The criteria have been set for structures and constructions to be classed as facilities of auxiliary use
The resolution has been adopted in pursuance of article 51(17)(3) of the Russian Town-Planning Code and sets out the criteria for structures and constructions (other than buildings) to be auxiliary in nature.
The legislators have set three groups of criteria which are common for an auxiliary facility being created for the purpose of operating the main facility. When the requirements of at least one of the criteria for the construction of a facility are met, no construction permit will be required to be obtained.
The first group of criteria takes into account the previous clarifications of state authorities as well as court practice and allows for a structure or a construction to be classed as auxiliary if it is:
- being built on the same land plot as the main facility;
- provided for by the project documentation prepared in relation to the main facility; and
- intended for servicing the main facility.
The second group of criteria is the most relevant for commercial activities. It allows for a facility to be located on a land plot other than the land plot where the main facility is when both are technologically connected. For instance, a facility will be auxiliary if:
- it is being built to ensure the operation of the main facility and has a servicing purpose in relation to the main facility;
- it is not particularly hazardous, technically complicated and unique;
- its overall area is not greater than 1,500 sq.m.;
- it does not require sanitary protection areas to be installed; and
- it is located on the land plot underlying the main facility, or on land plots adjacent to the land plot underlying the main facility, or on a land plot without shared boundaries with the land plot underlying the main facility, provided that the structure and construction of auxiliary use are technologically connected with the main facility.
The third group of criteria concerns non-commercial, everyday and economic activities of citizens on land plots provided for individual residential construction or for private subsidiary farming (a home farming land plot), or for terraced residential houses, or for citizens to garden for their own purposes; this group also contains a number of clarifications.
What to think about and what to do
We recommend considering whether facilities of auxiliary use meet the criteria set by the Russian Government’s Resolution and assessing the risk of them being recognised as facilities requiring a construction permit. For example, an additional analysis may be required if a facility meets the first of the above criteria but does not meet the second, or if there are contradictions with previous clarifications by state authorities.
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