FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 30, 2012 No. 289-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 December 21, 2012

Approved by the Federation Council on December 26, 2012

Article 1

Bring in the Town-planning code of the Russian Federation (The Russian Federation Code, 2005, N 1, Art. 16; 2006, N 1, Art. 10, 21; N 52, of Art. 5498; 2007, N 31, Art. 4012; N 45, of Art. 5417; N 46, of Art. 5553; 2008, N 29, Art. 3418; N 30, of the Art. 3604, 3616; 2009, N 48, Art. 5711; N 52, of Art. 6419; 2010, N 48, Art. 6246; 2011, N 13, Art. 1688; N 17, of Art. 2310; N 27, of Art. 3880; N 30, of the Art. 4563, 4572, 4590, 4591, 4594; N 49, of the Art. 7015, 7042; 2012, N 31, Art. 4322; N 47, of the Art. 6390) following changes:

1) Article 1:

a) add with Item 23 following of content:

"23) programs of complex development of systems of utility infrastructure of the settlement, the city district - the documents establishing lists of actions for construction, reconstruction of systems electro-, gazo-warm, the water supply and water disposal, objects used for utilization, neutralization and burial of municipal solid waste which are provided respectively by schemes and development programs of single national (all-Russian) power network for the long-term period, the general scheme of placement of power generation facilities, the federal program of gasification, the appropriate interregional, regional programs of gasification, schemes of heat supply, schemes of water supply and water disposal, programs in the field of the address with waste. Programs of complex development of systems of utility infrastructure of the settlement, the city district are developed and affirm local government bodies of the settlement, city district based on approved according to the procedure, established by this Code, master plans such settlements, the city district and shall provide the balanced, perspective development of systems of utility infrastructure according to the needs for construction of facilities of capital construction and reliability conforming to the established requirements, energy efficiency of the specified systems, decrease in negative impact on the environment and health of the person and improvement of quality of goods delivered for consumers, the rendered services in spheres electro-, gazo-, warm, water supply and water disposal, and also services in utilization, neutralization and burial of municipal solid waste;";

b) add with Item 24 following of content:

"24) system of utility infrastructure - complex of the objects which are technologically connected among themselves and engineering constructions intended for supply activity of goods and rendering services in spheres electro-, gazo-warm, water supply and water disposal to connection points (technological accession) to engineering systems electro-, gazo-, warm, water supply and water disposal of capital construction projects, and also the objects used for utilization, neutralization and burial of municipal solid waste.";

2) Article 6:

a) add with Item 4.1 of the following content:

"4. 1) establishment of requirements to programs of complex development of systems of utility infrastructure of settlements, city districts;";

b) add with Item 7.3 of the following content:

"7. 3) establishment of procedure of monitoring of development and approval of programs of complex development of systems of utility infrastructure of settlements, city districts;";

Article 7 to add 3) with Item 6 of the following content:

"6) implementation of monitoring of development and approval of programs of complex development of systems of utility infrastructure of settlements, city districts.";

4) in Article 8:

a) add part 1 with Item 8 of the following content:

"8) development and approval of programs of complex development of systems of utility infrastructure of settlements.";

b) add part 3 with Item 9 of the following content:

"9) development and approval of programs of complex development of systems of utility infrastructure of city districts.";

Part 4 of Article 9 to state 5) in the following edition:

"4. Acceptance by public authorities, local government bodies of decisions (except as specified, provided by the Federal Laws) about reservation of lands, about withdrawal, including by the redemption, the parcels of land for the state or municipal needs, about transfer of lands from one category in another, about provision of the parcels of land which are in the state-owned or municipal property for the purpose of placement of objects of federal importance in the areas specified regarding 1 article 10 of this Code, objects of regional value, objects of local value is not allowed if placement of such objects is not provided by documents of territorial planning of the Russian Federation in the areas specified regarding 1 article 10 of this Code, documents of territorial planning of the subject of the Russian Federation, documents of territorial planning of municipalities and also about transfer of lands from one category in another for the purposes which are not connected with placement of objects of federal importance, objects of regional value, objects of local value of municipal districts in the absence of the master plan of the city district or the settlement (the scheme of territorial planning of the municipal district in case of transfer of the lands located in the mezhselenny territories from one category in another).";

6) in Article 26:

a) in part 5 of the word "or investment" shall be replaced with words "programs of complex development of systems of utility infrastructure of settlements, city districts and (in the presence) investment";

b) add with part 5.1 following of content:

"5.1. Programs of complex development of systems of utility infrastructure of settlements, city districts are developed by local government bodies of settlements, city districts and are subject to approval by representative bodies of local self-government of such settlements, city districts in six-months time from approval date of master plans of the respective settlements, city districts. In case of acceptance by representative body of local self-government of the rural settlement of this Code of the decision on lack of need of preparation of its master plan provided by part 6 of article 18 the program of complex development of such rural settlement is not subject to development and approval.";

Part 6 of Article 45 to state 7) in the following edition:

"6. It is not allowed to perform preparation of documentation on the layout of the territory (except as specified preparation of projects of land surveying of the built-up territories and town-planning plans of the parcels of land for statements of physical persons or legal entities, and also the case provided by part 6 of article 18 of this Code) in the cases providing placement of objects of federal importance in the areas specified regarding 1 article 10 of this Code, objects of regional value, objects of local value of the municipal district if placement of such objects is not provided by documents of territorial planning of the Russian Federation in the areas specified regarding 1 article 10 of this Code, documents of territorial planning of the subject of the Russian Federation, documents of territorial planning of the municipal district and also in the cases which are not providing placement of objects of federal importance, objects of regional value objects of local value of municipal districts, in the absence of the master plan of the city district or the settlement (the scheme of territorial planning of the municipal district in relation to the mezhselenny territories).";

8) 3 Articles 51 after the word "reconstruction" to add part with words "objects of federal importance, objects of regional value, objects of local value of municipal districts,";

Part 2 of Article 57.1 to add 9) with Item 3.1 of the following content:

"3. 1) programs of complex development of systems of utility infrastructure of settlements, city districts;".

Article 2

In Item 14 of article 3 of the Federal Law of October 25, 2001 N 137-FZ "About enforcement of the Land code of the Russian Federation" (The Russian Federation Code, 2001, N 44, Art. 4148; 2003, N 28, Art. 2875; N 50, of Art. 4846; 2004, N 41, Art. 3993; 2005, N 1, Art. 17; N 25, of Art. 2425; 2006, N 1, Art. 3, 17; N 17, of Art. 1782; N 27, of Art. 2881; N 52, of Art. 5498; 2007, N 7, Art. 834; N 31, of Art. 4009; N 43, of Art. 5084; N 46, of Art. 5553; N 48, of Art. 5812; 2008, N 30, Art. 3597; 2009, N 19, Art. 2281; N 29, of Art. 3582; N 52, of the Art. 6418, 6427; 2011, N 1, Art. 47; N 13, of Art. 1688; N 30, of Art. 4562; N 49, of Art. 7027; N 51, of Art. 7448; N 27, the Art. 3587) the words "since December 31, 2012" shall be replaced with words 2012, "in relation to municipal districts since June 30, 2013, to residential locations and city districts since December 31, 2013, to rural settlements since June 1, 2014".

Article 3

Part 1 of article 17 of the Federal Law of October 6, 2003 N 131-FZ "About the general principles of the organization of local self-government in the Russian Federation" (The Russian Federation Code, 2003, N 40, Art. 3822; 2005, N 1, Art. 37; N 52, of Art. 5597; 2006, N 1, Art. 10; N 31, of Art. 3452; 2007, N 43, Art. 5084; 2009, N 48, Art. 5711; 2010, N 19, Art. 2291; N 31, of the Art. 4160, 4206; 2011, N 49, Art. 7039; 7359) to add N 50, of the Art. with Item 6.1 of the following content:

"6. 1) development and approval of programs of complex development of systems of utility infrastructure of settlements, city districts, requirements to which are established by the Government of the Russian Federation;".

Article 4

Bring in the Federal Law of December 29, 2004 N 191-FZ "About enforcement of the Town-planning code of the Russian Federation" (The Russian Federation Code, 2005, N 1, Art. 17; N 30, of Art. 3122; 2006, N 1, Art. 17; N 52, of Art. 5498; 2007, N 50, Art. 6237; 2009, N 52, Art. 6419, 6427; 2011, N 13, Art. 1688; N 30, of Art. 4594; 2012, N 27, Art. 3587) following changes:

1) in Article 3:

a) add with part 1.2 following of content:

"1.2. Provisions of part 4 of article 9 of the Town-planning code of the Russian Federation are not applied to relevant decisions for the purpose of placement of objects of local value of settlements in the territories of residential locations till March 31, 2013, in the territories of rural settlements till December 31, 2013.";

b) add with part 1.3 following of content:

"1.3. Provisions of part 6 of article 45 of the Town-planning code of the Russian Federation are not applied to preparation of documentation on the layout of the territory in the cases which are not providing placement of objects of federal importance, objects of regional value, objects of local value of municipal districts in relation to the territories of residential locations till March 31, 2013, to the territories of rural settlements till December 31, 2013.";

c) add with part 1.4 following of content:

"1.4. Provisions of part 3 of article 51 of the Town-planning code of the Russian Federation are not applied to issue of permissions for construction of capital construction projects in the mezhselenny territories of municipal districts till June 31, 2013, to issue of permissions for construction of capital construction projects in the territories of residential locations and city districts till December 31, 2013, in the territories of rural settlements till June 1, 2014.";

2) in Article 4:

a) in paragraph one of part 1 of the word "not later than till December 31, 2012" shall be replaced with words "in relation to municipal districts till June 31, 2013, to residential locations and city districts till December 31, 2013, to rural settlements till June 1, 2014";

b) regarding 4 words "December 31, 2012" shall be replaced with words "on December 31, 2013".

Article 5

Voided according to the Federal Law of the Russian Federation of 29.12.2014 No. 458-FZ

Article 6

Regarding the 2nd article 38 of the Federal Law of December 7, 2011 N 416-FZ "About water supply and water disposal" (The Russian Federation Code, 2011, N 50, the Art. 7358) the words "and programs of complex development of systems of utility infrastructure of settlements, city districts (in case of their availability)" to exclude.

Article 7

Recognize invalid:

1) the paragraph the fifth Item 3 of article 1 of the Federal Law of December 26, 2005 N 184-FZ "About introduction of amendments to the Federal law "About Bases of Regulation of Rates of the Organizations of Utility Complex" and some legal acts of the Russian Federation" (The Russian Federation Code, 2005, N 52, the Art. 5597);

2) paragraphs of the eighth - the tenth Item 3 of article 25 of the Federal Law of December 25, 2008 N 281-FZ "About modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2008, N 52, the Art. 6236);

3) Items 1 and 2 of article 6 of the Federal Law of July 7, 2010 N 237-FZ "About introduction of amendments to the Housing code of the Russian Federation and separate legal acts of the Russian Federation" (The Russian Federation Code, 2010, N 31, the Art. 4206).

Article 8

1. Provisions of part 5.1 of article 26 of the Town-planning code of the Russian Federation (in edition of this Federal Law) are applied to the legal relationship connected with approval of programs of complex development of systems of utility infrastructure of settlements, city districts and which arose after day of entry into force of this Federal Law. In the presence of master plans of settlements and master plans of the city districts approved about day of entry into force of this Federal Law, the program of complex development of systems of utility infrastructure of the respective settlements, city districts shall be developed and approved no later than January 1, 2014.

2. Within sixty days after day of entry into force of this Federal Law by the Government of the Russian Federation the federal executive body authorized on establishment of procedure of monitoring of development and approval of programs of complex development of systems of utility infrastructure of settlements, city districts is determined.

3. Prior to the day of entry into force of this Federal Law Government of the Russian Federation establishes requirements to programs of complex development of systems of utility infrastructure of settlements, city districts.

Article 9

1. This Federal Law becomes effective after ninety days after day of its official publication, except for provisions for which this Article establishes other term of their introduction in force.

2. Items 5, of the 7 and 8 Article 1, Article 2 and article 4 of this Federal Law become effective from the date of official publication of this Federal Law.

3. Part provisions 4 Articles 9, of part 6 of Article 45, of part 3 of article 51 of the Town-planning code of the Russian Federation (in edition of this Federal Law), Item 14 of article 3 of the Federal Law of October 25, 2001 N 137-FZ "About enforcement of the Land code of the Russian Federation" (in edition of this Federal Law), parts 1.2, 1.3 and 1.4 of Article 3, of parts 1 and 4 of article 4 of the Federal Law of December 29, 2004 N 191-FZ "About enforcement of the Town-planning code of the Russian Federation" (in edition of this Federal Law) are applied since December 31, 2012.

4. Till December 30, 2012 inclusive part provisions 4 Articles 9, of part 6 of Article 45, parts 3 of article 51 of the Town-planning code of the Russian Federation, Item 14 of article 3 of the Federal Law of October 25, 2001 N 137-FZ "About enforcement of the Land code of the Russian Federation", parts 1 and 4 of article 4 of the Federal Law of December 29, 2004 N 191-FZ "About enforcement of the Town-planning code of the Russian Federation" are applied without the changes made by this Federal Law.

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