Non-capital property. What are capital construction projects and their types. Proposed definition of line features

Capital construction objects subject to registration in the state real estate cadastre and other types of cadastres are buildings, structures, premises and objects of construction in progress.

Buildings, structures, construction in progress, with the exception of temporary buildings, kiosks, sheds and other similar structures, are classified as immovable things.

The legislative definition excludes temporary buildings from capital construction objects and directly indicates, as an example of buildings: kiosk- a building that does not have a trading floor and is designed for one workplace of the seller; canopy- a structure of a semi-closed type (a roof on supports with or without open walls).

In Russian legislation, the concept of “capital construction object” has existed since 2005. In the previous urban planning legislation, the legal constructions “real estate objects in urban planning”, “objects of urban planning activities” were used.

Let us consider in more detail the types of capital construction objects (hereinafter referred to as OKS)

building called a ground building structure with an internal space intended for a certain type of human activity and recreation, or architectural and construction objects, the purpose of which is to create conditions for work, living, social and cultural services for the population, storage of material values, keeping animals.

The building includes utility networks and utility systems (equipment). The building may also have operated premises in the underground part. A structure that does not have an aboveground part is not a building.

The building is one of the types of building structures. The main task of buildings is the spatial organization of household, labor processes and people's recreation.

Buildings are studied by the science of Typology, which classifies architectural objects in their comparison according to common features:

functional purpose;

Space-planning parameters;

Patterns of shaping;

Urban planning functions and requirements for them;

operational qualities.

By functional purpose buildings are divided into four main groups corresponding to the main types of human activity: life, work and public and administrative activities:

Public buildings;

Residential buildings;

Industrial building;

Buildings and structures intended for the needs of agriculture.

Each of these groups, in turn, has its own typological structure, depending on the functional purpose of buildings, or their specifics. The main feature of buildings, by which it is determined that it belongs to a particular group, is the appointment of a building of a certain type for a specific purpose.

for example: public buildings are classified according to the areas of cultural and community services for the population:

1) healthcare;

2) science, education and training;

3) education and training;

4) physical culture and sports;

5) mass recreation;

6) transport and communications;

7) public catering;

8) trade;

9) household services;

10) managerial and administrative activities;

11) utility companies.

By space-planning parameters buildings are classified according to the number of storeys, planning schemes, functional zoning of buildings on the master plan and premises in the building itself.

for example: residential buildings are divided into the following types:

Single-apartment (one-story, attic, two-story);

Blocked (two-apartment one-, two-story, four-apartment two-story; multi-apartment one-two-story);

Sectional (single-section three-story and above, multi-section two-story and above);

Corridor, corridor-sectional;

Gallery, gallery-sectional.

One example of the classification of buildings is the following scheme (Fig. 2.1):

Rice. 2.1. Example of building classification.

Residential building(house) consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building. Residential buildings (houses) include residential houses of a permanent type, dormitories, shelters, houses of a mobile fund, boarding houses for the elderly and disabled, veterans, special houses for lonely old people, orphanages, boarding schools at schools and boarding schools, and other houses.

Individual residential buildings - detached residential buildings with no more than three floors, intended for one family. They also include cottage-type houses (in which there is a small plot of land; cottages are mainly two-story with an internal staircase, on the first floor of which there is usually a common room, kitchen, utility rooms; on the second floor - bedrooms), single-family block houses, consisting of autonomous residential blocks.

An apartment building is a collection of two or more apartments in a residential building that have independent exits either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.

non-residential buildings- these are buildings, the purpose of which is to create conditions for labor, social and cultural services for the population and storage of material values: industrial, agricultural, commercial, administrative, educational, health, and others.

In the process of developing the needs of the population of the city, the types of buildings are constantly changing. In addition to clearly defined types of buildings, there are many transitional forms.

In addition to the typological classification, i.e. classification of buildings by purpose, there is a division of buildings into classes by importance. There are 4 classes of buildings. Each class of buildings is subject to certain requirements regarding capitalization (building materials and structures, fire resistance, etc.), the degree of urban planning and national economic significance, and performance characteristics.

BuildingIclass. These include residential and public buildings that meet increased requirements (public buildings that play a particularly important role in the composition of cities, residential buildings above six floors, etc.).

BuildingIIclass. These are buildings of mass construction, residential buildings of 4-5 floors.

BuildingIIIclass are low-rise buildings with a small capacity.

BuildingIVclass. These are buildings that meet the minimum requirements.

The main components of buildings are premises - this is a functional part of a building, structure or structure, separated from other functional parts by physical boundaries (walls) that do not have gaps.

As part of the premises, there may be rooms for the intended purpose (room-bathroom, room-entrance room, room-kitchen, rest room, etc.). A room is an indivisible functional part of a building.

construction - the result of construction, which is a three-dimensional, planar or linear building system, which has ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and designed to perform production processes of various types, store products, temporary stay of people, movement of people and goods.

An object that acts as a structure is each individual structure with all the devices that make up a single whole with it.

for example:

The dam includes the dam body, filters and drains, sheet piles and grouting screens, outlets and weirs with metal structures, slope supports, roads along the dam body, bridges, platforms, fences, etc.;

The motor road within the established boundaries includes the subgrade with fortifications, the top surface and road conditions (traffic signs, etc.), other structures related to the road - fences, descents, weirs, ditches, bridges with a length of not more than 10 m , ditch.

Structures that are a single object, consisting of heterogeneous elements united by a common functional purpose, also include stadiums, which include specially equipped areas for practicing various sports, for example, gorosh and athletics fields, football and hockey fields, a running track and pits for jumping. The playgrounds are located on the ground and are its adaptation for the purposes of physical culture and sports. In this case, these structures were created in such a way that corresponds to their functional purpose.

Structures also include: complete functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized structures of communication systems, as well as a number of similar objects with all associated engineering structures.

Buildings. Legislative definitions of the concept " buildings» is not available in Russian legislation. As before in the legislation of the RSFSR, the term "buildings" is used as a general concept of buildings and structures. At present, the concept of “building” is mainly used either in one terminological series - “building, structure, structure”, or as an equivalent to the concept of a building, or a secondary meaning is emphasized: “residential and utility buildings located in garden and suburban areas”, utility buildings for keeping pets, buildings for auxiliary use, buildings for consumer purposes (dachas, garden houses, garages).

Unlike other capital construction projects, the building is not an object of accounting used in the maintenance of the unified state register of capital construction objects and the state cadastral registration of real estate.

Construction in progress - objects, the construction of which has been suspended, mainly due to lack of financial resources and logistical support. The specified legal term characterizes not the design features of the real estate object and the functional goals of its creation, but the process of creating the real estate object and the reflection of the phased nature of this process in the properties of the object being created. Unlike buildings, structures or structures, objects under construction cannot be used in accordance with their purpose until the completion of construction and commissioning.

The construction of any objects for which it will be necessary to perform not only construction work, but also land, is called capital. During capital construction, absolutely new structures are created and existing ones are reconstructed.

Classification of capital construction objects

All kinds of structures, buildings and structures that are being built now, and unfinished objects that began to be erected as capital ones, are objects of capital construction.

Capital construction is divided into:

1. Building
2. Structures.

Building- these are buildings intended for housing, storage of products, keeping animals and for enterprises.

Such buildings is a balanced engineered system designed to serve construction, above and below ground.

Conventionally, buildings are divided into:

• Residential
• non-residential

Housing structures should have a couple of rooms for housing, as well as amenity premises. These can be hostels, orphanages, boarding schools and shelters. This also applies to nursing homes, veterans and the disabled.

Houses of individual construction built to accommodate just one family. Such capital construction projects are erected independently of other buildings, and at the same time, they cannot exceed a three-story height. There are also cottage houses, their owners own land nearby, their height should not exceed two floors.

apartment buildings are buildings in which several families should live, a prerequisite for this is a separate entrance for each apartment, houses of this type must strictly comply with housing legislation.

Non-residential buildings they build to store material values, as well as to provide people with work and recreation, cultural and social development. Non-residential buildings include commercial buildings, as well as educational, medical, administrative and agricultural buildings.

The type of capital construction also includes structures.

These are objects that combine different elements with each other. Such structures include stadiums and dams, roads and pipelines.

Structures- this is a rather complex building system, which can be located both above and below the ground, it can have a fence and free-standing structures.

Types of capital construction

• Construction of a new building or structure, for which a new separate construction site is allocated;
• Expansion of an already built facility involves the construction of new buildings on the territory of an existing one;
• Reconstruction of the building also refers to capital construction. Basically, during such work, the object is not expanded, but the existing building is completely redone, in order to improve technical capabilities.

For people and the state, capital construction is very important, because thanks to it, new enterprises and living conditions arise.

Construction in progress

Construction in progress is not considered by the Capital Construction Department as a separate category, but they are practically singled out as a separate category. Sometimes they are defined as building objects of secondary purpose. For example, it can be garages or country houses, such buildings are not included in the state register of real estate, as well as capital construction projects.

Construction in progress includes buildings, work on which has been suspended for a while, the reasons may be different:

• Technical
• Lack of material
• Insufficient funding.

Such buildings are entered in the register, but they cannot be used for their intended purpose until the construction is completed. In addition, it is worth going through a complex commissioning procedure. Unfinished construction is a temporary phenomenon that the construction department tries to deal with as quickly as possible.

Objects that cannot be related to capital construction

In the first place of such a list are temporary buildings. They are made in order to be able to provide the proper conditions for carrying out various works.

For example, it can be a place to store inventory, or for a short stay. When the main line of work is completed, the temporary buildings are dismantled. From a technical point of view, there are no restrictions for their construction, it can be containers, or a brick building with reinforced concrete floors.

The purpose for which a particular structure was built is the main criterion in determining the purpose of an object.

Temporary structures cannot exist for more than five years, and capital construction has an unlimited service life. Sometimes exceptions are made, and temporary buildings are given a service life of up to 15 years, or transferred to the status of a permanent structure.

For example, this applies to workers' settlements or towns that were built for 15 years, back in the 70s.

Non-stationary buildings cannot be attributed to capital construction. Since light materials are used for their construction, and no foundation is made. These are mainly garage boxes, street toilets, as well as points with street consumer services and fast food establishments.

Such buildings are mobile, they can be easily assembled or disassembled to be transported to another place. Non-stationary structures include pavilions and kiosks, as well as playgrounds, and others.

Temporary buildings are also made on the territory of the forestry, for example, apiaries and fences, sheds and other necessary structures for collecting forest resources, but this does not apply to cutting down trees.

Stages of capital construction:

• Justification of development from a technical and economic point of view
• Engineering surveys
• Design
• Construction planning
• Construction of temporary buildings, site clearing for construction
• Construction process
• Collection of documents and commissioning of the building

Several building methods:

1. Under a contract of employment with the services of professional firms, workers and organizations, this is a contracting way
2. With the economic method, all construction and documentary work is carried out independently.

Financial costs during construction are capital investments, and they consist of several items:

• Expenses for the purchase of tools and other equipment that is necessary in the work
• Material costs
• Design costs
• Installation of equipment
• Payroll costs for managers and staff.

Relationship between real estate and capital construction

Real estate objects are completely connected with the land on which they are located, since it is impossible to transfer them to another territory. Immovable construction objects are unfinished construction, buildings and structures.

In order for a building to receive the status of immovable, it must not only be connected to the land, but also comply with technical and legal standards.

A capital structure must necessarily comply with legal norms and legislation that may give permission for its construction, it is also necessary to prove that the object complies with the building standards in a particular city.

In order for the property to be recognized as immovable, it is necessary to comply with all legal norms, as well as obtain permission from the owner of the land or from the state for the construction of immovable property.

In order for a house to receive the status of real estate, it must meet the technical requirements, for example, it is built exclusively on a foundation with the necessary communications. The result is an object of capital construction.

Specifications that must be met:

• Foundation it is not necessary to deepen only for frame construction
• Since the monolithic type of foundation is also used for temporary buildings, the presence of such a foundation does not prove that the object belongs to capital construction;
• Must have a building permit in order to obtain ownership rights in the future;
• Temporary structures may also have capital construction characteristics, but without the necessary documents, they cannot change status.
• If communications are not connected, this does not indicate the strength of the building and does not guarantee movement without harm to the building.

What are linear objects?

Before the construction of linear facilities, it is necessary to familiarize yourself with the legislation.

Linear objects are inseparable immovable things:

• Power lines
• Water pipes
• gas pipeline
• Pipeline
• Car roads
• Railways
• artificial waterways
• Tram rails

An exception is the capital construction of a facility for the development of mineral deposits. But there are objects that cannot be classified as linear, such as:

• Earthen barns intended for the production of products in emergency conditions;
• Technical installations for preparing products for transportation;
• Pump stations for pumping and pouring;
• Gas distribution stations, as well as compressor stations;
• Overpasses for loading and unloading;
• Underground gas storage stations;
• Points for heating oil;
• Telecommunication buildings that are not intended to accommodate cable lines;
• Substations;
• distribution points.

Operation of the capital construction facility

A document confirming the completed construction work or the reconstruction of the building allows the building to be put into operation. To obtain such permission, they apply to the executive authorities, or to the local government with a corresponding application.

To obtain a permit, you need to prepare some documents:

• Documents confirming the right land ownership;
• Detailed site plan, and for the object of reconstruction, the planning of the territory and the project with the surveying of the territory;
• Permission to carry out construction works;
• Certificate of acceptance of OKS;
• Confirmation that the house meets the technical requirements, with the signature of the person responsible for the construction process;
• Confirmation that the parameters of the house or the object of reconstruction meet the requirements of energy efficiency, and that there are devices for accounting for consumed energy resources;
• Confirmation that the structure meets technical standards, with the signatures of organizations that were engaged in engineering and technical work;
• The scheme on which the construction object should be located, with the location of engineering networks within a specific site, with the signature of the person responsible for construction;

The authority that issued the building permit, within 10 days from the date of application, must check all the necessary documents, as well as inspect the construction site.

Only after that a permit is issued to put the building into operation, or vice versa, I refuse and do not issue a permit.

In case of refusal, the authorities are obliged to provide documents explaining the reason.

There are some reasons why a building may be denied operation:

• If not all required documents are provided;
• When an object is not built in accordance with the requirement of a town-planning plan;
• If the object does not meet the requirements specified in the building permit;
• If the building does not comply with the project, the only exception can be individual construction;

But even if the developer is refused, he has the right to resolve the controversial issues by going to court. Only when there is a permit for commissioning in hand, the building is registered with the state capital construction.

To engage in capital construction, you need to study the regulatory framework well, this will help to avoid trouble during work and in the preparation of documentation. By following all the rules and regulations, you will save time and energy, and will be able to build a beautiful and durable building according to the rules.

Capital construction is the construction of any objects for which it is necessary to carry out not only construction and installation work, but also earthworks for the installation of so-called deep foundations, as well as work on the construction of enclosing and load-bearing structures, supplying all necessary engineering communications. Also, capital construction is an activity for the construction of new and modernization of old industrial and non-industrial buildings.

A variety of buildings, structures and buildings are usually referred to as capital construction projects. This list also includes unfinished construction projects, if they were originally built as capital ones.

The term capital construction object appeared in the legislation of the Russian Federation, replacing the concepts of the object of urban planning activity and the object of real estate in urban planning that are still used. The object of capital construction is usually divided into types: buildings and structures.

Buildings are intended for human habitation, keeping animals, storing products of production or accommodating the production itself. The building is a balanced system and engineering networks serving the surface and underground parts of the construction result.

Buildings are divided into:

Residential;
and non-residential.

Residential houses or buildings are several rooms intended for living, equipped with additional premises for domestic needs. An example of residential buildings are hostels, boarding schools, orphanages, orphanages. According to the same principle, special homes for the elderly, the disabled, and veterans are being built.

An individual residential building is primarily distinguished by the fact that it is intended for the residence of only one family. This capital construction object is located independently of other buildings and cannot have more than three floors. In the case of individual cottage-type residential buildings, the property also includes a land plot, the height of the building is limited to two floors.

A residential building created for the residence of two or more families, having for this purpose apartments with separate exits that meet the requirements of housing legislation, is referred to as multi-apartment buildings.

Non-residential buildings are designed to ensure the storage of material values, create conditions for work and recreation, social or cultural development of a person. Non-residential buildings include commercial, educational, industrial, administrative, agricultural and medical buildings.

Types of capital construction include structures. It is customary to call a structure the result of construction, which combines several dissimilar elements like a highway, a dam, stadiums, power lines, pipelines, and so on. Structures are designed to organize the production process, the movement of people or material values, temporary stay. The structure is a complex building system located above the ground or above the ground and underground, having load-bearing, enclosing and separate structures.

The Department of Capital Construction does not consider buildings and objects of construction in progress as an independent category. However, in practice they are separated into a certain conditional category. Buildings usually combines the concept of a building and a structure. A variant of the definition as the structure of an object of secondary importance is possible. It can be a country house, a garage. Buildings are not included in the unified state register of real estate and capital construction projects.

Construction in progress are buildings and structures, the construction of which was temporarily suspended due to the lack of technical, material or financial base. Each of these objects is listed in the state register, but cannot be used for its intended purpose until the completion of the construction process. You also need to go through the commissioning process. Construction in progress is temporary. The management of capital construction by state bodies is aimed at maximizing the development of territories, for which the construction of all such facilities is being completed.

First of all, temporary buildings are excluded. They are built to provide the conditions necessary for the performance of certain works (storage of inventory, material assets, short-term residence). After the completion of the main works, temporary buildings are to be dismantled. Technically, there are no restrictions on the construction of a temporary building. With the same success, it can be of a container type or have reinforced concrete floors on brick walls standing on a foundation.

The operation of capital construction objects is the main criterion for dividing objects into temporary or permanent ones. A temporary building is erected for a period limited to five years, while a capital construction object has no restrictions on the duration of operation (according to the technical permit). There are some exceptions to the rule, as a result of which the duration of the operation of temporary structures is increased to fifteen years, or the structure acquires the status of a permanent structure. A vivid example of this phenomenon was the workers' settlements and towns built for fifteen years in the 80s. The change of era, government, consciousness has turned temporary buildings into permanent residential areas.

Non-stationary non-capital structures are not related to the field of capital construction. For their construction, light structures without a foundation are used. The main representatives of such buildings are toilet cabins, garage boxes, bus stops, street fast food and consumer service points. The main criterion for these buildings is their mobility, ease of assembly and disassembly. They are represented not only by kiosks and sheds, but also by small architectural forms, children's and sports grounds, fountains and so on.

Temporary structures in the form of fences, apiaries, sheds, dryers, and other things can be erected on forest plots to make it possible to harvest forest resources that are not related to cutting down trees, for example, to collect food products, medicinal plants.

The property is invariably connected to the land. It is impossible to move a structure without causing huge damage to it. Immovable objects include buildings and structures, construction projects in progress. At the same time, the capital construction object does not need to be a mirror image of the concept of a real estate object. At the same time, to acquire the status of real estate, one reliable connection with the land is not enough. You must additionally comply with certain technical and legal regulations and requirements.

When organizing capital construction, it is necessary to comply with all legal acts and legislative documents confirming the permission to erect the structure, and confirming the compliance of the new object with all urban planning rules. Otherwise, there is a danger of violating the civil rights of the owner. To recognize property as immovable, subject to all legal prerequisites, additional consent of the owner of the land plot or the relevant state body for the formation of immovable property is required.

In the field of capital construction, the principle of compliance with technical characteristics is also applied in order to be able to classify a building as real estate. According to him, the property must be built on a specially mounted foundation with fixed communications. The result of construction work should be an object of capital construction.

Arbitration courts adopted decisions that determined the insufficiency of technical characteristics as decisive. For example:

A recessed foundation is not a prerequisite for the construction of a frame structure;
the absence of connected communications does not determine the strength of the connection with the ground, as well as the possibility of moving without causing serious damage;
a monolithic foundation is used not only by different types of capital construction, but also by temporary buildings, which excludes the presence of a monolithic foundation as evidence that the object is a capital structure;
when organizing capital construction, appropriate documentation support is required to obtain ownership of this real estate. It is possible to give the physical characteristics of real estate to a temporary building, which will not change its status without appropriate conclusions.

The operation of capital construction facilities provides for mandatory compliance with the building and land use rules established for cities and settlements.

Access to ancillary permitted uses may only be in addition to the primary activity. The right holders of the capital construction object and the land plot have the right to independently choose the auxiliary and main type of permitted use of their property. State authorities, local self-government, municipal enterprises and institutions are deprived of such an opportunity. They need to go through a preliminary approval and approval process.

Structures and buildings of an auxiliary nature do not require a building permit. In the absence of building and land use rules established for this site, it is necessary to prove that the capital construction object is of an exclusively auxiliary nature.

Auxiliary buildings become an integral part of the main structure, providing comfort or safety of the capital construction object. For example, a stadium, being a building of an object of physical culture and sports, cannot function effectively without administrative buildings, a toilet, changing rooms, and a water booth. Without the stadium itself, they are completely unnecessary, while the main use of the building without them is impossible according to the modern requirements of sports venue organizations.

When conducting an inventory of buildings, the main object is identified with an indication of the type of its activity and with the assignment of an inverter number, and the auxiliary objects included in its composition are listed.

Unauthorized construction may be recognized as construction in progress, buildings, structures and structures. Signs of unauthorized construction occur when an act of capital construction with all the necessary technical documentation for registration of real estate is accompanied by a violation of legal requirements and criteria.

The main signs of unauthorized construction are:

Use for construction of a land plot that does not meet these purposes, bypassing or ignoring legal documents;
the safety of the capital construction object cannot be guaranteed due to the lack of necessary permits (except for the permit to use the site) or building codes and rules were ignored during construction.

When an unauthorized building is identified that is used as an object of capital construction, its builder is obliged to immediately dismantle it (in cases of suspicion of a threat to the life or health of people around) or establish ownership of it in a judicial proceeding.

The court does not recognize the ownership of real estate created in violation of building codes, and the ignored act of capital construction, which complies with urban planning standards, also affects. In this case, a threat to the health and life of people is created, which does not allow us to consider the building legal and save it.

There is a section in the regulation on unauthorized construction regarding the reconstruction of immovable property. The issue is submitted for trial in situations involving a complete change in the appearance of the object as a result of reconstruction. If it is impossible to restore the original state, then the court most often decides to demolish the new object. These provisions do not apply to the unauthorized construction of objects that do not claim to be real estate.

Terms and basic definitions

Urban Planning Code of the Russian Federation (GSK RF)- a legislative act regulating relations in the field of urban planning.

Construction- this is the creation of buildings, structures, structures (including on the site of demolished capital construction projects) - paragraph 13 of Article 1 of the Civil Code of the Russian Federation.

Capital construction object- a building, structure, structure, objects, the construction of which has not been completed (hereinafter - objects of construction in progress), with the exception of temporary construction sites, kiosks, sheds and other similar structures - paragraph 10 of Article 1 of the Civil Code of the Russian Federation.

Types of capital construction objects depending on the functional purpose and characteristic features.

Types of capital construction facilities are given in the Appendix on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

Capital construction objects, depending on the functional purpose and characteristic features, are divided into the following types:

Production facilities (buildings, structures, industrial facilities, including defense and security facilities), with the exception of linear facilities;

Objects for non-industrial purposes (buildings, structures, structures of the housing stock, socio-cultural and domestic purposes, as well as other capital construction objects for non-industrial purposes);

Linear objects (pipelines, roads and railways, power lines, etc.).

Building- the result of construction, which is a three-dimensional building system that has aboveground and (or) underground parts, including premises, engineering and technical support networks and intended for human habitation and (or) activity, production location, product storage or animal keeping (paragraph 6, Part 2, Article 2 of the Federal Law of December 30, 2009 No. 384-FZ "Technical Regulations on the Safety of Buildings and Structures").

Types of buildings. Buildings are divided into residential and non-residential. Residential building(house) consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building. Residential buildings (houses) include residential houses of a permanent type, dormitories, shelters, houses of a mobile fund, boarding houses for the elderly and disabled, veterans, special houses for lonely old people, orphanages, boarding schools at schools and boarding schools, and other houses.

Individual residential buildings- detached residential buildings with no more than three floors, intended for one family. They also include cottage-type houses (in which there is a small plot of land; cottages are mainly two-story with an internal staircase, on the first floor of which there is usually a common room, kitchen, utility rooms; on the second floor - bedrooms), single-family block houses, consisting of autonomous residential blocks.

Apartment house- a set of two or more apartments in a residential building with independent exits either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.

Non-residential buildings - buildings whose purpose is to create conditions for labor, socio-cultural services to the population and storage of material values: industrial, agricultural, commercial, administrative, educational, healthcare, others (Rosstat order dated November 1, 2008 No. .2010) “On Approval of Instructions for Completing the Form of Federal Statistical Observation No. C-1 “Information on the Commissioning of Buildings and Structures”).

construction- the result of construction, which is a three-dimensional, planar or linear building system, which has ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases enclosing building structures and designed to perform production processes of various types, store products, temporary stay of people, movement of people and goods (paragraph 23 of part 2 of article 2 of the Federal Law of December 30, 2009 No. 384-FZ "Technical Regulations on the Safety of Buildings and Structures").

An object that acts as a structure is each individual structure with all the devices that make up a single whole with it. For example:

An oil well includes a direction, a conductor, a casing string, a set of tubing, wellhead fittings, oil recovery equipment (a pumping unit or a machine with a chain drive or a deep pump);

The dam includes the heat of the dam, filters and drains, sheet piles and grouting screens, spillways and weirs with metal structures, slope supports, roads along the dam body, bridges, platforms, fences, etc.;

The motor road within the established boundaries includes the subgrade with fortifications, the upper surface and road conditions (road signs, etc.), other structures related to the road - fences, descents, weirs, ditches, bridges no longer than 10 meters, a moat .

Structures that are a single object, consisting of heterogeneous elements united by a common functional purpose, include stadiums, which include specially equipped areas for practicing various sports, for example, gorosh and athletics fields, football and hockey fields, a treadmill and jumping pits . The playgrounds are located on the ground and are its adaptation for the purposes of physical culture and sports. In this case, these structures were created exactly in such a form that corresponds to their functional purpose (Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of October 20, 2010 No. 6200\10 in case No. A56-50083\2008).

Structures also include: complete functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized structures of communication systems, as well as a number of similar objects with all associated engineering structures (“ OK 013-94 All-Russian classifier of fixed assets "(approved by the Decree of the State Standard of the Russian Federation of December 26, 1994 No. 359, date of introduction 01.01.1996, as amended on 04.14.1998).

Buildings. There is no statutory definition of "building". As before in the legislation of the RSFSR, the term "buildings" is used as a general concept of buildings and structures (Article 233 of the Town Planning Code (part one) - Federal Law No. 51-FZ of November 30, 1994 (as amended on April 6, 2011). Currently, the concept “building” is mainly used either in one terminological series - “building, structure, structure”, or as an equivalent concept of a building (articles 2, 4 and 5 of the Law of the Russian Federation dated 09.12.1991 No. 2003-1 (as amended on 27.07.2010) “ On taxes on property of individuals"), or the secondary importance is emphasized: "residential and utility buildings located in garden and summer cottages", utility buildings for keeping pets (Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ (ed. dated 04/06/2011), buildings for auxiliary use (clause 3 of part 17 of article 51 of the Town Planning Code - Federal Law of 12/29/2004 No. 190-FZ (as amended of 04/21/2011), Federal Law and dated November 23, 2009 No. 261-FZ (ed. 07/27/2010) "On energy supply and on improving energy efficiency and on amending certain legislative acts of the Russian Federation" (as amended and supplemented, effective from January 1, 2011), buildings for consumer purposes (dachas, garden houses, garages) (Article 5 of the Federal Law of July 16, 1998 No. 102-FZ (as amended on June 17, 2010) “On Mortgage (Pledge of Real Estate)” (adopted by the State Duma of the Federal Assembly of the Russian Federation on June 24, 1997).

Unlike other capital construction projects, the building is not an object of accounting used in maintaining the unified state register of capital construction objects and the state personnel records of real estate (Article 1 of Federal Law No. 221-FZ of July 24, 2007 (as amended on December 27, 2009) "On the state cadastre of real estate").

Objects under construction. There is no legal definition of the concept of “construction in progress”.

Objects under construction - objects, the construction of which has been suspended mainly due to lack of financial resources and logistical support. The specified legal term characterizes not the design features of the real estate object and the functional goals of its creation, but the process of creating the real estate object and the reflection of the phasing of this process in the properties of the created object. Unlike buildings, structures or structures, objects under construction cannot be used in accordance with their purpose until the completion of construction and commissioning.

Construction in progress is temporary. The norms of federal legislation are aimed at introducing objects of construction in progress into property circulation as objects of property rights to complete construction and achieve the goal of sustainable development of territories (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 23, 2008 No. 8985 \ 08).

Capital construction facilities for industrial purposes- buildings, structures, structures for industrial purposes, including defense and security facilities, with the exception of linear facilities (clause 2a of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87).

Capital construction objects for non-industrial purposes- building, structures, structures of the housing stock, for socio-cultural and domestic purposes, as well as other capital construction facilities for non-industrial purposes (paragraph 2b of the regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87).

Linear objects. The concept of linear objects in the federal legislation is not clearly defined. In accordance with the Federal Law of December 21, 2004 No. 172-FZ “On the transfer of land or land plots from one category to another”, roads, communication lines (including linear cable structures), oil, gas and other pipelines, roads, railway lines and other similar structures.

In accordance with paragraph 11 of article 1 of the Town Planning Code - Federal Law No. 172-FZ of December 29, 2004 "On the transfer of land or land plots from one category to another", roads, communication lines (including linear-cable structures) are classified as linear objects , pipelines, roads, railway lines and other similar structures (hereinafter referred to as linear objects).

Article 9 of the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” contains a brief definition of linear objects (structures). Being one of the types of real estate, linear objects have a number of characteristics: they can be complex or indivisible things, they have a significant extent in space and can be located on the territory of more than one registration district. At the same time, they are subject to mandatory, including technical, accounting, and transactions with them are subject to state registration.

Most linear objects are not associated with the registration of land plots, and only motor roads as linear objects fully include the land plots on which they are located.

Russian legislation does not provide detailed explanations on this topic. Federal Law No. 221-FZ of July 24, 2007 “On the State Cadastre of Real Estate” regulates the location of linear objects by determining the coordinates of characteristic points established by specialists in land surveying.

Decree of the Government of the Russian Federation of May 11, 2005 No. 68 “On the Features of State Registration of Ownership and Other Real Rights to Linear Cable Communication Facilities” refers to real estate objects of communication facilities that are firmly connected to the land, the movement of which is impossible without disproportionate damage to their purpose.

Suggested definition of line features:

Line features- extended capital construction facilities, on which power lines, line-cable communication facilities, engineering networks that are not infrastructural capital construction facilities for industrial or non-industrial purposes, transport facilities (roads and railway lines, free-standing artificial structures that are not included in infrastructure of roads and railway lines (such as pedestrian bridges across rivers and other barriers that are not connected to roads, railways and other roads), oil, gas, water and other pipelines designed to transport liquid and gaseous media, other similar structures.

Objects of cultural heritage. According to Article 3 of the Federal Law of June 25, 2002 No. 73-FZ “On Cultural Heritage Objects (Monuments of History and Culture) of the Peoples of the Russian Federation”, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation (hereinafter referred to as cultural heritage objects) include objects real estate with related works of painting, sculpture, arts and crafts, objects of science and technology and other objects of material culture that have arisen as a result of historical events, which are of value in terms of history, archeology, architecture, urban planning, art, science and techniques, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, true sources of information about the origin and development of culture. Cultural heritage objects, in accordance with this Federal Law, are divided into the following types: monuments and ensembles. And culture

Monuments of history and culture. In accordance with Article 3 of the Federal Law of June 25, 2002 No. 73-FZ “On Cultural Heritage Objects (Historical Monument) of the Peoples of the Russian Federation” (as amended by Federal Law No. 328-FZ of November 30, 2010), monuments are understood as individual buildings, buildings and buildings with historically established territories (including religious monuments: churches, bell towers, chapels, churches, churches, mosques, Buddhist temples, synagogues, prayer houses and other objects specially designed for worship); memorial apartments; mausoleums, individual burials; works of monumental art; objects of science and technology, including military ones; traces of human existence partially or completely hidden in the ground or under water, including all movable objects related to them, the main or one of the main sources of information about which are archaeological excavations or finds (hereinafter referred to as archaeological heritage objects).

Ensemble (as a monument of history and culture) – groups of isolated or combined monuments, buildings and structures of fortification, palace, residential, public, administrative, commercial, industrial, scientific, educational purposes, as well as monuments and structures of religious purpose (temple complexes, datsans, monasteries, farmsteads) clearly localized in historically developed territories ), including fragments of historical planning and development of settlements, which can be attributed to urban planning ensembles; works of landscape architecture and gardening art (gardens, parks, squares, boulevards), necropolises; places of interest - creations created by man, or joint creations of man and nature, including places of existence of folk art crafts; centers of historical settlements or fragments of urban planning and development; memorable places, cultural and natural landscapes associated with the history of the formation of peoples and other ethnic communities on the territory of the Russian Federation, historical (including military) events, the life of prominent historical figures; cultural layers, remains of buildings of ancient cities, settlements, settlements, parking lots; places of religious rites (Article 3 of the Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation").

Construction phase - construction of one of the capital construction objects, the construction of which is planned to be carried out on one land plot, if such an object can be put into operation and operated autonomously, that is, regardless of the construction of other capital construction objects, which can be put into operation and operated autonomously, that is regardless of the construction of other capital construction facilities on this land plot, as well as the construction of a part of the capital construction facility that can be put into operation and operated autonomously, that is, regardless of the construction of other parts of this capital construction facility (paragraph 4 of Article 8 of the Regulations on the composition of sections design documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, as amended on April 13, 2010).

Reconstruction of a capital construction facility (except for linear facilities) – changing the parameters of the capital construction object, its parts (height, number of floors, area, volume), including the superstructure, rebuilding, expansion of the capital construction object, as well as the replacement and (or) restoration of the supporting building structures of the capital construction object, with the exception of replacing individual elements of such structures to similar or other elements that improve the performance of such structures and (or) the restoration of these elements (part 14 of article 1 of the State Civil Code of the Russian Federation as amended by Federal Law No. 337-FZ of November 28, 2011).

Reconstruction of linear objects - change in the parameters of linear objects or their sections (parts), which entails a change in the class, category and (or) initially established indicators of the functioning of such objects (capacity, carrying capacity and others) or in which a change in the boundaries of right-of-way and (or) security zones is required such facilities (Clause 14.1 of the RF GSK as amended by Federal Law No. 215-FZ of July 18, 2011).

Overhaul of capital construction facilities (except for linear facilities) - this is the replacement and (or) restoration of building structures of capital construction objects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering and technical support systems and networks of engineering and technical support of capital construction objects or their elements, as well as replacement individual elements of load-bearing building structures to similar or other elements that improve the performance of such structures and (or) the restoration of these elements (clause 14.2 of the State Civil Code of the Russian Federation was introduced by Federal Law No. 215-FZ of July 18, 2011).

Overhaul of linear facilities - change in the parameters of linear objects or their sections (parts), which entails a change in the class, category and (or) the initial established indicators of the functioning of such objects and which does not require a change in the boundaries of the right of way and (or) security zones of such objects (clause 14.3 introduced Federal Law of July 18, 2011 No. 215-FZ).

Technical re-equipment and modernization of capital construction facilities. The term "technical re-equipment and modernization" means a set of measures to improve the technical and economic level of individual production shops and sections based on the introduction of advanced technology, mechanization and automation of production, modernization and replacement of obsolete and worn-out equipment with new, more productive (according to a letter from the State Planning Committee and Gosstroy of the USSR dated 05/08/1984 No. NB-36-D \ 23-D \ 144 \ 6-14).

A more extended concept of technical re-equipment is set out in the Encyclopedic Dictionary of Economics and Law - a set of measures to improve the technical and economic level of individual industries, workshops and sections based on the introduction of advanced equipment and technology, mechanization and automation of production, modernization and replacement of obsolete and physically worn out equipment with new ones, more productive, as well as to improve general plant facilities and support services. Technical re-equipment is carried out according to projects and estimates for individual facilities or types of work, developed on the basis of a single feasibility study and in accordance with a plan to improve the technical and economic level of the industry (sub-sector), as a rule, without expanding production areas. The purpose of the technical re-equipment of existing enterprises is: the intensification of production, the increase in production capacity and output, the improvement of its quality while ensuring the growth of labor productivity and the reduction of jobs, the reduction of material consumption and the cost of production, the saving of material and fuel and energy resources, in general, the improvement of other technical economic performance of the enterprise. During the technical re-equipment of existing enterprises, the following can be carried out: installing additional equipment and machines on existing production areas, introducing automated control and monitoring systems, using radio, television and other modern tools in production management, modernizing and technical reorganizing environmental facilities, heating and ventilation systems, connecting enterprises, workshops and installations to centralized sources of heat and electricity. At the same time, it is allowed to partially rebuild and expand existing industrial buildings and structures, due to the dimensions of the placed new equipment, and expand existing or build new utility and service facilities (for example, storage facilities, compressor, boiler, oxygen and other facilities), if this is associated with carried out measures for technical re-equipment.

Refurbishment and redevelopment of residential premises. The definition of these types of work is given in Part 1 of Article 25 of the Housing Code of the Russian Federation (Federal Law No. 188-FZ of December 29, 2004): making changes to the technical passport of a dwelling” (i.e., reorganization is, in fact, the replacement or transfer of engineering networks of a dwelling) and in part 2 of the same article: “Re-planning of a dwelling is a change in its configuration that requires a change in the technical passport residential premises” (that is, a change in the space-planning decisions of the residential premises).

The Town Planning Code does not contain the concepts of "reconstruction" and "re-planning" as a type of work related to capital construction projects. Nevertheless, very often design organizations carry out redevelopment projects (especially residential premises in order to transfer them to non-residential ones for commercial use). Do such projects have a legal basis?

From the point of view of the Town Planning Code - no, but from the point of view of the Housing Code of the Russian Federation (Federal Law of December 29, 2004 No. 188-FZ) , apparently, yes, since the whole chapter 4 of the said law is devoted to this type of work, and article 29 (clause 3 of part 2) the requirement is established that “in order to carry out the reorganization and (or) redevelopment of residential premises, the owner of this premises or a person authorized by him (hereinafter in this chapter - the applicant) submits<…> a project for the reorganization and (or) redevelopment of a rebuilt and (or) replanned residential premises prepared and executed in the prescribed manner» . It is extremely unclear what the established procedure for preparing a project is in the Housing Code, if the Urban Planning Code and other by-laws do not establish such a procedure.

The need for an examination of projects for reconstruction and redevelopment is not established by the legislation of the Russian Federation.

Technical regulation– legal regulation of relations in the field of establishing, applying and fulfilling mandatory requirements for products, production processes, operation, storage, transportation, sale and disposal, as well as in the field of establishing and applying on a voluntary basis requirements for products, production processes, operation, storage, transportation, sale and disposal, performance of work or provision of services and legal regulation of relations in the field of conformity assessment (paragraph 24 of Article 2 of the Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation").

Technical regulation– a document (normative legal act) that establishes mandatory for application to objects of technical regulation (products, including buildings, structures and structures, production processes, operation, storage, transportation, sale and disposal). The concept of technical regulation was introduced by Federal Law No. 184-FZ of December 27, 2002 “On Technical Regulation”.

Technical regulations are mandatory, but they can establish only the minimum necessary requirements in the field of safety, and they can be adopted only for certain purposes, namely:

protection of life and health of citizens, property of individuals and legal entities, state and municipal property;

protection of the environment, life or health of animals and plants;

prevention of actions that mislead purchasers;

ensuring energy efficiency.