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Development of a project for surveying a land plot - requirements for a document. Land survey project and territory planning project: characteristic properties and differences In what cases is a land survey project made

Without bringing their composition and content in line with the provisions of the Civil Code of the Russian Federation as amended by Federal Law No. 283-FZ of August 2, 2019, unless otherwise provided by the said Law.

1. The preparation of a land surveying project is carried out in relation to the territory located within the boundaries of one or more adjacent elements of the planning structure, the boundaries of the territorial zone determined by the land use and development rules and (or) the boundaries of the territorial planning scheme of the municipal district, the master plan of the settlement, urban district functional area, the territory in respect of which it is planned to carry out activities for its integrated and sustainable development.

2. Preparation of the project of land surveying is carried out for:

1) determining the location of the boundaries formed and changed land plots;

2) establishing, changing, canceling red lines for built-up areas within whose boundaries it is not planned to place new capital construction facilities, as well as for establishing, changing, canceling red lines in connection with the formation and (or) change of a land plot located within the boundaries of the territory , in relation to which the implementation of activities for the integrated and sustainable development of the territory is not provided, provided that such establishment, change, cancellation entail only a change in the boundaries of the territory of common use.

3. The project of land surveying of the territory consists of the main part, which is subject to approval, and materials to justify this project.

4. The main part of the territory surveying project includes a text part and drawings of the territory surveying.

5. The text part of the territory surveying project includes:

1) a list and information about the area of ​​land plots to be formed, including possible ways of their formation;

2) a list and information on the area of ​​land plots to be formed, which will be classified as common areas or common property, including in respect of which reservation and (or) withdrawal for state or municipal needs are expected;

3) the type of permitted use of the formed land plots in accordance with the territory planning project in the cases provided for by this Code;

4) intended purpose of forests, type (types) of permitted use of the forest plot, quantitative and quality characteristics forest plot, information about the location of the forest plot within the boundaries of especially protected forest plots (in the event that the preparation of a land surveying project is carried out in order to determine the location of the boundaries of the formed and (or) modified forest plots);

5) information about the boundaries of the territory in respect of which the survey project is approved, containing a list of coordinates of the characteristic points of these boundaries in the coordinate system used to maintain the Unified state register real estate. The coordinates of the characteristic points of the borders of the territory in respect of which the survey project is approved are determined in accordance with the requirements for the accuracy of determining the coordinates of the characteristic points of the borders established in accordance with this Code for territorial zones.

6. On the drawings of the land surveying are displayed:

1) the boundaries of the planned (if the preparation of the land surveying project is carried out as part of the territory planning project) and existing elements of the planning structure;

2) red lines approved as part of the territory planning project, or red lines approved, changed by the territory surveying project in accordance with clause 2 of part 2 of this article;

3) indentation lines from the red lines in order to determine the places of permissible placement of buildings, structures, structures;

4) the boundaries of the formed and (or) changeable land plots, the conditional numbers of the formed land plots, including in relation to which their reservation and (or) withdrawal for state or municipal needs are supposed;

5) the boundaries of public easements.

(see text in previous edition)

6.1. When preparing a project for land surveying in order to determine the location of the boundaries of the formed and (or) changing forest areas, their location, boundaries and area are determined taking into account the boundaries and area of ​​​​forest blocks and (or) forest taxation allotments, parts of forest taxation allotments.

7. Materials for the justification of the land surveying project include drawings that display:

1) boundaries of existing land plots;

2) boundaries of zones with special conditions for the use of territories;

3) location of existing capital construction facilities;

4) boundaries of specially protected natural areas;

5) boundaries of territories of objects of cultural heritage;

6) the boundaries of forest areas, district forest areas, forest quarters, forest taxation allotments or parts of forest inventory allotments.

(see text in previous edition)

8. Preparation of land surveying projects is carried out taking into account materials and results engineering surveys in cases where the performance of such engineering surveys for the preparation of documentation for the planning of the territory is required in accordance with this Code. In order to prepare a land surveying project, it is allowed to use materials and results of engineering surveys obtained for the preparation of a planning project for a given territory for no more than five years from the date of their implementation.

9. When preparing a project for land surveying of the territory, the location of the boundaries of the formed and (or) changeable land plots is carried out in accordance with urban planning regulations and norms for the allocation of land plots for specific types of activity, other requirements for formed and (or) changeable land plots established by federal laws and the laws of the subjects Russian Federation, technical regulations, codes of practice.

10. If the development of a land surveying project is carried out in relation to the territory, within the boundaries of which the formation of land plots is provided on the basis of the approved layout of the land plot or land plots on the cadastral plan of the territory, the validity of which has not expired, the location of the boundaries of the land plots in such a project land surveying should correspond to the location of the boundaries of land plots, the formation of which is provided for by this scheme.

11. The project of land surveying, prepared in relation to the territory of a historical settlement, takes into account the elements of the planning structure, the preservation of which is provided for by the legislation on the protection of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation.

12. In case of preparation of a land surveying project located within the boundaries of an element or elements of a planning structure approved by the territory planning project, public discussions or public hearings are not held in the form of a separate document, except for the case of preparing a land surveying project for establishing, changing, canceling red lines in connection with the formation and (or) change of a land plot located within the boundaries of the territory, in respect of which the implementation of activities for the integrated and sustainable development of the territory is not provided, provided that such establishment, change of red lines entail a change in the boundaries of the territory of common use.

(see text in previous edition)

What is a land survey project?

The project, first of all, is a kind of legal documentation for the land. It acts as a scheme that simplifies the process of planning the work of future developments, taking into account the buildings already existing on the territory of the site.

Article 43 of the Town Planning Code of the Russian Federation considers this concept as an auxiliary document establishing the boundaries of territories that will be provided to individuals and legal entities. The purpose of providing land zones is the placement of capital construction facilities.

The Law "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" dated June 25, 2002 No. 73-FZ indicates that in cases where the project affects the territory of a historical settlement, the need to preserve all elements of the planning structure of such sites must be taken into account when creating it .

Electronic card

Survey projects for built-up metropolitan areas can be found at http://eatlas.mos.ru/.

This web page contains a detailed map of the city of Moscow, on which every citizen will be able to get acquainted online with the current boundary projects.

Who develops the documentation?

The initiative to create a land surveying project belongs to state bodies of all levels of government. As a rule, planning documentation is processed by the local administration. For example, in Moscow this function is performed by the Main Architectural and Planning Department.

The local self-government body independently carries out design work or concludes an agreement with an organization whose activities are related to the development of boundary projects and other urban planning documentation.

In order for a legal entity to be entitled to provide project formation services, it must obtain a number of permits. A package of licensing documentation for a legal entity must necessarily contain a set of state certificates and permits established by law that provide the right to perform project documentation.

Map of land surveying: content

The map of the land surveying project includes a number of analytical documents and drawings.

The analytical data of the land surveying map contains the following information:

  • study of economic factors influencing the completion of development;
  • social features of the territory;
  • technical, environmental and cultural features of the area under consideration.

This information helps to optimally equip the boundaries of land zones. Convenient arrangement necessary for proper preparation urban planning plans for those areas that are intended for construction.

Survey map drawings should display information such as:

  • Red lines included in the land plot planning project.
  • Indentation lines from red lines, displayed to establish territories in which any structures can be placed.
  • Border lines being formed land areas and built-up areas within these territories, which may contain linear objects, for example, main pipelines, car roads.
  • Dimensions of zonal plots intended for capital construction.
  • The boundaries of areas recognized as containing objects of cultural heritage, which usually include architectural and archaeological monuments.
  • Areas of territories with special conditions of use, that is, lands on which water protection zones are located, railways, main pipelines, objects of the gas supply system and power grid facilities.
  • Lands of zones where public easements operate, for example, sites for drainage works, areas for driving and grazing farm animals, areas used for hunting and fishing.

Survey project and land planning project

The planning project is an important element of urban planning documentation, developed in conjunction with the land surveying project.

This document is intended to establish a list of elements of the planning structure and regulate the parameters of their development.

So, the planning project contains:

  • drawings of road lines, streets, passages, infrastructure and capital construction;
  • regulations on the location of buildings on the land plot and their density, transport routes, engineering and social security of the zone.

Usually, an explanatory note by the manufacturer is attached to the territory planning project, where certain provisions are fixed that consider issues of protecting land from emergencies, ensuring fire safety, fixing plans for civil defense operations.

The explanatory note contains clear parameters of the planned construction works, including data on engineering and technical support systems for the population, types of transport and social services.

The planning project is inextricably linked with the territorial zone surveying project, these two documents must be coordinated with each other. The survey project is based on the schemes specified in the planning project.

Documents required to create a project

To create a land surveying project, the contractor will need the following package of documents for the land:

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  • Planning project.
  • Draft master plan of the land plot, including the layout of gas supply, electricity, water supply and heat supply facilities, as well as the boundaries of common areas and objects with a special mode of use.
  • Cadastral passport.
  • Topographic survey on a land plot, with which you can identify the location of buildings, ground, underground utilities and terrain.

Stages and terms of the formation of the project of land surveying of the territorial zone

  1. Order of the authorized state body for the development of a project for surveying the zone

    The order to prepare the project is taken by the head of the local administration.

    The reasons for this decision may be the following:

    • The initiative of the local government.
    • Land tenant application.
    • Written proposal of other interested persons.
  2. Project development

    Executor

    Design works are carried out by cadastral engineers of state bodies or specialized legal entities.

    Organizations receive the right to create a project through the conclusion of a municipal contract in accordance with the Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" dated 05.04.2013 No. 44-FZ.

    Exception from general rules provides for the conclusion of agreements with persons conducting design in leased areas intended for integrated development in order to housing construction, and zones in respect of which an agreement on the development of a built-up area has been concluded.

    The survey project includes the main part and materials for its justification. The development of a land surveying project includes work on the preparation of calculation materials, graphic documentation, substantiation of land boundary points, technical and economic indicators of the survey project.

    The average duration of design work takes from 2 to 4 weeks. All created documentation must meet the requirements of urban planning legislation.
    Finished project subject to agreement by the participants in the shared ownership of the land.

    All persons participating in the approval procedure are invited by means of notices. Data on the coordination is subject to publication in the print media.

    Requirements for a boundary project

    The list of criteria for compliance of documentation with the norms regulated by domestic law is contained in the Order of the Ministry of Economic Development of Russia of 03.08.2011 N388.

    They approve standard form project and regulate the presence in the project:

    • information about the customer;
    • information about the executor of the project;
    • explanatory note;
    • initial land data;
    • data on the created parts of the site;
    • site access information;
    • a graphic plan that contains a project plan;
    • application including:
      • o objections of interested parties regarding the size and location of the boundaries of the territories under consideration and their shares;
      • conclusions of the cadastral engineer regarding the objections received;
      • conclusions of the cadastral engineer on the absence of objections;
      • copies of documents of title to the land;
      • copies of notices on the approval of the survey project.
  3. Coordination of the project with local authorities

    Verification of the project by the authorities exercising control in the field of urban planning and architecture continues for 30 days from the date of its submission.

    In the process of familiarization and analysis of the provided data, officials check the compliance of the project with the standards:

    After verification, the municipal authority sets a date for public hearings at which the proposed planning and survey projects will be considered.

    Such decisions are published in printed and electronic sources of information. Interested parties receive notices of hearings, which indicate the date and time of the event.

    The law does not prohibit the presence at the hearings of all interested persons, right holders of land territories and buildings located on them, as well as persons residing in the territories of lands in respect of which land survey projects have been developed.

    The result of checking the survey documentation is:

    1. The decision to send papers on planning and land surveying to the head of the settlement.
    2. The decision to reject the project and return it for revision.
    One of these decisions is publicly announced at a hearing held by the municipal government.

The cost of developing a land surveying project

The amount to be spent by the documentation customer is determined depending on a number of factors.

In each specific case, the price of a land surveying project is calculated individually depending on the scope of work, the area of ​​the object, the complexity of the design task and the types of objects to be erected.

For example, there are the following types of objects for which planning and land surveying projects are being developed:

  • Health facilities.
  • Public buildings.
  • Hotels, tourist centers, sanatoriums.
  • Multi-apartment residential buildings.
  • Agricultural premises.
  • Warehouse buildings.
  • Industrial objects.
  • Sports objects.
  • Schools, preschool institutions.

Problems in the development of boundary documentation

It is noted that the land surveying procedures carried out at the beginning of the last century were rather unsystematic. Unfortunately, the architects allowed the practice of random arrangement of configurations of objects located on territorial plots.

The designers showed the least care in planning industrial zones. There is a loss of planning cleanliness during the design.

Many plans made more than 5 years ago contain conflicting data regarding the location of the red lines. A large number of schemes for zonal sections of Moscow and St. Petersburg are ignored existing borders. It is noted that there are plans for plots formed along the edge of the foundation, that is, at the border of the plane on which the elevated structure of buildings stands.

Such violations speak of ignorance, carelessness and negligence of the performers who were engaged in the development of land surveying projects.

Thus, there is an urgent need to reform urban planning and land legislation in order to establish a more systematized and interconnected set of norms that regulate the mechanism for creating a land surveying project.

ST 43 GrK RF.

1. The preparation of a land surveying project is carried out in relation to the territory located within the boundaries of one or more adjacent elements of the planning structure, the boundaries of the territorial zone determined by the land use and development rules and (or) the boundaries of the territorial planning scheme of the municipal district, the master plan of the settlement, urban district of the functional zone .

2. Preparation of the project of land surveying is carried out for:

1) determining the location of the boundaries of the formed and changed land plots;

2) establishing, changing, canceling red lines for built-up areas within whose boundaries it is not planned to place new capital construction facilities, as well as for establishing, changing, canceling red lines in connection with the formation and (or) change of a land plot located within the boundaries of the territory , in relation to which the implementation of activities for the integrated and sustainable development of the territory is not provided, provided that such establishment, change, cancellation entail only a change in the boundaries of the territory of common use.

3. The project of land surveying of the territory consists of the main part, which is subject to approval, and materials to justify this project.

4. The main part of the territory surveying project includes a text part and drawings of the territory surveying.

5. The text part of the territory surveying project includes:

1) a list and information about the area of ​​land plots to be formed, including possible ways of their formation;

2) a list and information on the area of ​​land plots to be formed, which will be classified as common areas or common property, including in respect of which reservation and (or) withdrawal for state or municipal needs are expected;

3) the type of permitted use of the formed land plots in accordance with the territory planning project in the cases provided for by this Code;

4) the purpose of the forests, the type (types) of permitted use of the forest area, the quantitative and qualitative characteristics of the forest area, information about the location of the forest area within the boundaries of especially protective forest areas (in the event that the preparation of a land surveying project is carried out in order to determine the location of the boundaries of the formed and (or) modified forest areas);

5) information about the boundaries of the territory in respect of which the land survey project is approved, containing a list of coordinates of the characteristic points of these boundaries in the coordinate system used to maintain the Unified State Register of Real Estate. The coordinates of the characteristic points of the borders of the territory in respect of which the survey project is approved are determined in accordance with the requirements for the accuracy of determining the coordinates of the characteristic points of the borders established in accordance with this Code for territorial zones.

6. On the drawings of the land surveying are displayed:

1) the boundaries of the planned (if the preparation of the land surveying project is carried out as part of the territory planning project) and existing elements of the planning structure;

2) red lines approved as part of the territory planning project, or red lines approved, changed by the territory surveying project in accordance with clause 2 of part 2 of this article;

3) indentation lines from the red lines in order to determine the places of permissible placement of buildings, structures, structures;

4) the boundaries of the formed and (or) changeable land plots, the conditional numbers of the formed land plots, including in relation to which their reservation and (or) withdrawal for state or municipal needs are supposed;

5) the boundaries of public easements.

6.1. When preparing a project for land surveying in order to determine the location of the boundaries of the formed and (or) changing forest areas, their location, boundaries and area are determined taking into account the boundaries and area of ​​​​forest blocks and (or) forest taxation allotments, parts of forest taxation allotments.

7. Materials for the justification of the land surveying project include drawings that display:

1) boundaries of existing land plots;

2) boundaries of zones with special conditions for the use of territories;

3) location of existing capital construction facilities;

4) boundaries of specially protected natural areas;

5) boundaries of territories of objects of cultural heritage;

6) the boundaries of forest areas, district forest areas, forest quarters, forest taxation allotments or parts of forest inventory allotments.

8. The preparation of land surveying projects is carried out taking into account the materials and results of engineering surveys in cases where such engineering surveys are required in accordance with this Code for the preparation of documentation for planning the territory. In order to prepare a land surveying project, it is allowed to use materials and results of engineering surveys obtained for the preparation of a planning project for a given territory for no more than five years from the date of their implementation.

9. When preparing a project for land surveying of the territory, the location of the boundaries of the formed and (or) changeable land plots is carried out in accordance with urban planning regulations and norms for the allocation of land plots for specific types of activity, other requirements for formed and (or) changeable land plots established by federal laws and laws of the subjects of the Russian Federation, technical regulations, codes of practice.

10. If the development of a land surveying project is carried out in relation to the territory, within the boundaries of which the formation of land plots is provided on the basis of the approved layout of the land plot or land plots on the cadastral plan of the territory, the validity of which has not expired, the location of the boundaries of the land plots in such a project land surveying should correspond to the location of the boundaries of land plots, the formation of which is provided for by this scheme.

11. The project of land surveying, prepared in relation to the territory of a historical settlement, takes into account the elements of the planning structure, the preservation of which is provided for by the legislation on the protection of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation.

12. In case of preparation of a land surveying project located within the boundaries of an element or elements of a planning structure approved by the territory planning project, public discussions or public hearings are not held in the form of a separate document, except for the case of preparing a land surveying project for establishing, changing, canceling red lines in connection with the formation and (or) change of a land plot located within the boundaries of the territory, in respect of which the implementation of activities for the integrated and sustainable development of the territory is not provided, provided that such establishment, change of red lines entail a change in the boundaries of the territory of common use.

Commentary on Art. 43 of the Town Planning Code of the Russian Federation

1. Land surveying projects are a project document through which the process of implementing specific urban planning measures takes place, while respecting the interests of a large number of developers and owners. The design survey is carried out in such a way that the implementation of urban planning activities takes place with clear identified and specified parameters of activity (the size of objects of various sizes, the degree of fragmentation of the territory; the amount of resources required for development (reconstruction); the number of owners (tenants)). In land surveying projects, the process of differentiation of a large fragment of the territory into separate, relatively small land plots, commensurate with the available resources, acquires a corresponding legal basis.

The fundamental meaning of a smaller (perspective) division of territorial elements in comparison with the enlarged (existing) one is determined by the fact that the planned division of territories into separate land plots from an urban planning point of view is carried out in the direction of the expedient and rational development (use) of the territory, and also by the fact that individual land plots are identified with specific users.

According to Article 43 of the Civil Code of the Russian Federation, land surveying limits the desire of many landowners to initiate changes in the configuration of land plots to the detriment of state interests and the interests of the municipality (its current existence and development). One of the reasons for the problems of the accuracy of the removal of the formed boundaries of the plots is the need to divide the existing land plots between their owners according to the shares allocated in court.

The choice of fragments of the territory of the municipality, potentially capable of becoming land surveying objects, cannot be carried out in advance (in advance) due to the fact that the existing urban planning situations are diverse. Therefore, it is not possible to have in advance many different options for sites with collected information regarding their current state and features of urban development. Thus, for sections that differ in size, length, configuration, planning features, in each individual case, it is necessary to carry out individual design and pre-design developments. This greatly complicates the procedure for project surveying, and does not contribute to land surveying as a mass phenomenon. As a rule, a limited number of such fragments of the territory are allocated for land surveying, which differ in problematic urban planning situations. Along with this, it is extremely difficult to obtain preliminary complete and accurate information about which category a fragment of the territory can potentially be classified into: it can be classified as a residential area, an inter-main territory, a microdistrict, a block, an embankment, a territory industrial enterprise. In this regard, it is also difficult to obtain a universal methodological scheme for the development of a land surveying project that is equally applicable to various urban planning situations.

Surveying is an effective means of normalizing and streamlining urban planning and economic processes that may occur over time in the territory as a result of a possible increase in the number of developers. Fragments of the territory in the process of development can acquire an unreasonably complex configuration and create difficulties in achieving the goals of rational arrangement (spatial organization) of territories, which significantly reduces the investment attractiveness of the territories.

Thanks to land surveying, both existing and possible claims of owners to adjacent plots are settled. The problematic environment is not capable of serving as a source of attracting and investing investment resources. In order to initiate investment (urban planning) activity, it is necessary to have guarantees to protect the actions of investors.

Responding to such problematic situations, surveying identifies the most promising fragments of the territory and at the same time establishes the relationship of land plots within certain boundaries (objects of use) and owners, land users and tenants (subjects of use). Without a land surveying project, land management authorities do not have legal grounds for the formation of land plots on the ground, the result of which is the deterioration of the attractiveness of the territories of municipalities. Land surveying allows you to competently organize the territory, being at the same time a predictive tool for managing the development of its individual parts, identifying potentially problematic fragments in terms of development (over time, such a need is recognized, but subsequently more resources and time are required to overcome them).

2. Surveying project - urban planning documentation on the planning of territories of municipalities, establishing the design boundaries of surveying (separation) of the territory with the allocation of boundaries of land plots, the boundaries of action and the content of restrictions (encumbrances) on the use of a land plot and public easements in accordance with the red lines, other lines of urban planning regulation. The basis for the development of land surveying projects is the documentation of territorial planning, urban zoning, land use and development rules, regional and local standards for urban planning.

Land surveying projects are developed for the following purposes: efficient use of built-up and development areas and improvement of their improvement; reasonable fixing and transfer of land plots into ownership, lease to individuals and legal entities; regulation of land use and development on the territory; full and justified taxation.

Land surveying projects can be developed for fragments of the territory that differ in degree and features of urban development, such as built-up and development areas.

Land surveying projects can be developed in different ways: either on the basis of territorial planning projects, or as part of them. Projects of this type correspond to various objects of urban planning. For land surveying projects, it is customary to use the term "planning units" in relation to the territory. Planning units are understood as stable territorial elements of the planning structure, characterized by a high degree connectivity of life processes (neighborhood, city block, park, other compact array of city territories), the allocation of which is of a substantive nature and for which territory planning projects are being developed that identify the red lines of development.

In addition, the presence of land surveying projects is necessary in the development of land management documentation for the procedure for establishing the boundaries of land plots on the ground and conducting cadastral registration, as well as in the development (adjustment) of urban planning documentation for the planning of the territory and as the main material for organizing architectural and construction design.

3. The main and mandatory elements of land surveying projects are the boundaries of land plots.

When developing land surveying projects, the following requirements are observed: the boundaries of the designed land plots are established depending on the functional purpose of the territorial zone and ensuring the conditions for the operation of real estate objects, including driveways, passages to them; the boundaries of existing land uses in the development of land surveying schemes are not subject to change, except in cases of withdrawal of land for state and municipal needs in accordance with the law or with the consent of the land user to change the boundaries of land plots. Territories occupied by transport and engineering communications and structures, as well as public lands are not subject to land surveying. On the territories subject to development, the sizes of land plots are determined in accordance with the standards of urban planning, the norms for the provision of land plots and urban planning regulations established by the rules for land use and development.

When developing land surveying schemes, the boundaries of land plots include territories: under buildings and structures; driveways, pedestrian roads and passages to buildings and structures; open areas for temporary storage of vehicles; adjoining green spaces, playgrounds for recreation and games for children; business sites; sports grounds; reserve territories. For existing and newly formed real estate objects that are jointly owned by several organizations, a single land plot is allocated, the size and boundaries of which are established in accordance with the main functional purpose of the object.

4. In land surveying projects, along with land plots and related rights of real estate owners, parts of the territory encumbered with the rights of third parties (restrictions and easements) are allocated. An easement in the most general case is considered as the right of limited use of someone else's (neighboring) real estate. It is necessary to distinguish between public and private easements. A private easement is established in the interests of one person or a group of persons, and a public easement is established in the interests of an indefinite circle of persons (Article 23 of the Labor Code of the Russian Federation). When developing land surveying projects, previously established public easements are specified. In accordance with them, land users are obliged to ensure: gratuitous and unhindered use of public facilities (pedestrian and motor roads, facilities engineering infrastructure); the possibility of placing boundary and geodetic signs and entrances to them and unhindered access to the site by representatives of the relevant services for the repair of infrastructure facilities and other purposes. The establishment of a public easement is carried out taking into account the results of public hearings.

In some cases, the establishment of a public easement may be incompatible with the existing nature of the urban use of the territory, or difficult. For example, the need to establish a public easement can significantly limit the possibility of using a land plot. In such cases, the procedure provided for by paragraph 7 of Article 23 of the Land Code of the Russian Federation applies, which allows the owner of the land plot, land user, land owner to demand withdrawal, including by redemption, of the land plot from him with compensation for losses by state authorities or local self-government bodies that have established a public easement or providing an equivalent land plot with compensation for losses.

The owner of a plot burdened with a private easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established compensation for the losses incurred by him in the form of monetary compensation (payment) for restrictions on the use of the plot. If the right to a land plot burdened with an easement passes to another person, then the easement established on the plot is preserved. At the request of the owner of the land plot, the easement may be terminated if the grounds on which it was established have changed.

5. When developing a land surveying project, the principles related to procedural issues must be observed: compliance and consistency with documentation at all levels: territorial planning, urban zoning, as well as with design solutions indicated in planning projects; methodical sequence of developments.

In the structure of land surveying projects, textual and graphic materials are distinguished, which in turn include the following materials: situational plan; assessment of the existing town-planning situation; main drawing; layout drawing (if it is stipulated by the task); plan of design boundaries for surveying the land plot (if it is stipulated by the task). The situational plan and assessment of the existing urban situation are the necessary types of work, on the basis of which the main drawing is developed.

The phasing of the survey project is determined by the specifics of this type of work. Survey projects are developed in three main stages: preparatory work; division of the territory of the planning unit into land plots of territories and objects; determination of the boundaries (sizes) of the land plot of the object (group of objects), the boundaries of the action and the maintenance of public and private easements, other restrictions. At each subsequent stage, the developments made at the previous stages are used. Depending on the specifics of the urban development situation, for which it is necessary to carry out a design survey, preparatory work can be different types. The most commonly used in practice are the collection and analysis of initial data, as well as field surveys.

In the process of collecting and analyzing initial data, the following types of information data are used: inventory materials, land surveying and land allotment for construction (according to the land cadastre); current urban planning documentation on development planning and zoning of the territory in relation to specific planning units, project documentation; established legal regime and permitted use of land plots; materials for registration of rights to real estate to identify the actual use of the territory (buildings and structures) and existing rights; data on the functioning of engineering and technical support facilities of the territory is used to establish the security zones of engineering communications, as well as to determine the boundaries of land plots occupied by ground engineering structures.

Field survey data reveal actual changes in the status, departmental subordination, quantitative characteristics (parameters) of the objects of the planning unit, changes in the housing stock and other necessary indicators that are not reflected in the documents listed earlier.

6. Based on the results of the preparatory stage, the territory of the planning unit is divided into land plots of territories and separately located objects. At this stage, the main requirements for determining the design boundaries of land surveying are formulated: ensuring a rational planning organization of the territory, taking into account access from each land plot to public lands, as well as access to engineering and technical infrastructure facilities; the need to prevent the emergence of non-standard and unused land plots (in this case, land plots must cover the territory of the planning unit without gaps and overlaps); establishing the size of land plots within the boundaries of built-up areas, taking into account the actual land use, urban planning standards and the standards that were in force for the period of development of these territories; identification of territories whose sizes do not correspond to the limiting standards established by urban planning and other norms, taking into account the fact that such territories are allocated (reserved) for the construction of real estate objects, provided that the resulting land plot complies with the urban planning regulations; establishment of a norm for the provision of land plots in newly developed territories in accordance with the current federal, regional and municipal regulatory legal acts, as well as the rules for land use and development; determination of the standard sizes of land plots transferred to the common shared ownership of the owners of residential premises apartment buildings; establishing the boundaries of land plots of objects of a planning unit along red lines, the boundaries of adjacent land plots and driveways, natural boundaries, base lines, boundaries of branches of main engineering and transport communications, unless otherwise established by urban planning requirements. Taking into account the above requirements, the design boundaries of the land surveying are determined. After calculating the areas of all land plots of objects and territories of a planning unit, the total balance of the territory of a microdistrict (quarter), another territorial planning element is calculated.

Additional graphic and textual materials of the land surveying project are carried out in the composition determined by the design task to determine the boundaries, sizes of the land plot of the object, a group of objects, as well as to determine the boundaries of public and private easements, other restrictions (encumbrances) on the use of the property.

7. Features of the development of projects for surveying the territory depend on the specifics of the territorial object allocated for surveying. One of the most characteristic types of land surveying projects is the surveying of a quarter and consists of the following operations. Within the quarter (selected territory), the main passages and passages are identified, which it is advisable to give the status of elements of the road network. The territories of these elements are not included in the boundaries of individual parcels. It is required to resolve the issue of accepting them on the balance sheet of the municipality. At the same time, a network of transport and pedestrian microdistrict links is distinguished, which should not disappear with the advent of land boundaries. If the lines of such connections pass through the territories of the allocated sections, they are protected by the corresponding easement.

On the territory, objects of microdistrict improvement are allocated - playgrounds, which are burdened with a public easement that allows residents of neighboring areas to use them. Plots for individual buildings and complexes (kindergartens, schools, etc.) are surveyed as a whole, taking into account their actual land use and the available land allotment. The boundaries for objects that do not have a spot of actual land use or land allocation are the boundaries of adjacent areas, the red lines of the block, the curbstones of the selected driveways and passages, as well as the boundary lines that are established during the design development of the land surveying project.

When establishing the boundaries of land plots on the territory of microdistricts, they proceed from the considerations that, as a result of surveying the territory, such a state should be achieved in which residential buildings will be provided with those territorial elements, without which they normal functioning it is not possible: a land plot constituting the development area of ​​the building (along the blind area); entrances, approaches to the external entrance to the building, connecting it with public transport communications, as well as transport communications that provide fire safety; the minimum necessary adjoining territory, which provides with its presence a guaranteed free air space necessary for lighting, insolation, aeration of residential premises; a territory used for temporary storage of vehicles of residents of the house and their guests, as well as for other economic purposes; landscaped recreational areas for the implementation of recreational tasks for children and adults, including green spaces; engineering communications connecting intra-house engineering networks of buildings and structures located on the site with the corresponding backbone networks.

As part of the land surveying project, when determining the boundaries (sizes) of land plots, individual boundaries are established for plots that are subject to public and private easements and other restrictions.

List of requirements to be followed at the final stage of execution design developments determined by the purpose of land surveying projects. The purpose of the projects largely depends on the territorial object for which the documentation is being developed. Possible differences in the purpose of the documentation are reflected in the specifics of the graphic and textual support of the survey project. The technical features of compiling the materials of the graphic part of the survey project depend on which of the following types of development they belong to: situational plan; base plan; main drawing; breakdown drawing. The text part of the project is usually carried out in the form of an explanatory note, which provides reasoned explanations for graphic materials, as well as applications that brochure the source materials, the results of business correspondence that arose during the implementation of the research project and auxiliary calculations.

Territory Land Surveying Project (LMP)- a special type of urban planning documentation, which is developed in accordance with certain types of activities that require internal surveying of the site. It differs from surveying for the purpose of allotment and is not defined in the cadastral records.

Thanks to the land surveying, a marking of the area is created on which construction or other work is planned, taking into account the creation of a structure on the ground. That is, if the common area is to be divided into the most fractional parts, there is a need to draw up a PMT.

The basis for drawing up the project includes information from the town-planning and architectural plans, which determine the possibilities for transferring the developer's plans to the area. This document coordinates their actions, creating their coherence and harmonious combination actions.

Information from the PMT is available to all interested citizens. Specialized geodetic departments as part of the architectural departments of municipalities put all the information on websites for familiarization with them.

Territory planning project (PPT)- also applies to urban planning documentation. It is directly related to the land surveying project, but unlike it, it has more detailed characteristics, relying on the smallest details of information that take into account the optimal effect of the work planned on the site and minimizing the risk of errors during construction.

In addition, the PPT contains data that goes beyond the site where the internal survey works are planned, it captures the complex context in which the developments of the site must fit.

This document is created in conjunction with the survey project, but includes some additional and quite important information, based on the analysis of which it is possible to subsequently conduct a survey. These include:

  • drawings of linear objects;
  • infrastructure facilities;
  • capital construction projects.

Designated projects are used in the creation of preliminary activities to prepare the site for construction work. Documents can be used not only in the newly allocated empty areas, but also in areas with an already developed structure.

If construction work is planned on an empty site, then the will of the developer has practically no restrictions. However, even here it is necessary to take into account the structure of soils and the possibility of building in accordance with one or another of its features. Almost every owner knows that the features of the land can become an obstacle to its maximum load with capital buildings.

Besides, in some cases, selected areas should harmoniously combine all existing buildings and objects in the same style, determined by the urban context. This function is imputed to these important project documents, obliged to provide for all the nuances of future construction.

An equally important function is played by projects in planning construction work on the territory with already erected capital buildings. Here, the role of design work will be special - to competently fit new buildings into the existing urban planning structure.

In addition to the specific goals pursued by the creation of projects, they carry the general function of the systemic organization of construction.

The systemic formation of construction is of particular importance for large urban complexes.

Capital and regional, as well as some regional urban areas, where land for construction is distinguished by extremely high prices, in the pursuit of profit, they may allow violations in the operation of land under buildings.

In cities such as Moscow and St. Petersburg, there are already quite a lot of such violations. For these cities, the highest requirements for the development of land surveying and planning projects are provided, so that through them not only to comply with the required regulations, but also to correct existing shortcomings.

When are projects needed?

In addition to construction, a boundary project is used in all cases of dividing a site into smaller parts without separation and without putting these parts on cadastral registration. Accordingly, it may be required:

  1. When determining the boundaries of the use of a share of a land plot in common shared ownership, the total array is divided into separate parts.
  2. The part of the site alienated as a result of the encumbrance is delimited from the general territory.

But in these cases, projects are drawn up at the request of the owners. They may be needed and give maximum efficiency to land exploitation, but they are not mandatory.

In addition, there is an interdependence of the need for one project to create another. They carry different information. The basic information provided by the planning project is an auxiliary tool for creating a PMT. And also vice versa. Due to this inseparable interconnection, projects must be coordinated with each other.

The content of design information has the character of a standard. PMT includes a text and cartographic part. In the text part, the table is the central link; it consists in a detailed descriptive and informational message that characterizes the main trends in the survey projected on the ground. It includes the following sections:

  1. Basic provisions.
  2. Basic and private resolutions to the compilation of text and cartographic parts.
  3. Sections of the textual and cartographic part of the PMT, which occupy a significant amount of the project and consist of separate paragraphs and subparagraphs.
  4. Content.

The project begins with a title page, which contains information about the performer of the work and provides a brief overview of its structure and content. Separate information is attached to the project in the form of annexes, and an explanatory note is attached.

Mapping is an important design stage.

It is reproduced on paper. The electronic medium for its creation is the basic system, the context of the site is copied from it in the current content, reflecting the current state of affairs at the time of the drafting.

New design information reflects an existing potential or ideal context, so it is applied to the copy of the interactive map by specialized topographic symbols.

Upon request, project information is applied to the cartographic base manually, always in blue color, in compliance with all the rules specified as requirements for the preparation of the project.

Training requirements

The project is drawn up on the basis of standards and requirements determined by federal law. It is based on the Order of the Ministry of Economic Development of Russia of 03.08.2011 N388.

Items for the preparation of PMT include a number of provisions:

  1. Mapping rules.
  2. Using A-4 sheet format.
  3. Use of appropriate stationery.
  4. Use of Russian language only.
  5. Rules for numbering sheets and using only Arabic numerals.
  6. Special rules for transferring information to the next sheet.
  7. Project items.
  8. The total amount of text.
  9. Rules for the preparation of PMT.

The indicated requirements form the standard procedures for processing data in the PMT for a number of information data:

  • information about the customer and the contractor;
  • according to the content of the explanatory note;
  • according to the cadastral (initial) data of the site;
  • according to cadastral data on the parts of the site to be designed;
  • information on admission to the site of specialists;
  • according to the graphic plan;
  • by applications.

You can order a land surveying project from the local administration, where the town planning committee should be located. He is authorized to plan architectural work, including the preparation of a boundary project.

It is provided by appropriately qualified specialists and licensed in accordance with the requirements of state law. He takes full responsibility for the implementation of the project. In Moscow, the approval of project documentation is carried out in the Main Architectural and Planning Department.

To prepare the PMT, you will have to coordinate it. Prepare a package of documents:

  • territory planning project;
  • sketch of the master plan of the land plot (with communication schemes);
  • cadastral passport of the site;
  • topographic survey of the site.

Thinking about who can perform this work, know that your project must be approved by the head of the local executive committee (administration), at the location of the land intended for the projected work. He is presented with an application submitted by the owner of the site, or a decision of the commission from the architectural or urban planning committee responsible for the preparation of the PMT.

The approval of the project is done through hearings on the basis of the qualification commission appropriate verification. The requirement for approval is the technical compliance with the planned characteristics, as well as the general urban (municipal) plan, presented in a topographical form.

The outcome of the hearing will decide on the issue. It can be both positive and negative, which is due to the objective nature of the situation in the land zone planned for design. Here, it is important to consider a number of factors that can affect seismic processes and the integral background of the landscape.

If there is a negative decision, the reasons for refusal will be detailed in separate paragraphs and supported by expert opinions.

If there are errors or shortcomings in the project that emerged after its preparation and approval, a finalized additional document is attached to the project, where the necessary changes are made. The project itself is not redone.

To prepare the PMT, you can contact an intermediary lawyer who will take care of your efforts. In this case, the listed documents must be accompanied by a power of attorney for a representative, drawn up in a notary's office.

Deadline 30 days, at which time the administrative commission will check the compliance of the site with the planned work and determine the date of the hearing. After the decision is made, it must be reported within 3 days.

Preparation of a land surveying project is carried out on average from 4 to 7 months, depending on the complexity of the work being done. If both projects are running at the same time - terms will be significantly increased.

Payment for the work is made after the permission for the preparation of projects issued to you. The cost of works is determined by their complexity and volume, and accordingly - is set in each case individually.

When using the services of an intermediary, the preparation of a land surveying project in licensed companies is estimated from 30,000 rubles, the remaining elements necessary for the preparation of the project are calculated additionally. Do you need land surveying - read.

This project is the basis for the formation of a survey project on its basis and is made in a similar way. The basis for its production will be your application to the local authorities. It must be prepared before you start preparing a survey project or together with it.

If you apply to the local administration for the preparation of both projects, then the algorithm of actions will be the same for the boundary plan and the planning project, as one of the stages in creating a coherent basic picture for the subsequent demarcation of territories, taking into account the data specified in the planning.

Since the PPT is basic, before proceeding with its preparation, it is necessary to find out whether the planned type of development is allowed on your site in accordance with the Master Plan. If allowed, you can apply to the authorities for the preparation of the project.

Keep in mind that the production of a planning project has a legal effect almost equal to the building permit issued to you. Therefore, the municipality approaches its manufacture with particular care.

Accordingly, in order to create a PPT, you will have to collect a large number of documents. These include:

  • architectural and planning task;
  • certificate of connection to the power grid;
  • terms of reference for design;
  • urban planning conclusion;
  • topographic survey;
  • title documents for the site.

In addition, other documents may be requested in accordance with the specifics of the planning goals. These documents will need to be accompanied by the permission of the administration after it is issued.

Agreement must be made:

  • with the administration of the municipality;
  • chief architect;
  • engineering services.

In some cases, they may require approval from the Committee for Cultural Heritage Affairs and the Department of Natural Resources Protection. Coordination is carried out by the customer.

The terms of execution and the cost of work depends on the area of ​​the territory for which the PPT is drawn up. For multi-storey housing PPT for plots:

  • up to 5 hectares - 400,000 rubles in total - a period of 20 working days;
  • 5-20 hectares - 80,000 rubles per 1 hectare - a period of 25 working days;
  • 20-50 hectares - 75,000 rubles per 1 hectare - a period of 25 working days;
  • more than 50 hectares - 65,000 rubles per 1 hectare - a period of 30 working days.

For holiday villages and low-rise buildings:

  • up to 10 hectares - 350,000 rubles in total - a period of 20 working days;
  • 10-50 hectares - 32,000 rubles per 1 hectare - a period of 25 working days;
  • more than 50 hectares - 30,000 rubles per 1 hectare - a period of 30 working days.

The price is indicated without VAT.

You can download a sample survey project.

A sample plan project.

Conclusion

As you can see, the process of preparing the PMT and PPT is quite laborious, but its importance can hardly be overestimated, especially when it comes to large-scale developments.

As a rule, participants in collective ownership pay for this work jointly, which does not greatly affect the budget of summer residents.

And in the construction of new buildings - the cost of work is included in the total cost of apartments provided to residents. With participation in shared construction first of all, it is necessary to check with the developer for the availability of PPT, without which he does not have the right to purchase investments for future construction

To begin with, I would like to say that the land surveying of the territory is regulated by the Town Planning Code of the Russian Federation, namely Chapter 5, Articles 41-46. You can read these articles by clicking on link.

The project of land surveying, what is generally meant by this? A land surveying project is a plan, a scheme for planning a territory. The land surveying project is prepared for the formed land plots that are already built up or are to be built up. Also, a land surveying project can be prepared for variable land plots, for example, by combining several land plots into one, or, conversely, when allocating a share.
The land surveying project is necessary to determine the boundaries of built-up areas on the ground, and to separate them from those that are still free. If we talk specifically about the land surveying project, then it is regulated by Article 43 of the Town Planning Code of the Russian Federation.

What information does the project of land surveying contain?

To begin with, I would like to say that the land surveying project consists of drawings. And the drawing, in turn, contains the following information:

The drawing shows the boundaries of already built-up land;

The territory itself is marked with red lines;

The boundaries of the plots intended for distribution to individuals and legal entities are shown;

Boundaries are drawn for objects of social importance (kindergartens, schools, hospitals…);

The territory for cultural objects is designated;

Zones for special land use have been identified;

A place has been allocated for the construction of capital facilities.

Development and approval of the project of land surveying

The development of a land surveying project begins with obtaining permission for this from the local authorities. AT without fail this permission must be published on the website of the government administration and in local newspapers;

The next step will be the development of the documentation for the planning of this territory. Each interested resident can offer his own version of the development of events;

The drawn project must be coordinated with the executive and local authorities;

A draft agreed with the authorities is subject to public hearings;

And the final stage will be the approval of the project by the head of the district, settlement, city.

Terms of development and approval of the project of land surveying

Coordination and development of the project is not a quick matter, and takes about six months or a year, it all depends on the regulations of a given city or town district. The development of the project itself takes about a month. Then within a month it should be published for local residents. Coordination with the local administration takes about 1 more month. Public hearings can last from 1 to 3 months. And the final stage, the approval of the project by the head of the settlement, is also about 1-2 months.

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