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17 October 2018 Construction Permission Documents: Regulatory Changes

Legal Update No. 655

Bryan Cave Leighton Paisner (Russia) LLP winds up its series of alerts exploring the August 2018 legislative developments by focusing on those under Federal Laws Nos. 339-FZ, 340-FZ and 342-FZ of 3 August 2018 affecting issue of construction permission documents.

Key novelties:

  1. For capital projects not funded by the government, overhaul design packages may be developed at the owner’s discretion1.
  2. The Russian Town Planning Code is now stripped of the 2016 modified design package clauses2  permitting design modifications unless they affect structural or other safety parameters of a capital project, subject to an expert review report being obtained from the same expert as previously issued a favourable opinion thereon. Please note, however, that this legislation has rarely been applied since the by-laws in its furtherance have never been approved by Russia’s Construction Ministry.
  3. An expert review is now also required for sites listed in clauses 4 and 5, part 2, article 49 of the Russian Town-Planning Code (including those with a maximum area of 1500 square metres) if they are classed as mass gathering venues. The criteria defining a “mass-gathering” are to be set by Russia’s Construction Ministry.
  4. The date for an expert review of the design package for technical, i.e., sanitary, epidemiological, environmental, fire and industrial and other types of safety compliance3 is now set within 18 months of the land plot development plan (LPDP) being issued. If this deadline is overrun, the compliance check will be made on the design when it is submitted for expert review purposes.
  5. When issuing construction permits, the competent authority should ensure that the submissions comply with the permitted use and/or the restrictions under the land and other legislation of the Russian Federation in force on the permit issue date4.
  6. The procedure for extending construction permits is now combined with that for amending them. Moreover, the revised legislation provides an open list of grounds for permits to be amended, while the requirements on the documents needed for this are now much more extensive5.
  7. There has been a change in the date on which completed capital projects should be checked for compliance with the permitted use of a land plot and/or the restrictions under the land and other legislation of the Russian Federation. Specifically, since 2016, this has been the issue date of the LPDP submitted for construction permit purposes, whereas it is now the date the commissioning permit is obtained.

On the whole, these developments may be described as somewhat of a setback compared to the 2016 ones. In fact, under these regulations, developers are driven to launch and complete construction of buildings or structures as fast as they can, otherwise there is no guarantee they will not face any amendments to town-planning documents, such as land use and development rules.

1Part 12.2, article 48 of the Town-Planning Code.
2Part 5, article 48.2 and parts 3.5 - 3.7, article 49 of the Town-Planning Code.
3Part 5.2, article 49 of the Town-Planning Code.
4Part 13, article 51 of the Town-Planning Code.
5Part 21.14 and 21.15 of the Town-Planning Code.

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