Town Planning Code General Plan

When buying a country property, a person seriously studies the documents, compares the pictures on the general plan and the situation on the ground, and very often thinks that this picture will soon turn into reality... But it turns out that everything can change, and the residents of the village will not be able to influence for the developer

Svetlana, a resident of one of the cottage villages along the Yaroslavskoye Highway, approached the choice of a suburban place of residence responsibly. She had two boys growing up, so the ecology of the area and the presence of a comfortable recreation area for children were a prerequisite. Since the project was in the construction stage, the general plan served as a guide. From beautiful picture It was impossible to take your eyes off: next to the picturesque pond there were tennis courts, a well-equipped children's playground, a beach and a recreation area. It was planned to build in the village kindergarten, an administrative building with a hotel and a store. A serious argument in favor of choice was the fact that the owner construction company also built a house in the village for his family. The deal was completed.

But the objects reflected in the general plan appeared several years after Svetlana’s family moved to their permanent place of residence and did not last long. Tennis courts turned out to be unprofitable to maintain. The kindergarten was not opened at all, or rather, one of the residents of the village sheltered the mini-group in her house. The first children's playground in the village was also built by a resident of the village - a caring father - and at his own expense. What was envisioned and is functioning today is an administrative building with a mini-hotel and a store.

As Svetlana explained, the village residents would have come to terms with reality, if not for one thing. The developer made a change to the general plan and, instead of housing, built several warehouse hangars on the still undeveloped territory and rents them out to various companies. The situation is aggravated by the fact that the industrial zone and the residential area do not have permanent fencing and now residential buildings and industrial buildings are separated only by boxes of houses under construction. There was no talk at all about coordinating changes in the project with the residents of the village. But the entrepreneur settled everything with the local administration and received. Nowadays, with irony, we can say that everything is “fair” in the village - the developer receives money - the warehouses are not empty, production is functioning, and the residents of the village swallow dust, stir up dirt and suffer from the noise from trucks cruising to the hangars.

Infrastructure according to the rules

The story we just told is clearly wrong. How should life outside the city ideally be structured from an infrastructure point of view? And another question - how can residents influence this?

The fact that life outside the city includes many advantages is unlikely to be disputed by anyone. But so that a family does not feel like they are on a desert island far from a city apartment, comfortable conditions are necessary. Developers building houses in the Moscow region and nearby areas have understood all this well, so In addition to housing, the projects include the construction of all necessary infrastructure. According to Alexey Kudryavtsev, Marketing Director of the Volzhskie Dachi Management Company, if developers care about the future comfort of buyers in the villages, especially if it is not “one hundred percent economy for 500 plots in a “noodle” slice,” the territory will provide zones for shopping, recreational, sports infrastructure. And if a village aspires to status, it cannot do without objects Catering, medical, health or wellness institutions, mini-hotels. The imagination of developers is often expressed in the appearance of specific objects: a bakery, a brewery, a zoo, an ostrich farm, a “fisherman’s house”, etc. Such objects become the main attraction of the village, its distinctive feature. “In practice, no more than 20% of the territory is allocated for public zones in ordinary villages, 10% of which are roads, junctions and parking lots,” the expert clarifies.

If a developer wants to diversify the set of infrastructure facilities, he can, for example, build an artificial pond or plant a garden with fruit trees. “In our business-class cottage village Privolye, 110 km from the Moscow Ring Road along the Simferopol Highway, there is a beach with a guarded berth for storing boats and yachts, a summer cafe and gazebos surrounded by a pine forest, as well as fountains with a landscaped recreation area,” says Alexander Kovalenko, commercial director of Uniparx Service. - In addition, there will be a club house, which will become a central place for communication and recreation for residents of the village - with a restaurant, billiards, living rooms, a business center, as well as a children's club with game room and children's playgrounds."

Andrey Ignatov, CEO of Estate Investments, told us about infrastructure residential complex"Dubna River Club", which is located in the resort area of the Moscow Sea on the banks of the Dubna River. On the territory of the village there are large walking areas, children's and sports grounds, a central pedestrian boulevard with access to the embankment, and near the water on an area of more than 4 hectares there is a landscaped park area with a beach. The common area occupies at least 35% of the total development area. At the entrance to the complex there is a building with shops, cafes and a fitness center.

The area of the public zone is largely determined by the status of the village- the larger it is, the higher the status. But as Vladimir Yakhontov, Managing Partner of MIEL-Country Real Estate, noted, to save money, developers sometimes reduce public areas by up to 15% of total area plot, but this is wrong - after all, in addition to their own land plots and roads in the village there must be at least a place for walking. In high-status and expensive villages, public areas even have parks with fountains and lakes, not to mention fitness centers and beauty salons. And in townhouse villages public areas can reach up to 50% of the total area of the village - due to the fact that their own plots of land are small.

According to Alexander Dubovenko, development director of the GUD WOOD company, in economy class villages “public areas, including roads” occupy 15-20%, in business class - 25-30%, and in elite class - no longer limited and can reach up to 50-60%.

Ilya Sapunov, general director of the Krasivaya Zemlya company, believes that if a village occupies approximately 100 hectares, then 40-50 acres are allocated for a public area. Sports and children's playgrounds, shops, sales offices, gazebos, and parks can be built on this site. And this ratio remains in almost all of the company’s villages. Additionally, the Sosnovy Bor-2 village has tennis courts. In the village of Sosnovy Aromat, it is planned to create a small artificial pond in the public area.

How many times can the master plan be changed?

Experts claim that in the villages built by their companies, everything will be in at its best. Moreover, all objects are reflected in the general plan of the village. As Samir Jafarov, commercial director of 11 Invest (investor of the Baden Hills village), explained, general plan- This official document, made according to established rules, which includes a certain set of drawings for all SNiPs, norms, rules and GOSTs. This document goes for approval to the architectural or town planning council. According to this document, the construction of the village is underway, taking into account all planning solutions, engineering, communications, etc.

But failure to comply with the previously presented master plan is not Svetlana’s special case. Unfortunately, after settling in, residents of many villages did not find many of the objects reflected in the general plans in their villages.

As Vladimir Yakhontov explained (“MIEL-Country Real Estate”), correction of the general plan during the construction process is a common occurrence. The first correction occurs as communications are laid, and then as construction progresses. Andrey Ignatov (Estate Investments) confirmed that in the Dubna River Club project, during the development stage, minor adjustments were made to the entrance group and the parking areas for small apartment buildings were increased. Samir Jafarov (11 Invest) also noted that, if necessary, the developer can make reasonable changes to the general development plan, which will also require additional approvals from the administration. If the adjustments are agreed upon, there is nothing illegal in them, agrees Alexey Kudryavtsev (Volzhskie Dacha Management Company).

Experts are inclined to believe that more often significant changes appear in villages without a contract. “The general plan in them is conditional,” says Alexander Dubovenko (GOOD WOOD). After a certain “developer” sells all the plots, he will not build anything. The expert believes that the would-be developer will make the following argument: “Who promised that everything shown on the general plan would be built at the expense of the developer? Be grateful that we left these plots unsold. Chip in and build!”

Alexander Kovalenko (Uniparx Service) confirms that even in villages with contracting, a situation is quite possible when, for example, initially a public zone of 2-3 hectares was planned in the center of the village, and then the developer decided to “cut” some part of it into plots and sell out. There are cases when a public area is moved from one place to another or some objects that were planned to be built earlier are abandoned.

Andrey Ignatov (“Estate Investments”) believes that correction of a previously presented general plan is not always a bad thing, since there are examples when the general plan changes for the better, clear zoning appears and improvement areas increase, thus the village acquires additional advantages in the eyes of future residents. “If the adjustment is carried out by the developer in order to solve their own problems or increase the built-up area, then this is a significant disadvantage for property buyers in this village,” the expert admits.

I do what I want!

Of course, it happens that the developer is not to blame for changing the general plan. Many companies follow previously developed concepts and adhere to master plans and build the necessary infrastructure. But after some time it stops functioning. And as the main character of our story has already noted, this happens for reasons beyond the control of the developer. In many villages, it is simply not economically feasible to have your own kindergarten or school, maintain tennis courts, or maintain a spa or bath complex. But what to do when, for example, an industrial zone or some other object appears in the village, which in the minds of the residents is poorly associated with quiet country life? Can village residents demand that the developer comply with the general plan developed and presented at the time of sale?

Andrey Ignatov, CEO of Estate Investments:

It is necessary to demand, but it is almost impossible to legally influence the process of compliance with the development plan according to the general plan. It is much more important to track the progress of work on construction site, i.e. how the developer implements what was planned and beautifully drawn on the general plan. A normal developer is always interested in the high-quality implementation of his ideas, and therefore tries to comply with the approved concept for the development of the site. And if it introduces changes, then only those that lead to an increase in the attractiveness of the overall development.

Alexey Kudryavtsev, Marketing Director of Volzhskie Dacha Management Company:

For all problematic cases, buyers can be given one piece of advice: read the contract! The list of infrastructure facilities must be specified in the contract along with the timing of their commissioning. Infrastructure facilities can be built by the developer himself and be considered as a separate business, or not considered as such and perceived as some kind of burden. Also, external operators can be invited to construct and operate infrastructure facilities, and the developer himself participates in such projects with land and communications. The two above approaches differ in that in the first, the developer offers buyers a coherent and well-developed product, a village where it will be comfortable to live and relax, but in the second, the short-term commercial interest of the developer can reduce the attractiveness of the village and the comfort of living in it.

Vladimir Yakhontov, managing partner of MIEL-Country Real Estate:

Buyers cannot demand that the developer comply with the general plan that they have seen - the fact is that in the purchase and sale agreement, the object of sale is the house and the plot, and not the entire village. In general, the general plan is usually observed - simply because failure to comply with it is a serious blow to the reputation of the builder and developer. If, for example, a school appeared in the general plan, but it was not built, but in pursuit of profit, a couple of houses were built on this site - this is a minus for the developer.

Alexander Dubovenko, development director of GUD WOOD:

Naturally, residents cannot demand anything. Our advice is to study the reputation of the builder and developer. If he cares about his reputation, then all promises will be fulfilled. If the developer is not professional, then it is quite possible that he will not fulfill his promises. And not because he is a fraudster, but because he did not correctly calculate the economics of the project and construction social infrastructure It will be unprofitable for him.

Nailya Borodina, project manager for the Suburb “Western Valley” of the company “Country Project”:

Buyers have the right to demand from the developer what the latter promised him when selling the site and the property. But all this must be reflected in the contract.

Alexey Averyanov, CEO of Vesco Consulting:

The best guarantee of compliance with the developed master plan is its approval by the district administration as part of the approval of the “Cottage Village Planning Project”. But not all developers go through this procedure. And if adjusting the configuration of private landholdings is not critical for the buyer, then the absence of fire reservoirs and declared infrastructure facilities in the village after its commissioning is a truly significant problem for future owners.

Alexander Kovalenko, commercial director of Uniparx Service:

According to the agreement concluded between the seller and the buyer, the latter receives ownership only of the plot. Public area is not the property of the buyer, so the seller has the right to change it at his own discretion. In this case, the buyer can only hope for the seller’s integrity. In order not to be among those deceived, it is necessary to collect information about the developer in advance, read forums, get acquainted with its completed projects, make inquiries from the village residents about how satisfied they are with the actions of the developer, and only then make a decision to purchase.

Another option is to buy a plot in a ready-made village, where houses and infrastructure have already been built.

1. The master plan of a settlement, the master plan of a city district, including amendments to such plans, are approved accordingly by the representative body of local self-government of the settlement, the representative body of local self-government of the city district.

2. The decision to prepare a draft master plan, as well as decisions to prepare proposals to amend the master plan, are taken respectively by the head of the local administration of the settlement, the head of the local administration of the city district.

3. The preparation of the draft master plan is carried out in accordance with the requirements of Article 9 of this Code and taking into account regional and local standards for urban planning, the results of public hearings on the draft master plan, as well as taking into account proposals from interested parties.

4 - 6. Lost force.

7. If there are cultural heritage objects in the territories of a settlement or urban district, in the process of preparing master plans, restrictions on the use of land plots and capital construction projects located within the boundaries of protection zones of cultural heritage objects must be taken into account, in accordance with the law Russian Federation on the protection of cultural heritage objects and Article 27 of this Code.

8. Before its approval, the draft master plan is subject, in accordance with Article 25 of this Code, to mandatory approval in the manner established by the federal body authorized by the Government of the Russian Federation executive power.

9. Lost power.

10. Interested parties have the right to submit their proposals on the draft master plan.

11. The draft master plan is subject to mandatory consideration at public hearings held in accordance with Article 28 of this Code.

12. Minutes of public hearings on the draft master plan, the conclusion on the results of such public hearings are a mandatory appendix to the draft master plan, sent by the head of the local administration of the settlement, the head of the local administration of the urban district, respectively, to the representative body of local government of the settlement, the representative body of local government of the urban district.

13. The representative body of local self-government of the settlement, the representative body of local self-government of the urban district, taking into account the protocols of public hearings on the draft master plan and the conclusion on the results of such public hearings, make a decision to approve the master plan or to reject the draft master plan and send it, respectively, to the head of the local administration settlement, the head of the local administration of the city district for revision in accordance with the specified protocols and conclusion.

14. Lost power.

15. Rights holders of land plots and capital construction projects, if their rights and legitimate interests are violated or may be violated as a result of the approval of the master plan, have the right to challenge the master plan in judicial procedure.

16. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, interested individuals and legal entities has the right to contact the head of the local administration of the settlement, the head of the local administration of the city district with proposals to make changes to the master plan.

17. Amendments to the master plan are carried out in accordance with this article and articles 9 and 25 of this Code.

18. Amendments to the master plan providing for changes in boundaries settlements for the purposes of housing construction or determination of recreational zones, is carried out without holding public hearings.

Town Planning Code of the Russian Federation (GrK RF) Chapter 3. Territorial planning Article 24 GrK RF. Preparation and approval of a master plan for a settlement, a master plan for an urban district

3. The preparation of the draft master plan is carried out in accordance with the requirements of Article 9 of this Code and taking into account regional and (or) local standards for urban planning, the results of public hearings on the draft master plan, as well as taking into account proposals from interested parties.

4. Regional and local urban planning standards contain minimum calculated indicators for ensuring favorable conditions human life (including social and municipal facilities, accessibility of such facilities for the population (including disabled people), engineering facilities, transport infrastructure, landscaping).

5. The approval of regional standards for urban planning is carried out taking into account the characteristics of settlements and urban districts within the boundaries of a constituent entity of the Russian Federation. The composition, procedure for preparation and approval of regional standards for urban planning are established by the legislation of the constituent entities of the Russian Federation, taking into account the provisions of Part 5.1 of this article.

5.1. The draft regional standards for urban planning must be posted on the official website of the constituent entity of the Russian Federation at least two months before their approval. Regional standards for urban planning are approved by the state authority of the constituent entity of the Russian Federation, taking into account proposals from local governments municipalities located within the borders of such a subject of the Russian Federation.

6. The approval of local standards for urban planning is carried out taking into account the characteristics of settlements within the boundaries of municipalities and intersettlement territories. The composition, procedure for preparation and approval of local standards for urban planning are established by regulatory legal acts of local government bodies. It is not allowed to approve local standards for urban planning that contain minimum calculated indicators for ensuring favorable conditions for human life that are lower than the calculated indicators for ensuring favorable conditions for human life contained in regional standards for urban design.

7. If there are cultural heritage sites on the territory of a settlement or urban district, in the process of preparing master plans, restrictions on the use of land plots and capital construction projects located within the boundaries of cultural heritage protection zones must be taken into account in accordance with the legislation of the Russian Federation on the protection of cultural heritage sites heritage and Article 27 of this Code.

8. Before its approval, the draft master plan is subject, in accordance with Article 25 of this Code, to mandatory approval in the manner established by the federal executive body authorized by the Government of the Russian Federation.

9. Lost power.

10. Interested parties have the right to submit their proposals on the draft master plan.

11. The draft master plan is subject to mandatory consideration at public hearings held in accordance with Article 28 of this Code.

14. Lost power.

16. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, interested individuals and legal entities have the right to contact the head of the local administration of the settlement, the head of the local administration of the city district with proposals to make changes to the master plan.

17. Amendments to the master plan are carried out in accordance with this article and articles 9 and 25 of this Code.

18. Amendments to the master plan that provide for changing the boundaries of settlements for the purposes of housing construction or defining recreational zones are carried out without holding public hearings.