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Explanation of the Ministry of Regional Development (no longer valid) but deserves attention.

The document has become invalid or cancelled.

<Письмо>Ministry of Regional Development of Russia dated June 21, 2012 N 15319-AP/08<Об отнесении сооружений к объектам капитального строительства>

MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

In connection with the appeal for clarification of legislation on urban planning activities by the Ministry of Regional Development of the Russian Federation within the framework of the exercise of powers to develop state policy and legal regulation in the field of construction, established by paragraphs 1 and 5.5 of the Regulations on the Ministry of Regional Development of the Russian Federation, approved by resolution of the Government of the Russian Federation dated January 26, 2005 N 40, the following is reported.
When considering the issue of classifying a specific structure as a capital construction project, it is necessary to take into account in each case its features, including technical characteristics, duration of use, connection with the ground (the possibility of free movement of these objects without causing disproportionate damage to their purpose).
In particular, communication structures that are not related to capital construction projects are:
1) towers on loaded supports (prefabricated communication structures in the form
supports installed on a monolithic slab cast directly on the ground (only the turf layer is removed) or on a prepared earthen area (the turf layer is removed, sand and gravel filling with compaction is made) with fastening with guy wires on loaded supports from prefabricated reinforced concrete structures);
2) prefabricated and collapsible engineering structures with bolted connections with a load-bearing part made in the form of a frame support, installed on a gravel/crushed stone backfill or concrete slabs, and loaded with foundation blocks;
3) masts, which are prefabricated engineering structures (lattice prisms), secured with guys, the number of which depends on the height of the mast, attached to concrete foundation blocks.
The listed structures do not have signs of capital, namely: there is no strong connection with the ground and no deep foundation; when constructing these objects, significant earthworks (digging pits) are not required; they are not connected to the area by utility networks for heating, hot/cold water supply, or sewerage.
The indicated communication structures are easily erected, prefabricated structures, for which repeated dismantling, moving to another location and subsequent installation are possible while maintaining the performance qualities and design characteristics of the structural elements, without loss of technical properties and technological functions.
According to Part 3 of Article 49, Clause 2 of Part 17 of Article 51 and Part 1 of Article 54 of the Town Planning Code of the Russian Federation, in the case of construction or reconstruction of objects that are not capital construction projects, the issuance of a building permit is not required, state examination and state construction supervision are not carried out.
We ask you to bring the position of the Ministry to the attention of state construction supervision authorities.

A.A.POPOV

Indentations must be observed taking into account fire safety standards, depending on the fire hazard class of your facility.

It is better to involve a specialist in the field of fire safety

Federal Law of July 22, 2008 N 123-FZ “Technical Regulations on Fire Safety Requirements” (as amended and supplemented)

Article 69. Fire distances between buildings, structures and forest areas (forest parks)

1. Fire distances between buildings, structures must ensure that fire does not spread to adjacent buildings and structures. It is allowed to reduce the fire distances specified in tables 12, , , , and appendices to this Federal Law from buildings, structures and technological installations to the adjacent protection objects when using fire barriers provided for in Article 37 of this Federal Law. In this case, the calculated value of fire risk should not exceed the permissible value of fire risk established by Article 93 of this Federal Law.

SP 4.13130.2013. General fire safety requirements

Your colleagues indicated the sanction to you. A fine for unauthorized construction if it is recognized that the construction of a hangar requires a building permit.

Another sanction is indicated in the example of judicial practice I cited - a claim for the demolition of an unauthorized building, again when the object is recognized as a permanent structure.

If you have any questions, you can ask them.

Sincerely! G.A. Kuraev

Art. 51 clause 17 of the Town Planning Code of the Russian Federation:

17. The issuance of a construction permit is not required in the following cases:

1) construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or dacha farming;

2) construction, reconstruction of objects that are not capital construction objects (kiosks, sheds and others);

3) construction of buildings and structures for auxiliary use on the land plot;

4) changes to capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety and do not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations;

4.1) major repairs of capital construction projects;

4.2) construction, reconstruction of boreholes provided for by a technical project for the development of mineral deposits or other project documentation for the performance of work related to the use of subsoil areas prepared, agreed upon and approved in accordance with the legislation of the Russian Federation on subsoil;

5) other cases, if in accordance with this Code, the legislation of the constituent entities of the Russian Federation on urban planning activities, obtaining a construction permit is not required.

Art. 1 of the Town Planning Code of the Russian Federation:

– a capital construction facility - a building, structure, structure, objects whose construction is not completed (hereinafter referred to as unfinished construction objects), with the exception of temporary buildings, kiosks, sheds and other similar structures.

Article 130 of the Civil Code of the Russian Federation. Immovable and movable things

1. Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished construction projects. Immovable property also includes aircraft and sea vessels, inland navigation vessels, and space objects subject to state registration. The law may classify other property as immovable property. 2. Things not related to real estate, including money and securities, are recognized as movable property. Registration of rights to movable things is not required, except in cases specified in the law.

Based on the above legal framework, when constructing a hangar that is a collapsible structure (in most cases we are talking about arched hangars) without a foundation, or with a lightweight foundation on piles, permission for its (hangar) construction is not required.

The construction of any buildings requires obtaining permits, but in the case of modular buildings, this stage allows you to get by with slightly less paperwork, which means it significantly saves your time and, more importantly, money. Sounds tempting, doesn't it? Let's quickly figure out where these benefits come from and how you can take advantage of them. As in everything related to construction activities, here we will need the Town Planning Code of the Russian Federation. Let's start with it.

Benefits of modular construction

The construction of mobile buildings does not require a state examination (this is true for any buildings whose area does not exceed 1500 sq. m). To build a building on any site, documents confirming ownership of it are required. According to the Civil Code (Article 263, paragraph 1), the owner can carry out construction, reconstruction, or demolition of buildings on his site (he can also give permission to other persons for such work).

It is worth considering that there are restrictions on the use of the site. Land legislation divides lands into categories according to their intended use. Violation of this clause entails unpleasant consequences for the owner. Capital buildings are permitted to be erected only if a building permit is available. Modular buildings that do not have a foundation and do not require the construction of enclosing and load-bearing structures do not belong to the category of permanent buildings. According to the Town Planning Code of the Russian Federation (Article 51, clause 17), there is no need to obtain a permit for such construction.

Mandatory minimum documents

One of the main documents is the architectural project. Design begins if the customer has the legal right to develop this particular site (ownership rights or permits from the owner).

All documents (building plan, architectural solution, design plan for reinforced concrete and metal structures) must be drawn up taking into account the legislation and engineering and technical requirements in force in the Russian Federation.

The production of a prefabricated structure begins after the following package of documents has been collected:

• Certificate of right to use the site;
• Draft draft;
• Project approval - permitting documents are issued by authorities supervising compliance with standards (environmental, fire, sanitary);
• Architectural solution (AR);
• Technical conditions for making engineering connections;
• Projects for reinforced concrete and metal structures (KZh and KM).

Specifications requiring approval by the relevant authorities (at the regional level):

• Conducting communication systems (cold and hot water supply, electricity, gas, sewerage, heating);
• Creation of reclamation systems;
• Landscaping of the area adjacent to the construction and removal of waste from the territory.

Authorities to contact:

• Sanitary epidemiology;
• Fire Safety Inspectorate;
• Supervision of AR (architectural solution);
• Geodesy Service.

Components for modular buildings are manufactured in accordance with the architectural design. The basis is projects on CM and QOL.

Our modular technologies

We apply the most modern approaches in the field of construction of prefabricated structures. We offer both ready-made solutions and develop individual projects.

Today, almost any production cannot do without its own warehouse, therefore, it is a rather popular event. Warehouses are classified as prefabricated facilities, but not everything is as simple as it seems at first glance! In order to begin construction work, you need to put a lot of effort into collecting a huge number of documents in order to obtain permission to build a warehouse. Registration of permits in our country has always been an expensive and time-consuming procedure, which, moreover, in the process of implementation forces you to deal with a lot of bureaucratic schemes and “freezes”.

But, if the construction process is inevitable, then first of all you face the need to obtain permission to build a warehouse in order to avoid possible problems with the law. In the process of obtaining a permit, you need to prepare the following list of documents for submission to the relevant government authorities:

• - land lease agreement or certificate of ownership of a land plot, the intended purpose of which is construction;
• - project of the future structure (sketches);
• - technical and economic calculation substantiating the feasibility of building a future warehouse;
• - developed and agreed upon working design;
• - statement from the developer.

After submitting documents to all the necessary authorities, the whole hectic process of obtaining a building permit does not end. Initially, the regional council or city council must make a decision on the location of the facility, in this case a warehouse, in a certain area, after which the application will be submitted for approval.

After 3-4 months, after full agreement with the sanitary and epidemiological service, fire and environmental inspection, land resources department and other services, the applicant receives permission to build a warehouse.

In some cases, the developer may receive a refusal, which must be justified by compelling reasons, such as:

• - the development will violate the architectural style of a certain area;
• - the development will not comply with established sanitary standards, etc.

In any case, the developer may be offered an alternative option of constructing a building in another location or changing the technical characteristics and parameters of the future object.

It is not uncommon in practice to encounter another “pitfall” of the state bureaucracy, not knowing at all that the above approval is only a preliminary stage on the path to construction, and in order to approve the design documentation, the approval is repeated and it is not a fact that the final decision will not be made go against the first order.

“Is it necessary to obtain permission to build a warehouse, or can we do without it?”

Of course, having your own piece of land, you can build anything on it, but this does not mean that you will not have to answer for your improvident act in the future!

Just last year, the country’s budget was successfully replenished through various fines in connection with unauthorized construction, and their amount continues to grow every day. Absolutely all persons who violate the requirements and applicable provisions of the law during the operation of buildings, including warehouses, pay.

Legal liability arises immediately after the construction of an illegal building, in the form of:

• - fine;
• -criminal liability (unauthorized occupation of land);
• - court orders to demolish the warehouse;
• - prohibition on connecting communications to the building;
• - refusal to register ownership of the warehouse due to the lack of a construction permit.

It is precisely due to the refusal to register property rights that the developer cannot use the building for its intended purpose. A person who has built a warehouse without permission is not officially its owner, because he does not have the necessary documentation, and he cannot dispose of, donate, or rent out “his” warehouse.

If a person who plans to build a warehouse has not received a construction permit at all, then it is no secret that this is a direct violation of the law, and he cannot avoid responsibility.

But what if the developer did not formalize anything, did not submit documents to government agencies and did not receive any construction permit, and the warehouse has already been built?

How to avoid liability for building a warehouse without permission?

Probably the most severe punishment for building without a permit is criminal liability. But you shouldn’t take everything so literally; when introducing criminal preventive measures, the legislator had in mind a crude and outright seizure of land without a single legal right to do so. Therefore, if the developer, designer, owner of the building has a document that confirms ownership of the land, or at least a certificate that is a firm basis for registration of ownership, criminal liability does not apply to him.

The only and correct solution in the case of unauthorized construction is to legalize it in order to avoid demolition.

If you nevertheless decide to go through the procedure of legalizing the construction of a warehouse, you will have to apply to the court for help, having with you:

• - certificate (conclusion) on the compliance of the structure with building regulations;
• - a certificate from the sanitary-epidemiological station;
• - certificate from the fire inspection;
• - title documents for the land plot;
• - BTI plan;
• - act of boundaries of a land plot.

After all the documentation has been collected, you can file a claim with the court at the place of construction. The plaintiff can name the owner of the warehouse, and the defendant can be the city or district administration. If the court decision is made in your favor, you need to contact the state registration authorities to register ownership of the building.

The construction of hangars allows you to solve most of the tasks, without large financial costs (for example, the construction of a frameless hangar does not require large financial investments, you can find out about the cost). Before starting construction work, a natural question remains to be resolved: “When constructing a light building such as a hangar, is it necessary to obtain permission for construction, if so, which one?”

Is it required to obtain a permit for the construction of a hangar under the legislation of the Russian Federation?

Article 51 of the Civil Code of the Russian Federation states that obtaining permits for construction is necessary in cases where it affects other objects existing on the site. If the integrity of surrounding buildings is compromised and there is a threat of collapse and danger to people, then a permit is required. Exceptions are specified there. The same article defines cases when permits are not required. This is if the hangar cannot be classified as a permanent building. Temporary, collapsible, mobile buildings are just like this. In most cases, these are awnings, kiosks, etc.

When is a permit required to build a hangar?

The legislation evaluates objects from the point of view of belonging to real estate. If there is a causal connection with the land on which the structure is erected, then it belongs to the category of real estate. This means permission will be required. The determining factor for establishing communication is the inability to move the object without causing damage.

In fact, the presence of a foundation, its type, the presence of communication lines connected to the object, as well as the presence of utilities are considered:

• water supply;
• sewerage;
• centralized heating;
• laying a fixed power line.

Based on the above characteristics, it is established that the object belongs to the category of real estate. In this case, permission is required. And if we are building a temporary hangar, is it necessary to obtain a construction permit?

Is it necessary to obtain a building permit if the hangar serves as a temporary technical building?

If the hangar structure is installed as a temporary facility (at a construction site, for agricultural purposes for harvesting, and so on), then permission will not be required even if there are signs of real estate. It is important that the technical documentation indicates the possibility of dismantling the hangar for subsequent installation.

What is required for legal installation of a hangar

Most cases involve permanent installation for production purposes. In this case, it is necessary to obtain permits. Their complete list consists of:

• documents on ownership or lease of land indicating the intended purpose - development;
• design documentation for the hangar;
• economic feasibility study for construction;
• project indicating the location and area occupied by the hangar;
• statement from the owner of the structure being constructed.

The authorities that issue permits are city and regional councils. The above documents are submitted there. Next comes coordination. If no legitimate reasons or grounds for refusal are identified, permission will be issued.

Can they refuse?

The answer is yes, yes they can. A legal right is granted if there are objective reasons, and the construction of a structure contradicts the current legislation of the Russian Federation.

There are many reasons for refusal. The most common problems encountered are:

1. The construction of a hangar by its appearance and location violates the architecture and landscape of the surrounding area, thereby disfiguring the city within its borders.
2. The design documentation does not provide for sufficient safety in environmental issues, sanitary standards, fire safety, and so on.
3. Inability to carry out construction due to the presence of poor soils (quicksands, subsidence, etc.), as well as when the depth of groundwater does not allow it.
4. Other reasons.

What to do if permission to build a hangar has not been issued

The legislation does not oblige government agencies to indicate the reasons for making such a decision. But the developer must be offered an alternative option. These could be:

• making changes to engineering and technical documentation in order to finalize the requirements specified by the government agency to full compliance with fire safety, sanitary standards, and so on;
• reducing the overall dimensions of the hangar in length or height;
• reducing the weight of the structure by installing a less powerful foundation and eliminating large dimensions.

When the refusal is unmotivated and no alternative proposal has been received, it is necessary to immediately file a claim in court. Such cases are considered by regional arbitration courts.

Settle all issues with regulatory authorities for our clients. By taking on all the hassle associated with town planning and other bureaucratic organizations, we help save you time, money and nerves. Our managers and lawyers will quickly and efficiently prepare all documents, and we will be able to quickly move from the preparatory stage to construction. By purchasing a hangar from our company, you will receive a high-quality and reliable structure, and we will take care of all the worries!