FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 4, 2023 No. 438-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 19, 2023

Approved by the Federation Council on July 28, 2023

Article 1

Bring in the Town-planning code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 16; 2006, No. 1, Art. 21; No. 52, Art. 5498; 2007, No. 21, Art. 2455; 2008, No. 20, Art. 2251; No. 30, Art. 3616; 2009, No. 48, Art. 5711; 2011, No. 13, Art. 1688; No. 30, Art. 4563, 4572, 4591, 4594; 2012, No. 47, Art. 6390; No. 53, Art. 7614; 2014, No. 19, Art. 2336; 2015, No. 1, Art. 52; No. 29, Art. 4342; 2016, No. 1, Art. 79; No. 27, Art. 4306; 2017, No. 27, Art. 3932; No. 31, Art. 4740, 4829; 2018, No. 1, Art. 39, 91; No. 32, Art. 5133, 5134, 5135; No. 53, Art. 8464; 2019, No. 26, Art. 3317; No. 31, Art. 4442; 2020, No. 31, Art. 5013, 5023; 2021, No. 1, Art. 7, 33; No. 18, Art. 3063; No. 24, Art. 4188; 2022, No. 29, Art. 5317; No. 52, Art. 9371; 2023, No. 1, Art. 59; No. 25, Art. 4429) following changes:

1) in Article 9:

a) in part 10 of the word "affirm for the term of at least than twenty years" shall be replaced with words "updatings at least once in twenty years are subject", shall be replaced with words the words "affirm for the term of at least than ten years" "updatings at least once in ten years are subject";

b) add with part of 10.1 following contents:

"10.1. If the schemes of territorial planning specified in part 10 of this Article are not staticized in the terms provided by part 10 of this Article, such schemes are applied only for the purpose of determination of data on types, appointment, the name and location of the existing objects of federal importance, objects of regional value, objects of local value.";

c) state part 14 in the following edition:

"14. Modification of schemes of territorial planning of the Russian Federation, the scheme of territorial planning of two and more subjects of the Russian Federation, the scheme of territorial planning of subjects of the Russian Federation, the scheme of territorial planning of municipal districts is not performed in cases:

1) changes of location of the existing objects of federal importance, objects of regional value, objects of local value of the municipal district owing to seizure of land on which they were located earlier, for the state or municipal needs in borders of the same municipalities, settlements in which territories the withdrawn parcels of land are located;

2) changes of location of the objects of federal importance, regional value, local value of the municipal district planned for placement in borders of the same municipalities, settlements in which territories placement of such objects, and also in case of change of names of the municipality, the settlement, including in connection with their transformation was planned;

3) changes of names of objects of federal importance, regional value, local value of the municipal district if it does not lead to change of their appointment, the main characteristics or locations.";

2) in Article 18:

a) state part 6 in the following edition:

"6. The representative body of local self-government of the rural settlement has the right to make the decision on lack of need of preparation of its master plan and on preparation of rules of land use and building.";

b) add with parts 7 and 8 of the following content:

"7. Entering into documents of territorial planning of the municipality of the changes providing change of borders of settlements in connection with elimination of crossing of borders of the settlement (settlements) with borders of the parcels of land is performed without carrying out public discussions or public hearings.

8. By public authority of the subject of the Russian Federation it can be determined that elimination of crossing of borders of the settlement (settlements), territorial zones with borders of the parcels of land according to the procedure, established by the Federal Law, is performed without approval of the specified body and local government bodies of municipalities in the territory of this subject of the Russian Federation.";

Article 20 to add 3) with parts 10 - 12 following contents:

"10. In case of change of the description of location of borders (parts of borders) of settlements in connection with elimination of crossing of borders of the settlement (settlements) with borders of the parcels of land corresponding changes are made to cards of borders of the settlements (including the formed settlements) located in the mezhselenny territories of borders of the settlements (including the formed settlements) which are part of the settlement, municipal district and to the data on borders of settlements provided respectively by Item 3 of part 1 and part 3.1 of article 19 of this Code. At the same time decision making about preparation of offers on modification of the scheme of territorial planning of the municipal district, ensuring access to drafts of such documents and approval of the specified changes according to this Article and Articles 9 and 21 of this Code are not required.

11. The scheme of territorial planning of the municipal district after introduction in it of the changes connected with elimination of the revealed crossing of borders of the settlement (settlements) with borders of the parcels of land is subject to publication by public authority or local government body, approved the document of territorial planning of the municipality which establishes settlement borders, according to the procedure, established for official publication of municipal legal acts, other official information, and is posted on the official site, in information system of territorial planning and on the regional portal of the state and municipal services in time, not exceeding ten working days from the date of approval of the specified changes.

12. Provisions of parts 10 and 11 of this Article are applied including to borders of the settlements (including borders of the formed settlements) located in the mezhselenny territories and (or) in borders of the rural settlements specified on the scheme of territorial planning of the municipal district if the representative body of the rural settlement makes the decision on lack of need of preparation of its master plan and on preparation of rules of land use and building.";

4) in Article 24:

a) in part 18 of the word "or determinations of zones of recreational appointment" shall be replaced with words ", determinations of zones of recreational appointment or elimination of crossing of borders of the settlement with borders of the parcels of land";

b) add with parts 27 - 29 following contents:

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