of cadastral division;

Plans and maps of objects of cadastral registration (land plots, ter-

rhetorical zones);

Specialized cadastral plans and maps.

Established by the classifier of objects of cadastral cartography

are suitable for use in cadastral mapping, in maintaining

duty cadastral maps and plans, as well as in the development of classification

ditch of cadastral information, in unified forms of documents, with

exchange of digital cadastral cartographic information on electronic

media.

scales. Cadastral plans M 1:2000 are created on the territory of the

selected points, and cadastral maps M 1: 10000 are designed to display

zheniya territories outside settlements (suburban areas, land vede-

agriculture and forestry, etc.). At the same time, the main tasks of using

use of the classifier of cadastral mapping objects is

the regulation of the collected and displayed on the cadastral plans and

information maps, as well as streamlining and unification of cadastral

projects and their characteristics displayed on cadastral plans and maps.

For land plots, the types of their boundaries are indicated (established

when surveying, existing only according to documents, actual solid,

actual conditional and controversial); on cadastral plans M 1:2000 displayed

all sections of the borders are pressed, on maps M 1: 10000 those sections are displayed

boundaries whose lengths are expressed in scale. Objects of cadastral division

displayed on all cadastral plans and maps without fail

all with their cadastral numbers.

Objects of administrative-territorial division are displayed

on all cadastral plans and maps, without fail, everything indicating

their own titles. The borders of the Russian Federation and the Subjects of the Russian

of the Russian Federation are displayed on all types of cadastral plans and maps

only on the basis of relevant documentary data. The borders of the

tal objects of administrative-territorial division display-

on the basis of relevant documentary data, if any,

or displayed using their boundary views (existing only

according to documents, actual solid, actual conditional and controversial).

When showing a number of objects of administrative-territorial division

and when displaying land plots, five types of their boundaries are provided:

established during land surveying, existing only according to documents, actually

tic solid, actual conditional and controversial. Borders exist-

only according to documents, actual solid, actual conditional and

disputed are identified as a result of the inventory of territories. At the same time, under

borders that exist only according to documents, are meant borders

tsy, whose passage on the ground is not tied to physical objects and

documents are not documents of the state land cadastre

the last installed sample.

Displaying types of borders allows you to determine the state of the cadastral

accounting in the relevant territory, provides the opportunity to

the phenomenon of contradictions between documentary data about the boundaries and

areas of the respective territories, and data obtained during the survey, and

also about the existence of disputes over borders. The types of boundaries make it possible to judge the exact

the ability to determine the passage of boundaries and the accuracy of determining the actual

areas. Also displaying these types of borders makes it easier to find borders.

object on the ground.

Zones of a special mode of use are displayed on all cadastral

plans and maps without fail, all indicating their cadastral

The objects of the topographic base are shown, as a rule, generalized

schenno, with the display of their features with the help of explanatory signatures

this. Depending on the type of cadastral plans (maps), topographic objects

bases can be displayed throughout the mapped area

(inventory and accounting plans (maps)), on the territory of the registered

objects (accounting plans (maps) and duty cadastral maps), not shown

fight at all. Limitation of the display area of ​​topographic objects

the physical basis is determined by the special requirements of local administrative

nistrations and cadastral registration authorities. The objects of the topographic base

you with your own names (streets, rivers, lakes, etc.) are indicated

these names.

Buildings and structures are displayed as objects of the topographical

new. On the cadastral plans M 1:2000, buildings and structures built

on the foundations, as a rule, everything is subject to display. On cadastral maps M

1:10000 buildings and structures are displayed only especially outstanding and

reference value. All non-residential buildings, as well as all display

of our structures in M ​​1: 2000, an explanatory signature indicates the type of their

actual use.