FAS PROPOSALS FOR REGULATING ZONES WITH SPECIAL USAGE CONDITIONS

There must be an exhaustive list of restrictions for using such plots and transparent requirements to their developers

Earlier, a new chapter was added to the Land Code of the Russian Federation * – “Zone with special conditions of territorial use”. For instance, 28 such zones can be arranges in accord with the law. Regulations for each kind of zones ** are approved by the Government of the Russian Federation, the main requirements for the Regulations are given in Article 106 of the Land Code.

Such territories include, for example: water conservation zone, aerodrome environs, protective zone of hydroelectric power facilities, etc. Constructions in these zones are allows in accord with special rules.

So far, FAS has considered draft proposals regarding 13 zones. For instance, according to Deputy Head of FAS Department for Control over Construction and Natural Resources, David Akopyan, comments are forwarded to the Ministry of Healthcare of the Russian Federation to the Regulations sanitary and sanitary-mountain protection districts and federal resorts; the Ministry of Transport received approvals for the  Regulations on railway buffer zones; and the Ministry of Communications has partly taken into account FAS comments on the Regulations  on communications lines and facilities protective zones.

He clarified that “FAS believes that the Regulations approved by the Government should contain exhaustive lists of restrictions for use of such plots and transparent requirements for their developers. It will form common approaches to legal regulation of urban development in such zones and reduce administrative barriers for developers”.

FAS also finds it expedient to transfer interaction between developers and the authorities in the sector into the electronic form, shorten the decision-making periods and prevent excessive requirements for additional approvals of construction within zones.

Deputy Head of FAS Rachik Petrosyan concluded: “The approaches suggested by FAS are aimed at unifying the current processes and setting open and exhaustive requirements, excluding the “human factor” from decision-making, making them transparent and accelerating construction procedures by order, which will help achieve the goals of the Road Map for developing competition in sectors of the economy and the “Residential Housing and Urban Environment” National Project”.

Reference:

* No. 342-FZ Federal Law “On amendments to the Urban Development Code of the Russian Federation and some legislative acts of the Russian Federation” of 3.08.2018. It adds a new Chapter to the Land Code of the Russian Federation – “Zones with special conditions for territorial use” to establish common approaches to legal regulation of setting such zones and restriction for use of land plots in such zones, and some relevant changes.

** Except water (fishery) conservation zones, protected shoreline belts, protective areas of cultural heritage sites.