A new information system and new town-planning documentation: changes to the town-planning code

Pepeliaev Group advises of the adoption of a federal law [1] that provides for the establishing of Stroycomplex.RF, a unified information system supporting town-planning activities; a new type of town-planning documentation is also introduced.

1. Unified information system for supporting town-planning activities

The Stroycomplex.RF unified information system (the “unified information system”) is aimed at ensuring the collection, processing, storage, submission, publication and use of information, data, documents and materials on the development of territories, construction within territories, existing and planned capital construction facilities and other information required for conducting town-planning activities.

The unified information system includes:

• a register of documents;

• a register of requirements for civil-engineering surveys, design, construction and demolition activities;

• a classifier of construction information;

• information regarding the construction permits and facility commissioning permits that have been issued, and information regarding technical plans of capital construction facilities;

• other documents, information and materials that are required to ensure town-planning activities and are included in a list that is approved by the Russian Government (the “Government”). 
  

The unified information system ensures integration with the Unified State Register of Real Estate, with the unified information system of housing construction, and with other information systems and resources determined by the Government.

The Government must approve the specifics of the functioning of, as well as the operator of, the information system.

The rules on the unified information system will apply as of 1 September 2023.

The unified information system should be integrated with public information systems for supporting town-planning activities of constituent entities of the Russian Federation, which are also regulated by the adopted amendments.

2. Unified document on land use planning and urban  development zoning

The unified document on land use planning for and the urban development zoning of a residential area or an urban district (the “unified document”) is the general plan of the residential area or urban district, as the case may be, which contains, along with the regulation on territory planning and maps from the general plan, maps of urban development zoning, town-planning regulations with respect to land plots and capital construction facilities, and other information that is to be included in the rules for the use of land and area development.

In other words the unified document must bring together information from the general plan and rules for the use of land and area development.

The resolution to prepare a unified document is adopted by the supreme executive body of the constituent entity of Russia. A regional regulation may provide for such decision to be adopted by the head of the local administration of the residential area or urban district.

The local administration ensures that the unified document is prepared.

The Russian Government must approve the procedure for approving the unified document. Under the law, this procedure must comply with the requirements of the Russian Town-Planning Code for the approval of territory planning documents.

In addition, the law directly provides that public consultation or public hearings must be held regarding the draft unified document.

The law determines a number of specifics with respect to amendments to the unified document. For instance, if the unified document is amended insofar as concerns urban development zoning, town-planning regulations etc. (in other words, information that used to be contained in the rules for land use and development):

1. the rules for approval established for drafts of the general plan  are not applicable;

2. public consultation or hearings are held within the borders of the residential area with regard to which the amendments have been prepared, and if the amendments have been prepared with respect to a territory beyond the borders of a residential area, then these should be held within the closest residential area with rightholders of adjacent land plots participating.

The unified document can be amended without public consultation or hearings being held if such discussions or hearings are not required for amendments to be made to the general plan or to the rules for the use of land and area development.

The unified document is approved by a representative local government body of the residential area or urban district or by the local administration, if the laws of the constituent entity so provide.

Once the unified document is approved, the previous rules for the use of land and area development for the corresponding territory cease to apply.

What to think about and what to do

Construction companies, as well as companies contemplating construction projects, are advised to study the new rules and keep them in mind when preparing for construction. This includes following up on the adoption by regional authorities of resolutions on the development of a unified document on land use planning and urban development zoning and, if necessary, participate in consultations regarding the draft of it.

Help from your adviser

The lawyers of Pepeliaev Group provide comprehensive legal support to developers, including advice on issues of town-planning regulation.

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[1] Federal Law No. 541-FZ "On amendments to the Town-Planning Code of the Russian Federation, and article 18.1 of the Federal Law ‘On the protection of competition’” dated 19 December 2022.