Preparing land use planning documents has become easier
Pepeliaev Group advises that the law amending the Russian Town Planning Code has been adopted; the amendments make it easier to carry out construction and change land use planning documents.
On 24 July 2020, the Federation Council approved the federal law that had been adopted by the State Duma (draft law No. 899967-7) “On amending the Town Planning Code of the Russian Federation and individual items of Russian legislation” (the “Law”).
According to the text published [1] on the State Duma’s website, the changes will affect the drafting procedure and content of land use planning documents.
1. Changes in the content of general layouts for town districts and communities
According to the Law, article 23 of the Town Planning Code has been amended to include part 9 that stipulates the right of a constituent entity of the Russian Federation (“constituent entity”) to adopt legislation with specific features pertaining to the content of general layouts.
It is allowed not to include in the general layout of a community (town district) the maps featuring the planned arrangement of local amenities of the community or town district. If this is the case, such map must be approved by the local administration under the procedure provided for by a regulation of the relevant constituent entity.
In the general layout of a community (town district), there may appear territories for which no functional zoning is established.
In addition, a general layout may be prepared for individual population centres that make part of a municipal entity without any amendments being subsequently made to the general layout with respect to other parts of the municipal entity.
Such changes will result in local executive bodies gaining more powers, which may affect legal certainty in the development area and create the risk that general layouts of different levels will contradict each other.
2. Partial transfer of the powers with respect to preparing town planning documents
It follows from the amended wording of article 31(16) of the Town Planning Code as suggested by the Law that the head of the local administration will receive the right (if the corresponding regulation is adopted by the state authority of the constituent entity) to adopt a decision approving the rules for the use and development of land and statutory annexes to them.
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Under current legislation, the head of the local administration may only decline the draft rules for the use and development of land or refer the draft rules to the local government representative body. |
Moreover, as follows from the new wording of parts 1 and 2 of article 32 of the Town Planning Code, the Law proposes that the regions introduce another model for adopting the land use and development rules: giving the local administration full control over this issue.
3. Rules of the transition period
The law stipulates special rules for situations when a constituent entity adopts legislation on amending the content of town planning documents and on transferring the powers to prepare such documents to the executive bodies.
For instance, article 4 of the Law provides that the local administration (if the rules for land use and development, which it adopts, are fully in line with the rules approved earlier by the local government representative body) will have the right to approve the rules for land use and development:
- without conducting public hearings and/or public discussions;
- without a report of the commission for preparing the rules for land use and development.
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It is difficult to explain what purpose the legislature had in mind when stipulating such a “re-adoption”. This may be aimed at changing the obligatory nature of public hearings (or public discussions) on the rules for land use and development, because the suggested wording or article 32(2) of the Code allows setting out in the law of the constituent entity the procedure for such rules to be approved by the local administration. |
What to think about and what to do
The amendments suggested by the Law essentially lead to the land use planning documents becoming less specific and detailed and to the powers of representative bodies of local governments with respect to town planning becoming seriously limited and being transferred to local administrations. The law will come into force once it is officially published, but the changes connected with the re-distribution of powers with respect to the preparation of town-planning documents may be implemented only after the relevant legislation of constituent entities has been adopted.
All persons whose activities are connected with the development and use of land and the preparation of town planning documents are advised to keep track of the laws of constituent entities being adopted aimed at amending the procedure for preparing the land use and development rules, as well as the set of data contained in general layouts.
Help from your adviser
Pepeliaev Group's lawyers are ready to assist in assessing any circumstances and facts as they apply to each specific obligation, and in developing a position on the most reasonable conduct depending on the situation. We will also provide any other legal support, including in resolving disputes, in negotiations with contracting parties and local government authorities, and in assessing the land and town planning risks in the current crisis.
We are ready to provide comprehensive legal support within litigations in courts of all levels, including on issues connected with disputing documents pertaining to land use planning and urban development zoning.