Pzz what is included in the improvement area. New rules for development and land use: draft, changes
Those who own at least some real estate in 2017 need to know what land use and development rules are, because they are necessary when owning any real estate in a populated area.
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Land use and development rules are a voluminous set of rules and information about what purpose land can be assigned to, what territories exist in general, and how large or small different real estate objects can be. Rules are created at the municipal level. They are developed by a special commission, and approved in 2017 by the head of the municipality. PZZ is a full-fledged legal document of a municipal entity, which must be published in official sources (media or website), otherwise it will not acquire the proper legal force.
First rules
In general, building rules appeared at the beginning of the last century in America. Of course, they were completely different, but their goals were similar. A major concern of American development regulations has been to eliminate the possibility of establishing incompatible permitted uses adjacent to each other. For example, it has a bad effect on the demography of the country and the environment in general if a heavy metal processing plant is located next to a residential area. Or if a military facility is located close to a public and business area.
Structure of PZZ and work on them
The document in question consists of three parts:
- information on how to apply them and changes to land use and development rules;
- legal territorial distribution map;
- town planning regulations.
During the development of the rules and before their final approval, a general vote is organized in a rural settlement or city to identify requests and proposals from citizens regarding the definition of zones of a rural settlement or urban district. In 2017, such voting takes place from two to four months. If hearings are held in relation to a specific territory, then only the owners of land plots and buildings within the boundaries of the designated territory are present at them. Such hearings are conducted by the commission that initially developed the rules for land use and development. Next, the commission members finalize the document and send it to the head of the municipality.
Ordinary people, organizations or government. authorities can challenge the decision to legitimize the rules only in court.
How to make adjustments to the rules
Changes to the rules of land use and development can only be made by decision of the head of the rural settlement or the mayor of the city in 2017. Letters can be sent to him either by the state. authorities, or state and legal entities. faces. A positive decision on consent can only be made if:
- the rules in a rural settlement (or in a city) do not correspond to other, more important or previously adopted documentation;
- a proposal has been put forward to establish other - completely new - boundaries of any zone or change the regulations;
- Due to the adoption of land use and development rules, ownership of plots and buildings is carried out in an irrational manner.
Contents of the structural parts of the PZZ
The first component of the land use rules of a rural settlement or city carries theoretical information of an organizational nature, that is, how to use the document correctly, in what order changes can be made to it, the terms used, and so on.
The other two components are already more interesting. They are the main ones in the rules of land use and development.
Middle part in PZZ
An urban zoning map divides the land holdings of an urban entity or rural settlement into legal territories. In 2017, these could be zones of residential low-, medium- or high-rise buildings, business zones or infrastructure zones, and so on.
The outlines of the territorial zone can only pass along the boundaries of other objects, for example, land plots, water bodies, along red lines, highways, etc. One plot of land can only be located in one territory at a time. zone. A logical connection emerges if we consider an example:
Ivanov I.V. is the owner of a piece of land in a public and business zone (a one-story building with office space was built on it). Citizen Ivanov decided to equip a parking lot, but this requires additional territory. Luckily for him (as it seemed to him), a plot of land was for sale nearby, not far from the private sector. Ivanov I.V. concluded a purchase and sale transaction with the owner, registered the right to the site and went to the administration for a building permit. But everything turned out to be not so simple. The unfortunate citizen Ivanov did not look at the land use and development rules and bought a parking lot, which is part of a residential development zone.
Naturally, he did not receive permission to equip it, but he built himself a house and now lives there with his family.
There are also separate zones with special conditions for using the territory. If they were approved by the state, then the boundaries may not correspond to the boundaries of other zones that were established at the municipal level by a rural settlement in 2017.
Third part of the rules
This is a town planning regulation. Perhaps it is the most interesting for ordinary people, because this document contains information about all types of permitted use of land and public buildings, as well as the determination of the minimum and maximum volume of real estate and restrictions on their operation or changes according to higher laws.
The permitted uses in the rules are divided into three large groups, and for each territorial zone these groups have different types of use. So this is:
- main types;
- conditionally permitted
- and auxiliary.
If in 2017 you wanted to change the type and purpose of your land plot in a rural settlement, for example, then you can familiarize yourself with the last part of the PZZ, select any VRI that suits you (naturally, within the framework of zoning) from the first two groups, and write an application for cadastral registration recording changes to the cadastral chamber (free of charge). In this case, no trips to the municipality or any additional approvals will be required.
The latest approved VRIs can only be installed in conjunction with others; they can never be a separate, full-fledged type of permissible purpose.
To provide an auxiliary type of use in 2017, it is necessary to submit an application to the administration and hold public meetings with the owners of plots and buildings in the neighborhood, whose interests and lives are at risk of being affected as a result of consent to the provision of a third type of use. Yes, and the costs of organizing this process fall on the shoulders of the applicant.
In addition, the town planning regulations determine the minimum and maximum limits. But this is not necessarily the area of plots or buildings, it is also the percentage of the built-up area of one plot, the deviation from the boundaries of plots during construction, the number of floors or height of public buildings and much more.
If, for example, in 2017, your piece of land in a rural settlement is so small that it is less than the smallest size that this legal territory assumes, you can contact the commission that developed the rules for land use and development to obtain consent to deviate from this size. Such permission, again, is given based on the results of public hearings.
What is a master plan
There is a similar document - a master plan. It is aimed at competent planning of the development of the territory of a settlement.
Nowadays there is a lot of debate about which document is the primary one - the urban planning plan or the land use rules?
Many are inclined to believe that the approval of the PZZ is a means of achieving the goals of the master plan.
Press release. The lawyers of our board have carefully studied the materials presented at the public hearings currently taking place in Moscow on the Draft Rules for Land Use and Development of Moscow (LZZ) and, unfortunately, we are forced to come to disappointing conclusions about the serious risks that threaten Muscovites if the Project is approved in in this form or with minor changes. Our experts have identified a contradiction of the proposed project with a number of norms of federal legislation, its focus on violating the property rights of owners of premises - primarily residential, that is, apartments - in apartment buildings in Moscow. Here it is necessary to recall that land plots of residential apartment buildings are the common property of all owners of premises in the building. Reducing a site or illegally allocating part of it for infill development inevitably entails a violation of the property rights of Muscovites.
LAND USE AND DEVELOPMENT RULES RESULT IN THE REDUCTION OF APPROXIMATELY 40 THOUSAND HOUSE LAND PLOTS IN MOSCOW AND THE CONCURRENT RETURN OF MASSIVE IN-POINT DEVELOPMENT
PZZ: MUSCOVITES ARE THREATENED BY MASSIVE LOSS OF COMMON PROPERTY
Under the guise of hearings currently taking place in all districts of the capital within the old borders with the stated subject of the Draft Land Use and Development Rules, a new attempt is being made to deprive several million Muscovites of property created during the Soviet period and registered in accordance with the current legislation. Muscovites were already suffering from land redistribution under the guise of alternating the capital's neighborhoods, the consequences of which periodically have to be challenged by the lawyers of the Dombrovitsky and Partners board and our colleagues in the legal department.
Anything that, due to negligence or intent, has not been transferred to the real estate cadastre from previous registers of the Soviet years is being tried to be declared non-existent. About 40 thousand plots of apartment buildings in Moscow, contrary to construction standards and in violation of the property rights of millions of Muscovites, were proposed to be determined by the size of the building's blind area (see paragraph 3.4.1 of the proposed Project). After the adoption of the PZZ, the space from blind area to blind area between residential buildings can be made available for construction, since areas of apartment buildings have not been taken into account en masse for more than two decades.
The vast majority of previously recorded land plots of apartment buildings have not been re-registered from 1991 to the present day, during the land reform and the COMPLETE land inventory carried out within its framework. The rights of millions of Muscovites that arose by force of law are not recorded in any way in the new registration registers, including in the state real estate cadastre.
In addition, the majority of land plots of parks, squares, other green areas of public land, as well as garage lands, other lands serving residential areas, historical and cultural monuments, which city residents use by virtue of legislation that previously came into force, were also not transferred to its existing (current) sizes and boundaries into today's real estate registries.
The cadastre does not contain information about these real estate objects, and the persons who determine the urban planning strategy (policy) of the city have every reason to dispose of other people’s property with impunity - for example, by authorizing yet another illegal construction project under your windows.
A paradoxical situation arises:
The Moscow authorities pretend that thousands of apartment buildings in Moscow stand on land that was allegedly never allocated to them (that is, in fact, officials are trying to present Soviet-built houses as unauthorized constructions). They are helped in this by the fact that very few plots are registered in the cadastral register; it is enough to open the publicly accessible Public Cadastral Map.
Relying on the “empty” real estate cadastre as the only source of information, declaring all the city’s lands have never been divided before, and therefore are still owned by the city administration, for 44.5 million rubles of budget funds (State Contract No. 0173200022716000004 dated March 30, 2016 ) - Land Use and Development Rules have been prepared, which, in essence, revise the results of privatization. After all, buildings without land are worth little and are not full-fledged real estate complexes.
The content of the Project raises serious concerns about the impending resumption of mass infill development, including construction projects that have been stopped by Muscovites over the past several years, including with the help of lawyers from the Dombrovitsky and Partners board. These construction projects were canceled by the Moscow Government because they were started in violation of the law and were based on documents obtained through dubious means. At many addresses where illegal construction was stopped, the city administration revoked permits and revised planning decisions.
For unknown reasons, this did not affect the content of the PZZ materials, which massively accumulate information from issued urban planning plans for land plots (GPZU) and planning projects, including those intended for illegal construction. In addition, in cases where a residential block has already undergone “compaction” development, the PZZ Project establishes maximum (limit) parameters for permitted construction (height, density, etc.) for all sections of the block, based on the characteristics of illegally built high-rise buildings.
Because from their own experience in protecting the rights of Muscovites, the lawyers of the Dombrovitsky and Partners board know: during the period of Luzhkov’s leadership of the city, the capital’s administration (as a rule, without notifying apartment owners) entered into thousands of lease agreements for land plots located under apartment buildings with various commercial firms (banks, shops, etc.). To this day, the real estate cadastre lists these previously leased plots with types of use corresponding to the business areas of the merchants - “operation of bank premises”, “operation of shops”, etc. If the Project PZZ is adopted, it is precisely these types of uses (taken from the cadastre) that will become the main types of permitted use for the land plots of such apartment buildings, and not at all what the site was originally provided for and is used for - for the operation of an apartment building (see paragraph 3.3. 2 Book 1 Project).
This procedure for assigning types of land use is contrary to Part 4 of Art. 37 of the Town Planning Code of the Russian Federation, which establishes the independence of legal holders of land plots and capital construction projects in choosing the main and auxiliary types of use from those established in relation to the territorial zone.
Despite the fact that the development of text and graphic materials in accordance with Order of the Ministry of Economic Development of the Russian Federation No. 540 was indicated in the Terms of Reference as the goal of the work on “Clarification of the Land Use and Development Rules”, the Project developers arbitrarily established, and then, according to the State Contract, - approved by the Urban Planning and Land Commission of Moscow, types of permitted use of land plots that do not correspond to the types of use approved by this Order of the authorized federal body.
Since since 2014, according to Art. 7 of the Land Code of the Russian Federation, the right to these actions belongs exclusively to the federal body (the Ministry of Economic Development of the Russian Federation), which, by Order No. 540 of September 1, 2014, approved the “Classifier of types of permitted use of land plots”, then the “independent activity” of the executive body of the subject, among other things, violates the Federal Law of 06.10.1999 N 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (Part 2, Article 3), which can serve as the basis for a legal assessment as abuse of official powers.
Even a superficial acquaintance with the materials of the PZZ (including Table No. 1 of Types of Permitted Use) allows us to conclude that they are almost completely inconsistent with the Order of the Ministry of Economic Development, while bringing it into compliance was stated as one of the conditions for payment for work. Thus, in the actions of the customer of the work (Moscomarchitecture), the contractor (SUE GlavAPU), as well as the subcontractor (NIiPI of the General Plan of Moscow), one can also assume inappropriate spending of budget funds.
In the preparation of the Land Use and Development Rules, currently presented for public hearings, the provisions of Article 31 of the Town Planning Code of the Russian Federation were also violated - in particular, “the procedure for sending proposals from interested parties to the commission for the preparation of draft land use and development rules” was not announced in advance (p. 4 hours 8 art. 31). The head of the Moscow administration should have announced the creation of a commission to prepare the Project and the procedure for its work so that the rights of interested parties are not violated, which, of course, includes the owners of residential and non-residential premises in apartment buildings, who also own a share in the right to land plots these houses.
The statement of the organizers of the hearings that the adoption of the PZZ is aimed at counteracting infill development does not correspond to reality, since due to their official position these persons are aware of the existence of previously registered plots not included in the real estate cadastre, and that such a situation constantly provokes actions to seal development on adjacent land plots and the emergence of numerous urban planning conflicts.
In connection with all of the above, our experts come to the conclusion: consideration of these materials as PZZ and their possible adoption can cause colossal harm to both the capital as a whole and its residents, and will serve as an example of unpunished criminalization of urban planning activities and violations of Russian legislation in several cases at once areas of law.
Remove the Draft Rules for Land Use and Development of the City of Moscow from consideration at public hearings, and prevent its approval by a regulatory act of the City of Moscow;
- conduct an inspection for signs of abuse of power, theft, misappropriation of budget funds, payment for unfulfilled contracts;
- conduct an investigation into the activities of the persons who prepared the draft PZZ and carried out actions aimed at its approval, consideration at public hearings and adoption, in terms of possible preparation for violation of the rights of a significant number of citizens, seizure of property in favor of third parties, revision of the results of privatization and undermining the authority of the authorities .
The Land Use and Development Rules (LRU) of the city of Moscow were approved on March 28, 2017 by Decree of the Moscow Government No. 120-PP. and contains information about:
- types of permitted use of the land plot;
- maximum parameters of permitted construction (number of storeys, area);
- security zones
Our specialists will help you:
- Conduct a PZP analysis in relation to your land plot
- Obtain all necessary approvals and permits for the construction or reconstruction of a residential or garden house
- Register a built house
- Get an address for your home (necessary for registration and gas connection)
| PZZ Moscow 2018 | |||
|---|---|---|---|
| PZZ Novomoskovsk administrative district | download | ||
| PZZ Troitsky administrative district | download | ||
| PZZ TsAO | download 240 mb | ||
| PZZ SAO | 324 mb | ||
| PZZ VAO | download 116 mb | ||
| PZZ NEAD | download 100 mb | ||
| PZZ SEAD | download 327 mb | ||
| PZZ Southern Administrative Okrug | download 110 mb | ||
| PZZ South-Western Administrative District | download 99 mb | ||
| PZZ CJSC | download 171 mb | ||
| PZZ SZAO | download 83 mb | ||
| PZZ Zelenogradsky | download 40 mb |
How to read PZZ?
We determine the established type of permitted use of the site
- Open the urban zoning map of the district or settlement you need - "Boundaries of territorial zones and types of permitted use land plots and capital construction projects."
- Determine the established type of permitted use. Each territory has symbols for the types of permitted use:
- Option 1 - in x.x.x format (for example 2.1.0, 2.2.0, 13.2.0). View the compliance of the type of use in the Table of types of permitted use of land plots and capital construction projects.
- Option 2 - in xxxxxxx format (for example 22908919) with red markings. Find the corresponding section in the PZZ (there will be a separate page for the territory with this number) and see the types of permitted use.
- Option 3 - in xxxxxxx format (for example 22908919) with blue markings. Find the corresponding section in the PZZ (there will be a separate page for the territory with this number) and see the types of permitted use.
- Option 4 - marked with the letter "F" - territorial zone of preserved land use (actual use). As the limiting parameters of permitted construction and reconstruction of capital construction projects on land plots in the mentioned zones, the parameters of capital construction projects located on the specified land plots, information about which is contained in the Unified State Register of Real Estate, are established. If there is no information in the Unified State Register of Real Estate about the parameters of capital construction projects located on a specific land plot, for the specified land plot the numerical value of the index “F” is equal to “zero”. In other words, new construction is not envisaged in areas with index F. The development of these territories involves making changes to the PZZ and developing a planning project.
- Option 5 - marked with the letter "N" - a territorial zone in which urban planning regulations are not established by the rules of land use and development.
We determine the maximum development parameters.
- Open the urban zoning map of the district or settlement you need - "Boundaries of territorial zones, subzones of territorial zones and limit parameters permitted construction, reconstruction of capital construction projects."
- Find the territory in which your object falls.
- Determine the established limit parameters. Each territory has designated parameters:
- Option 1 - in the format of three indicators written in a column (for example, in a column “4”, “15”, “dash”). The first parameter shows the maximum development density of land plots (thousand sq.m./ha). The second is the maximum building height (m). Third - Maximum development of land plots (%). If there is a dash as a parameter, then this parameter is not installed.
- Option 2 - in xxxxxxx format (for example 22908919). Find the corresponding section in the PZZ (there will be a separate page for the territory with this number) and look at the limit parameters.
- Option 3 - in xxxxxxx format (for example 22908919). Find the corresponding section in the PZZ (there will be a separate page for the territory with this number) and look at the limit parameters.
- Option 4 - marked with the letter "F" - a territorial zone for which the values of the maximum building density and (or) the maximum building height and (or) the maximum development of land plots are set, equal to the actual values of the listed parameters. This means that the site can only be developed within the parameters of an existing public housing complex. If the site is empty, then development on it is not possible without the development of urban planning documentation (territory planning project).
- Option 5 - marked with the letter "N" - a territorial zone for which urban planning regulations are not established by the rules of land use and development.
1) creating conditions for the sustainable development of municipal territories, preserving the environment and cultural heritage sites;
2) creating conditions for planning the territories of municipalities;
3) ensuring the rights and legitimate interests of individuals and legal entities, including legal holders of land plots and capital construction projects;
4) creating conditions for attracting investments, including by providing the opportunity to choose the most effective types of permitted use of land plots and capital construction projects.
2. Land use and development rules include:
1) the procedure for their application and amendments to these rules;
2) urban zoning map;
3) urban planning regulations.
3. The procedure for applying the rules of land use and development and making changes to them includes the provisions:
1) on the regulation of land use and development by local government bodies;
2) on changing the types of permitted use of land plots and capital construction projects by individuals and legal entities;
3) on the preparation of documentation on territory planning by local government bodies;
4) on holding public discussions or public hearings on issues of land use and development;
5) on amendments to the rules of land use and development;
6) on the regulation of other issues of land use and development.
4. The boundaries of territorial zones are established on the urban zoning map. The boundaries of territorial zones must meet the requirement that each land plot belongs to only one territorial zone. The formation of one land plot from several land plots located in different territorial zones is not allowed. Territorial zones, as a rule, are not established in relation to one plot of land.
5. The urban zoning map must necessarily display the boundaries of settlements that are part of a settlement, urban district, boundaries of zones with special conditions for the use of territories, boundaries of territories of cultural heritage sites, boundaries of territories of historical settlements of federal significance, boundaries of territories of historical settlements of regional significance. These boundaries may be displayed on separate maps.
(see text in the previous edition)
5.1. The urban zoning map must necessarily establish the territories within the boundaries of which it is planned to carry out activities for the integrated and sustainable development of the territory, in the case of planning the implementation of such activities. The boundaries of such territories are established along the boundaries of one or more territorial zones and can be displayed on a separate map.
6. The town planning regulations in relation to land plots and capital construction projects located within the relevant territorial zone indicate:
1) types of permitted use of land plots and capital construction projects;
2) maximum (minimum and (or) maximum) sizes of land plots and maximum parameters of permitted construction, reconstruction of capital construction projects;
3) restrictions on the use of land plots and capital construction projects established in accordance with the legislation of the Russian Federation;
4) calculated indicators of the minimum permissible level of provision of the territory with objects of communal, transport, social infrastructure and calculated indicators of the maximum permissible level of territorial accessibility of these objects for the population in the event that within the boundaries of the territorial zone, in relation to which the town planning regulations are established, it is envisaged to carry out activities for integrated and sustainable development of the territory.
6.1. A mandatory appendix to the rules of land use and development is information about the boundaries of territorial zones, which must contain a graphic description of the location of the boundaries of territorial zones, a list of coordinates of characteristic points of these boundaries in the coordinate system used to maintain the Unified State Register of Real Estate. Local government bodies of a settlement or urban district also have the right to prepare a text description of the location of the boundaries of territorial zones. The forms of graphic and text description of the location of the boundaries of territorial zones, the requirements for the accuracy of determining the coordinates of characteristic points of the boundaries of territorial zones, the format of the electronic document containing the specified information, are established by the federal executive body exercising the functions of developing state policy and legal regulation in the area of jurisdiction of the Unified state register of real estate, implementation of state cadastral registration of real estate, state registration of rights to real estate and transactions with it, provision of information contained in the Unified State Register of Real Estate.
7. The approved rules for land use and development of a settlement, urban district, intersettlement territory are not applied to the extent that contradicts the restrictions on the use of land plots and (or) real estate located on them and the implementation of economic and other activities established on the airfield territory, within the boundaries of which completely or the airfield area is partially located, established in accordance with the Air Code of the Russian Federation (hereinafter referred to as restrictions on the use of real estate established on the airfield area).
8. The period for bringing the approved land use and development rules into compliance with the restrictions on the use of real estate established in the airfield area cannot exceed six months.
