FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 3, 2018 No. 340-FZ

About introduction of amendments to the Town-planning code of the Russian Federation and separate legal acts of the Russian Federation

Accepted by the State Duma on July 26, 2018

Approved by the Federation Council on July 28, 2018

Article 1

Bring in the Town-planning code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 16; No. 30, Art. 3128; 2006, No. 1, Art. 10, 21; No. 23, Art. 2380; No. 31, Art. 3442; No. 50, Art. 5279; No. 52, Art. 5498; 2007, No. 1, Art. 21; No. 21, Art. 2455; No. 31, Art. 4012; No. 45, Art. 5417; No. 46, Art. 5553; No. 50, Art. 6237; 2008, No. 20, Art. 2251, 2260; No. 29, Art. 3418; No. 30, Art. 3604, 3616; No. 52, Art. 6236; 2009, No. 1, Art. 17; No. 29, Art. 3601; No. 48, Art. 5711; No. 52, Art. 6419; 2010, No. 31, Art. 4195, 4209; No. 48, Art. 6246; No. 49, Art. 6410; 2011, No. 13, Art. 1688; No. 17, Art. 2310; No. 27, Art. 3880; No. 29, Art. 4281, 4291; No. 30, Art. 4563, 4572, 4590, 4591, 4594, 4605; No. 49, Art. 7015, 7042; No. 50, Art. 7343; 2012, No. 26, Art. 3446; No. 30, Art. 4171; No. 31, Art. 4322; No. 47, Art. 6390; No. 53, Art. 7614, 7619, 7643; 2013, No. 9, Art. 873, 874; No. 14, Art. 1651; No. 23, Art. 2871; No. 27, Art. 3477, 3480; No. 30, Art. 4040, 4080; No. 43, Art. 5452; No. 52, Art. 6961, 6983; 2014, No. 14, Art. 1557; No. 16, Art. 1837; No. 19, Art. 2336; No. 26, Art. 3377, 3386, 3387; No. 30, Art. 4218, 4220, 4225; No. 42, Art. 5615; No. 43, Art. 5799, 5804; No. 48, Art. 6640; 2015, No. 1, Art. 9, 11, 38, 52, 72, 86; No. 17, Art. 2477; No. 27, Art. 3967; No. 29, Art. 4339, 4342, 4350, 4378, 4389; №48, of Art. 6705; 2016, No. 1, Art. 22, 79; No. 26, Art. 3867; No. 27, Art. 4248, 4294, 4301, 4302, 4303, 4304, 4305, 4306; No. 52, Art. 7494; 2017, No. 11, Art. 1540; No. 25, Art. 3595; No. 27, Art. 3932; No. 31, Art. 4740, 4766, 4767, 4771, 4829; 2018, No. 1, Art. 26, 27, 39, 47, 90, 91; No. 18, Art. 2559) following changes:

1) in Article 1:

a) to add Item 1 after the word "reconstruction" with the word", demolition";

b) add with Item 14.4 of the following content:

"14. 4) asset demolition of capital construction - liquidation of capital construction project by its destruction (except for destructions owing to the natural phenomena or illegal actions of the third parties), disassemblies and (or) dismantle of capital construction project, including its parts;";

c) Item 16 after the words "capital repairs" to add with the word", demolition";

d) in Item 17 of the word of "capital repairs of objects" shall be replaced with words "capital repairs, demolition of objects", after the words "capital repairs" to add with the word", demolition", after words "capital repairs" to add with the word", demolition";

e) in Item 22 after words "capital repairs" to add with the word", demolition", after the words "capital repairs" to add with the word", demolition", after words of "capital repairs" to add with the word", demolition", "part 2.2 of Article 52" shall be replaced with words words "parts 2.1 and 2.2 of Article 52, parts 5 and 6 of Article 55.31";

e) to add Item 30 after words of "capital repairs" with the word", demolition";

g) add with Item 39 of the following content:

"39) object of individual housing construction - the separate building with the number of elevated floors no more than three, no more than twenty meters high which consists of rooms and rooms of auxiliary use intended for satisfaction with citizens of the domestic and other needs connected with their accommodation in such building and is not intended for the Section on independent real estate objects. The concepts "object of individual housing construction", "apartment house" and "individual apartment house" are applied in this Code, other Federal Laws and other regulatory legal acts of the Russian Federation in one value if other is not provided by such Federal Laws and regulatory legal acts of the Russian Federation. At the same time the parameters set to objects of individual housing construction by this Code equally are applied to apartment houses, individual apartment houses if other is not provided by such Federal Laws and regulatory legal acts of the Russian Federation.";

2) in Article 4:

a) part 1 after words to "capital repairs" to add with the word to "demolition";

b) part 2 after words "buildings, constructions," to add with words "demolition of capital construction projects,";

c) to add part 4 after words of "capital repairs" with the word", demolition";

Article 7 to add 3) with Item 7 of the following content:

"7) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses in the cases provided by this Code.";

4) in Article 8:

a) in part 1:

in Item 5 of the word", capital repairs" to exclude;

add with Item 5.1 of the following content:

"5. 1) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses on the parcels of land located in the territories of settlements;";

add with Item 11 of the following content:

"11) decision making about demolition of unauthorized construction or the decision on demolition of unauthorized construction or its reduction in compliance with extreme parameters of the permitted construction, reconstruction of capital construction projects, statutory rules of land use and building, documentation on the layout of the territory, or the mandatory requirements to parameters of capital construction projects established by this Code, other Federal Laws (further - reduction in compliance with the established requirements), in the cases provided by the civil legislation, implementation of demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by this Code.";

b) in part 2:

in Item 5 of the word", capital repairs" to exclude;

add with Item 5.1 of the following content:

"5. 1) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses on the parcels of land located in the corresponding mezhselenny territories;";

add with Item 7 of the following content:

"7) decision making about demolition of unauthorized construction or the decision on demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by the civil legislation, implementation of demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by this Code.";

c) in part 3:

in Item 5 of the word", capital repairs" to exclude;

add with Item 5.1 of the following content:

"5. 1) the direction of notifications, stipulated in Item 2 parts 7, Item 3 of part 8 of Article 51.1 and Item 5 of part 19 of article 55 of this Code, when implementing construction, reconstruction of objects of individual housing construction, garden houses on the parcels of land located in the territories of city districts;";

add with Item 12 of the following content:

"12) decision making about demolition of unauthorized construction or the decision on demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by the civil legislation, implementation of demolition of unauthorized construction or its reduction in compliance with the established requirements in the cases provided by this Code.";

Article 33 to add 5) with part 7 of the following content:

"7. From the date of receipt in local government body of the notification on identification of unauthorized construction from the executive body of the government, the official, public institution or local government body specified regarding the 2nd Article 55.32 of this Code entering into rules of land use and building of the changes providing establishment in relation to territorial zone in which borders such construction, type of the permitted use of the parcels of land and capital construction projects, extreme parameters of the permitted construction, reconstruction of capital construction projects to which there correspond the type of the permitted use and parameters of such construction, before its demolition or reduction in compliance with the established requirements, except as specified, is located if by results of consideration of this notification by local government body in executive body of the government is not allowed to the official, the notification that availability of signs of unauthorized construction is not seen is sent to public institution or to local government body which are specified regarding the 2nd Article 55.32 of this Code and from which this notification arrived or the judgment about refusal in satisfaction of claims about demolition of unauthorized construction or its reduction in compliance with the established requirements took legal effect.";

6) in Article 35:

a) in part 2:

to add Item 2 after the word "buildings" with words "individual apartment houses and", to add with words of "the blocked building";

add Item 3 with words "the blocked building and apartment houses";

in item 4 "residential" to replace the word with the word "apartment";

b) part 6 after the words "apartment houses" to add with the words "apartment houses of the blocked building, apartment houses";

7) Article 39 to add with part 11.1 following of content:

"11.1. From the date of receipt in local government body of the notification on identification of unauthorized construction from the executive body of the government, the official, public institution or local government body specified regarding the 2nd Article 55.32 of this Code provision of permission to conditionally permitted type of use in respect of the parcel of land on which such construction is located, or concerning such construction before its demolition or reduction in compliance with the established requirements, except as specified, is not allowed if by results of consideration of this notification by local government body in executive body of the government, to the official, the notification on that is sent to public institution or local government body which are specified regarding the 2nd Article 55.32 of this Code and from which this notification arrived, that availability of signs of unauthorized construction is not seen or the judgment about refusal in satisfaction of claims about demolition of unauthorized construction or its reduction in compliance with the established requirements took legal effect.";

To add Article 40 with part 6.1 following of content:

"6.1. From the date of receipt in local government body of the notification on identification of unauthorized construction from the executive body of the government, the official, public institution or local government body specified regarding the 2nd Article 55.32 of this Code provision of permission to variation from extreme parameters of the permitted construction, reconstruction of capital construction projects concerning the parcel of land on which such construction is located, before its demolition or reduction in compliance with the established requirements, except as specified, is not allowed if by results of consideration of this notification by local government body in executive body of the government, to the official, the notification on that is sent to public institution or local government body which are specified regarding the 2nd Article 55.32 of this Code and from which this notification arrived, that availability of signs of unauthorized construction is not seen or the judgment about refusal in satisfaction of claims about demolition of unauthorized construction or its reduction in compliance with the established requirements took legal effect.";

9) in Article 48:

a) state part 3 in the following edition:

"3. Implementation of preparation of the project documentation is not required in case of construction, reconstruction of object of individual housing construction, the garden house. The builder has on own initiative the right to provide preparation of the project documentation in relation to object of individual housing construction, the garden house.";

b) in part 12:

in Item 7 of the word "or to dismantle" and the word "or dismantle" to exclude;

Item 11 after the words "capital repairs" to add with the word", demolition";

10) in Article 49:

a) in part 2:

state Item 1 in the following edition:

"1) objects of individual housing construction, garden houses;";

declare Item 3 invalid;

b) regarding 2.1 words "in part 2" shall be replaced with words "in Items 2 - 6 parts 2", to replace words of "objects of pipeline transport" with the word of "pipelines";

c) add with part 2.2 following of content:

"2.2. If the capital construction projects specified in items 4 and 5 parts 2 of this Article belong to subjects to mass stay of citizens, examination of the project documentation on implementation of construction, reconstruction of the specified capital construction projects is obligatory. Criteria of reference of the capital construction projects specified in items 4 and 5 parts 2 of this Article to subjects to mass stay of citizens affirm the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning.";

d) add with part 5.2 following of content:

"5.2. When conducting examination of the project documentation of the capital construction project which is not linear object assessment of its compliance to the requirements specified in part 5 of this Article and existing on date of issue of the development plan for a land plot based on which such project documentation was prepared is performed provided that from the specified date there passed no more than one and a half years. When conducting examination of the project documentation of linear object (except as specified if for construction, reconstruction of linear object does not need preparation of documentation on the layout of the territory) assessment of its compliance to the requirements specified in part 5 of this Article and existing on approval date of the site planning of the territory based on which such project documentation was prepared is performed provided that from the specified date there passed no more than one and a half years. If from date of issue of the development plan for a land plot or approval date of the site planning of the territory there passed more than one and a half years, when conducting examination of the project documentation assessment of its compliance to the requirements specified in part 5 of this Article and existing on receipt date of the project documentation for examination is performed. When conducting examination of the project documentation of linear object, for construction which reconstruction does not need preparation of documentation on the layout of the territory assessment of conformity of this project documentation to the requirements specified in part 5 of this Article and existing on receipt date of the project documentation for examination is performed.";

11) in Article 51:

a) in the subitem "zh" of Item 3 of part 7 of the word "or to dismantle" to exclude;

b) parts 9 - 9.2 to recognize invalid;

c) in part 10 of the word "specified in parts 7 and 9" shall be replaced with words "specified in part 7", shall be replaced with words the words "provided by parts 7 and 9" "provided by part 7";

d) regarding 10.1 words "or stipulated in Item 4 parts 9 of this Article of the description of appearance of object of individual housing construction" to exclude;

e) in part 10.2 the third offer to exclude;

e) in Item 2 of part 11 of the word "or schemes of the planning organization of the parcel of land with designation of the site area of individual housing construction" and the word "or the specified scheme of the planning organization of the parcel of land" to exclude;

g) in part 11.1:

in Item 1 the word "enclosed" to replace with the word "enclosed", the words "or description of appearance of object of individual housing construction, stipulated in Item 4 parts 9 of this Article", to exclude;

state Item 2 in the following edition:

"2) compliance of the project documentation to requirements to construction, the reconstruction of capital construction project established on date of issue of the permission for construction of the development plan for a land plot, admissibility of placement of capital construction project provided for obtaining according to the permitted use of the parcel of land and restrictions set according to land and other legislation of the Russian Federation and operating on date of issue of the construction license and also to the requirements established in permission to variation from extreme parameters of the permitted construction, reconstruction in case of issue to person of such permission perform;";

h) regarding 11.2 words "or stipulated in Item 4 parts 9 of this Article of the description of appearance of object of individual housing construction considers specified" shall be replaced with words "considers specified", to exclude the words "or description of appearance of object of individual housing construction", shall be replaced with words the words "undressed specified" "the specified Section", to exclude the words "or descriptions of appearance of object of individual housing construction";

i) in part 13 of the word "parts 7 and 9" shall be replaced with words "part 7", "parts 7.1 and 9.1" shall be replaced with words words "part 7.1", to exclude the words "or descriptions of appearance of object of individual housing construction";

j) recognize part 16.1 invalid;

k) in part 17:

in Item 1 of the word of "garage construction" shall be replaced with words "constructions, reconstruction of garage", words "constructions on the parcel of land provided for conducting gardening, small-scale farming and construction" shall be replaced with words "constructions, reconstruction on the garden parcel of land of the apartment house, garden house, economic constructions";

add with Item 1.1 of the following content:

"1. 1) constructions, reconstruction of objects of individual housing construction;";

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