CrimeaPRESS reports:
In September 2023, a number of laws and other regulations will come into force that relate to buildings in suburban areas, checking gas equipment, the procedure for issuing housing to people on the waiting list, the architectural appearance of objects, the rules for maintaining construction documentation and setting land categories.
Lawyers RBC Real Estate told how the new laws will work.
Ancillary buildings
On September 1, 2023, a government decree on what buildings can be erected without permits comes into force. According to the document, to be considered an auxiliary structure, an object must meet one of the following criteria:
- the object is being built on the same land plot with the main building, the construction of an auxiliary object is provided for by the construction documentation and the object is intended to serve the main object;
- is being built in order to ensure the operation of the main building, is not a particularly dangerous, technically complex or unique facility, the total area is not more than 1.5 thousand square meters. m, located on the same or adjacent land with the main building;
- an object (a shed, a bathhouse, a shed, a veranda, a well, a cellar or another building for domestic or other needs, etc.) is located on a land plot provided for individual housing construction (IZHS), either for running a personal subsidiary plot, or for blocked residential development (townhouses, etc.), or for gardening. The height of the building does not exceed 20 m, while it does not have more than three floors.
The innovation will simplify the process of assessing the actual circumstances of cases related to the recognition of buildings as unauthorized for the courts. Now, when evaluating whether a building is an ancillary building, courts will have a specific list of signs to look to. For the parties to the dispute, this will increase the predictability of the outcome of litigation.— Zhanna Kolesnikova, head of the commercial practice at Pleshakov, Ushkalov and Partners, explained.
Unified information system in construction
From September 1, amendments to the Urban Planning Code come into force, which provide for the creation of a unified state information system for supporting urban planning activities «Stroykompleks.RF». The information system will contain information on the development and development of territories, on existing and planned capital construction facilities, and other information on urban planning activities, including various documentation.
The innovation establishes the procedure for maintaining a register of documents to be displayed in such a system. After this innovation, access to urban planning documentation for each newly constructed capital construction object will be simplified. This means that storage and access to such documentation will be provided, which will positively affect the consideration of disputes in the field of real estate in the future. It will be easier for owners to prove the availability of all necessary documentation confirming the legality of the construction and use of real estate— Vasily Malinin, partner at Rustam Kurmaev & Partners law firm, comments.
Gas check
From September 1, a law comes into force that changes the rules for checking gas equipment in apartment buildings. Gas distribution organizations will be required to maintain and repair in-house and in-house gas equipment.
According to the document, management organizations and homeowners associations will conclude contracts with a gas distribution organization for the maintenance of apartment buildings. At the same time, homeowners and tenants are required to conclude an agreement on the maintenance and repair of in-house gas equipment with the same organization.
Architectural and urban planning appearance of objects
On September 1, new rules for coordinating the architectural and urban planning appearance of a capital construction object came into force. The color of window frames, grilles on the windows, installation of air conditioners on the facades of buildings are now subject to coordination — everything that can change the appearance of the object.
Local governments will allow changes in the architectural and urban design of a particular capital construction object. When making a decision, they will take into account the type of permitted use of land and capital construction facilities, as well as technical regulations, urban design standards and land improvement rules. Requirements do not apply to Moscow, St. Petersburg and Sevastopol, Malinin noted.
forest land
On September 15, a law comes into force, according to which the procedure for entering information on forest park green belts into the USRN begins to operate. Now, when making a decision to establish a forest-park green zone, the authorized state authority of a constituent entity of Russia sends to Rosreestr documents containing the boundaries of the green belt, which should include a graphic description of the location of the boundaries, a list of coordinates of characteristic points.
To comply with the requirements, it will be necessary to determine the boundaries of such zones with a high degree of accuracy, which is a positive aspect in connection with the following. The federal law on environmental protection establishes a ban on the territories included in forest park green belts to create capital construction projects, farms, structures that are not related to the creation of forest infrastructure facilities. The ban does not apply to communication lines, roads, healthcare facilities. The scenario will be excluded when, due to inaccurate determination of the boundaries of forest-park green belts, persons acquiring adjacent land plots will suddenly discover the presence of restrictions and incur financial costs due to the need to demolish buildings, terminate business activities, sell land plotsMalinin said.
Housing for people on the waiting list
On September 1, the law comes into force, according to which the waiting list will receive housing within the boundaries of the municipality. “Prior to this, according to the law, people on the waiting list received housing in the locality where they are registered. The innovation will allow to resettle more citizens in need of housing, the authors of the initiative noted. To move to a neighboring settlement, the written consent of the person on the waiting list will be required, ”Kolesnikova said.
SRO responsibility
From September, a law will come into force, according to which, in case of harm caused by a member of a self-regulatory organization (SRO) due to shortcomings in the work performed by him on engineering surveys, preparation of project documentation, amendments to such project documentation, construction, reconstruction, demolition of a capital construction facility, subsidiary liability will be carry SRO.
These innovations are aimed at protecting the injured owners of capital construction projects in the event that persons performing work in the construction industry are not able to compensate for all the damage caused by unaware of the shortcomings of his work, explained the partner of the law firm Rustam Kurmaev and Partners. On the one hand, according to him, this will provide additional guarantees of full compensation to the affected owners. On the other hand, in response to the possibility of holding accountable for the actions of their members, SROs will increase contributions, which will ultimately affect the rise in the cost of construction services and reduce the availability of such services, the lawyer concluded.
MSW management
On September 1, 2023, a law came into force, according to which the volume of waste will be calculated in a new way. The regions will be able to determine the base of calculations for services for the treatment of municipal solid waste (MSW) in the form of their actual or standard volume. The same law allows organizations that collect used batteries from the public to dispose of them themselves and transfer them to other companies or a federal operator.
source: RBC Real Estate
News of the Crimea | CrimeaPRESS: latest news and events today
Comments are closed.