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A law has been adopted that supplements the town-planning code with provisions on the architectural and town-planning layout of capital construction facilities

16.03.2023
11 min read
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Pepeliaev Group advises On 1 March 2023 the Russian Town-Planning Code (the “Town-Planning Code”) was supplemented with new provisions on the architectural and town-planning layout (“ATPL”) of capital construction facilities (“CCF”). [1]

The new developments include, among other things, provisions that the requirements for CCFs’ ATPL should be included in the land use and development rules (“LUDR”) and town-planning solution plans for land plots (“TPSP”), as well as provisions on how the general set of requirements for CCFs’ ATPL is established and how the ATPL of a specific CCF is approved.

It is also established that the period from 1 March 2023 until 1 September 2023 is a transition period:

  • the requirements for CCFs’ ATPL should be included in the LUDR and TPSP already starting from 1 March[2];

  • the provisions of the Town-Planning Code dedicated to the general set of requirements for CCFs’ ATPL as well as to the new procedure for obtaining an approval for the ATPL of a specific CCF, will be introduced upon completion of the transition period, i.e. from 1 September[3].

The requirements for CCFs’ ATPL should be included in the LUDR and TPSP

Starting from 1 March 2023 the requirements for CCFs’ ATPL should be included in the LUDR by means of (i) indicating on the zoning map for town-planning purposes the territory in which such requirements apply [4] and by (ii) including the specified requirements in the town-planning regulations in force in such territory.[5]

The requirements for CCFs’ ATPL that were established before 1 March 2023 should be included in the relevant LUDR in the transition period, as specified above.

The amendments to specify in the LUDR the requirements for CCFs’ ATPL are to be introduced in the LUDR in the period from 1 March 2023 until 1 September 2023 without public discussions or hearings being held.[6]

Also, according to the new provisions of the Town-Planning Code, starting from 1 March 2023 the requirements for a CCF’s ATPL (if any) should be included in the TPSP.[7]

Comment

In view of the new developments, the Russian Ministry of Construction, Housing and Utilities has prepared a draft order[8] whereby the form of a TPSP is supplemented with section 12, which contains information regarding requirements for a CCF's ATPL, and the filling-out procedure for the TPSP form is supplemented with provisions on the procedure for filling out section 12 of the TPSP.

It is intended that the order will come into force on 1 September 2023.[9] This means that in the period from 1 March 2023 until 1 September 2023 the procedure remains unregulated for information about the requirements for a CCF’s ATPL to be included in the TPSP.

How requirements are established for CCFs’ ATPL in view of the new developments

Until the transition period ends (until 1 September 2023), the requirements for CCFs’ ATPL are still established by legal regulations of the Russian constituent entities[10]. After the transition period ends (from 1 September 2023), such requirements are included directly into the LUDR[11] (i.e. are established by legal regulations of the local authorities that amend the LUDR).[12]

For the cities of federal significance (Moscow, St Petersburg and Sevastopol), from 1 March 2023 a special procedure is provided for, which establishes requirements for CCFs’ ATPL that is different from that specified above (please see a detailed description below).

How the general set of requirements is established for CCFs’ ATPL

Until 1 September 2023 (when the transition period ends), the set of possible requirements for CCFs’ ATPL (i.e. the requirements for a CCF’s ATPL that can be established in principle) may be established by a legal regulation of a constituent entity of the Russian Federation (in accordance with the previous regulation).[13]

From 1 September 2023 the list of possible requirements for a CCF’s ATPL should be established by the Russian Government. The requirements for CCFs’ ATPL may include requirements for dimensional, architectural and stylistic and other characteristics of a CCF.[14]

Comment

At present, there is the Russian Government’s draft resolution[15] that establishes such set of possible requirements for CCFs’ ATPL. It will be possible to establish in the LUDR the following requirements for CCFs’ ATPL:[16]

  • requirements for colour characteristics of a CCF;

  • requirements for finishing materials of a CCF’s façades;

  • requirements for cantilever and raised elements of a CCF’s façade;

  • requirements for the glazing of a CCF’s façades;

  • requirements for placing technical and utility equipment on a CCF’s façades;

  • requirements for the illumination of a CCF’s façades.[17]

According to the draft resolution:

  • it will be possible to establish in the LUDR all or part of the listed requirements;

  • it will be possible to establish for each territory (i.e. in each town-planning regulation) a specific set of requirements out of those listed above.

How an ATPL of a specific CCF is approved

Starting from 1 March 2023 the approval of a CCF’s ATPL (if it is required) is necessary in any case for the purpose of obtaining a construction permit.[18]

Until 1 September 2023 (until the transition period ends) approval is obtained under the old rules, i.e. in accordance with the procedure provided for by a legal regulation of a constituent entity of the Russian Federation.[19]

Starting from 1 September 2023, approval will be obtained under the new provisions of the Town-Planning Code in accordance with the following procedure.

If, in a specific territory, requirements for CCFs’ ATPL have been established, the ATPL of CCFs under construction/reconstruction in such territory is subject to approval of the authorised local body.[20] Approval is to be granted within 10 business days.[21] Approval can be denied on the ground that the CCF’s architectural solutions, which determine its architectural and town-planning layout[22], are not in line with the established requirements for the CCF’s ATPL.[23] The approval procedure is established by the Russian Government.[24]

Comment

At present, there is the Russian Government’s relevant draft resolution to adopt an approval procedure [25] whereby a CCF’s ATPL is to be approved by a commission that is set up in accordance with a legal regulation of the local administration.[26]

In order to obtain approval, the rightholder of a land plot or of a CCF submits to the commission an application together with specific sections of the design documentation for the construction/reconstruction of the CCF.


According to the new rules, no approval is required for the following facilities:[27]

  • CCFs that are located on land plots to which the town-planning regulation does not extend;

  • facilities for the construction/reconstruction of which no construction approval is required;

  • facilities located on land plots that are being used by penal institutions;

  • defence and security facilities, facilities of the Russian Armed Forces, other troops, military units and bodies operating in an area of national defence and state security;

  • other facilities determined by the Russian Government and legal regulations of government bodies of constituent entities of the Russian Federation.

Comment

The Russian Government’s above draft resolution also determines other facilities that do not require approval: hydraulic facilities; underground constructions; etc.[28]

For the cities of federal significance (Moscow, St Petersburg and Sevastopol), from 1 March 2023 special rules are provided for obtaining an approval for CCFs’ ATPL that are different from those that are specified above (please see a detailed description below).

The specific procedure for establishing requirements for CCFs’ ATPL and for obtaining an approval for CCFs’ ATPL in the cities of federal significance

According to the new provisions of the Town-Planning Code on CCFs’ ATPL, starting from 1 March 2023 special rules relating to CCFs’ ATPL apply to the cities of federal significance:[29]

  • the set of requirements for CCFs’ ATPL;

  • the procedure for establishing requirements for CCFs’ ATPL;

  • the procedure and timeframes for approving CCFs’ ATPL, including a list of grounds for such approval to be denied;

  • a list of CCFs that are not subject to any approval,

  • that are approved by legal regulations of supreme executive authorities of such constituent entities of the Russian Federation.[30]

Therefore, as was previously the case, almost everything connected with CCFs’ ATPL in the cities of federal significance is governed by the legal regulations of such cities.

Only the following new provisions of the Town-Planning Code regarding CCFs’ ATPL apply to such facilities:

  • the provisions that the requirements for CCFs’ ATPL should be included in the LUDR and TPSP;

  • the provision that the approval of a CCF’s ATPL (if it is required) is necessary for the purpose of obtaining a construction permit.

What to think about and what to do

Developers should take into account the requirements for CCFs’ ATPL along with other requirements for the construction/reconstruction of CCFs when undertaking architectural and town-planning design.

In view of the new provisions regarding CCFs’ ATPL being included in the Town-Planning Code, in the event of construction/reconstruction of CCFs we recommend:

  • paying attention to whether the LUDR contain requirements for CCFs’ ATPL;

  • taking into account that starting from 1 March 2023 the approval of a CCF’s ATPL (if it is required) is a mandatory condition for a construction permit to be obtained;

  • taking into account that, starting from 1 September 2023, in all constituent entities of the Russian Federation, except for the cities of federal significance, approval of a CCF’s ATPL will be issued under the rules that the Russian Government’s resolution will establish from 1 September 2023.


[1] Federal Law No. 612-FZ dated 29 December 2022 “On amending the Russian Town-Planning Code and individual regulations of the Russian Federation and on repealing para 2 of article 16(2) of the Federal Law “On rail transport in the Russian Federation”.

[2] Article 6(1) and article 5(4) of Federal Law No. 612-FZ dated 29 December 2022.

[3] Article 5(6) and article 1(4)(c) of Federal Law No. 612-FZ dated 29 December 2022.

[4] Article 30(5.3) of the Town-Planning Code, which was introduced on 1 March 2023.

[5] Article 30(6)(2.1) of the Town-Planning Code.

[6] Article 5(4-5) of Federal Law No. 612-FZ dated 29 December 2022.

[7] Article 57.3(3)(18) of the Town-Planning Code “The town-planning solution plan for a land plot”, which was introduced on 1 March 2023 .

[8] The draft decree “On amending the form of the town-planning solution plan for a land plot and the procedure for filling it out as approved by decree No.741/pr dated 25 April 2017 of the Russian Ministry of Construction, Housing and Utilities. Located at the address: https://regulation.gov.ru/projects#npa=135792.

[9] Clause 2 of the draft order.

[10] Article 6(1.1) of Federal Law No. 275-FZ dated 1 July 2021 “On amending the Russian Town-Planning Code and individual regulations of the Russian Federation” and article 5(6) of Federal Law No. 612-FZ dated 29 December.

[11] Article 30(5.3) and article 30(6)(2.1) of the Town-Planning Code, which were introduced on 1 March 2023.

[12] Article 32(1) of the Town-Planning Code.

[13] Article 5(6) and article 1(4)(c) of Federal Law No. 612-FZ dated 29 December 2022.

[14] Ibid.

[15] https://regulation.gov.ru/projects#npa=135614.

[16] This relates not to specific requirements, but rather to types of requirements.

[17] Clause 3 of “The requirements for the architectural and town-planning layout of a capital construction facility”, attached to the Russian Government’s draft resolution.

[18] According to article 51(7)(5.1) of the Town-Planning Code, which was introduced on 1 March 2023, such approval is included in a set of documents that is filed for the purpose of obtaining a construction permit.

[19] Article 5(6) of Federal Law No. 612-FZ dated 29 December 2022.

[20] Article 40.1(1) of the Town-Planning Code, which was introduced on 1 March 2023.

[21] Article 40.1(3) of the Town-Planning Code, which was introduced on 1 March 2023.

[22] That are contained in the design documentation or in the developer’s or technical customer’s terms of reference for design of the CCF.

[23] Article 40.1(4) of the Town-Planning Code, which was introduced on 1 March 2023.

[24] Article 40.1(5) of the Town-Planning Code, which was introduced on 1 March 2023.

[25] https://regulation.gov.ru/projects#npa=135614.

[26] Clause 3 of “The rules for approving the architectural and town-planning layout of a capital construction facility” contained in the draft resolution.

[27] Article 40.1(2) of the Town-Planning Code, which was introduced on 1 March 2023.

[28] Clause 2 of “The rules for approving the architectural and town-planning layout of a capital construction facility” contained in the draft resolution.

[29] Article 63(19) of the Town-Planning Code as amended by Federal Law No. 612-FZ dated 29 December 2022.

[30] A similar provision was in force until 1 March 2023: article 63(18) of the Town-Planning Code allowed requirements for CCFs’ ATPL to be established in the cities of federal significance by legal regulations of such constituent entities of the Russian Federation.

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