capital construction includes the activities of interested parties, such as government bodies, individuals and legal entities, bodies local government, whose activities are aimed at improving the already erected and the construction of new buildings and facilities.
capital construction can be confidently called the most important branch of production, the foundation for the growth and development of other sectors of the state, is the main resource for expanding reproduction. This construction also includes the implementation of design and prospecting work, preparation of the necessary technical documentation for the future implementation of construction, commissioning, installation and other necessary capital works.
The process of construction of new industrial and non-industrial facilities, expansion and reconstruction, technical re-equipment and modernization of existing facilities and is a capital construction .
With the help of this type of construction, worn-out objects are updated.
capital construction usually carried out in several stages:
- Economic and technical confirmation of construction
- Technical and engineering surveys
- Create a project
- Organization of construction and its process
- Site preparation for construction, erection of temporary structures
- Implementation of the main construction
- Commissioning
There are also 2 ways to implement work when capital construction:
- Contracting. It takes place at the conclusion of a contract of employment (in a row), and the construction itself is carried out by companies, organizations, employees specializing in this;
- Economic. With this method of construction, all the necessary and component work is carried out on their own.
Investments in capital construction and capital construction itself closely interact with each other. Capital investments are a source of finance for the direct implementation of construction.
Capital investments usually include the following costs:
- The cost of inventory and equipment necessary for construction,
- The cost of construction work
- The cost of creating projects and estimates,
- Installation cost
- Miscellaneous costs for workers performing construction and process management.
capital construction also divided into types. Below are capital construction and its types:
- New construction - with this type of construction, a completely new object is being built, on a new site,
- Expansion of an existing facility - in this case, the expansion of existing facilities is carried out by constructing a new building on the territory of the previous one,
- Reconstruction - modernization of existing structures. With this type of capital construction, expansion usually does not occur, the technical level is improved, the facility is reorganized,
- Technical re-equipment - this procedure is similar to reconstruction, but during technical re-equipment, the quality of the technical nature of individual sections of the facility is improved.
in Russia capital construction has more than 120 thousand construction and design enterprises and organizations. Approximately 5 million people are involved in this industry, which is equal to 10% of the total number of able-bodied population employed in the national economy.
Main features capital construction the following features can be mentioned:
- If we compare construction with industrial production, the products of construction are immovable and their use takes place at the place of creation. Resources and construction tools move after the completion of work and perform the process of creating a new object again. This feature involves special forms of management and organization in order to minimize the loss of time and other costs for the transportation of equipment and workers.
- The construction process takes a long period of time, not only months, but even years can be spent on the construction of a large object. Such a long period of labor involves labor and various means of technology in construction.
- Construction is connected with several sectors of the economy and other organizations and firms. For example, materials are needed during construction, and here begins the relationship with organizations that supply or create the raw materials necessary for construction. Construction interacts with firms and associations of various industries, carrying out activities to order according to the plans of customer organizations.
capital construction significant and necessary phenomenon for the state and people. With the help of construction, goals are achieved in improving the conditions of objects already erected and new buildings and objects of public use are created.
For the first time, the legal definition of the category “capital construction object” (hereinafter referred to as CCS) was introduced by the Civil Code of the Russian Federation. It should be noted that the category of OKS operates not only in urban planning legislation, but also in the legislation of other branches of law. In particular, this applies to the civil law sphere, land, forestry legislation and other industries. That is why it is so important to understand the essence of this definition, to have a clear idea of what exactly the legislator means by OKS.
In accordance with paragraph 10 of Article 1 of the Civil Code of the Russian Federation, OKS is a building, structure, structure, objects whose construction is not completed (i.e., objects of construction in progress), with the exception of temporary buildings, kiosks, sheds and other similar buildings. At its core, this provision is not a definition as such due to the fact that it does not contain the essential characteristics of this category, but is reduced only to a list of objects related to the CCS.
So, buildings, structures, structures, objects of construction in progress are classified as ACS. The listed objects are nothing more than a variety of real estate, therefore, they must also have all the signs of real estate. Part one Art. 130 of the Civil Code of the Russian Federation, real estate (real estate, real estate) includes land plots, subsoil plots and everything that is firmly connected with land, that is, objects that cannot be moved without disproportionate damage to their purpose, including buildings, structures, objects of construction in progress . According to the same article, immovable things also include aircraft and sea vessels subject to state registration, inland navigation vessels, and space objects. Other property may also be classified as immovable by law.
Firstly, from this norm it is possible to deduce the characteristic features of real estate: an inseparable connection with the land, movement impossible without disproportionate damage to their purpose, mandatory state registration. These are the signs that are directly spelled out in the provision of Art. 130 of the Civil Code of the Russian Federation. But, besides them, there are others. In particular, the obligatory state registration of real estate objects and the inclusion of aircraft and sea vessels, inland navigation vessels, space objects as an exception indicates the degree of social, economic and other significance of real estate, its high cost and special conditions of civil circulation. Based on the foregoing, it can be deduced the following signs real estate:
- inseparable connection with the earth;
- the impossibility of moving without causing disproportionate damage to their purpose;
- mandatory state registration;
- high price;
- a high degree of social, economic and other significance.
Secondly, this norm directly lists those real estate objects (buildings, structures, construction in progress), which, in accordance with the Civil Code of the Russian Federation, are nothing more than OKS. But in order to finally determine the nature of the ACS and to attribute or not to attribute the ACS to the types of real estate objects, it is necessary to understand such a concept as “capital construction”.
The legislation of the Russian Federation does not contain a legal definition of this category. CRC RF in Art. 1, devoted to the main concepts used in the code, gives an interpretation only of the term "construction", which means the creation of buildings, structures, structures. Otherwise this definition can be represented as follows: construction is the creation of capital construction projects. Not very clear, right? The category “capital construction” is not explained anywhere at all, although the legislation, including the Civil Code of the Russian Federation, actively operates with it. This is apparently explained by the fact that this term has an economic nature and has nothing to do with construction as an activity for the construction of objects. In accordance with the Modern Economic Dictionary, capital construction is the process of creating and reconstructing fixed assets by carrying out construction work; one of the main forms of use of capital investments, investments. Enough abstract definition, from which it is difficult to derive essential characteristics. Dictionary Russian language S. I. Ozhegov contains the following definition of the category "capital": basic, radical, very important; capital construction - the construction of new enterprises, residential buildings, etc. From the foregoing, we can conclude that capital construction (in this context) is the activity of building real estate. The question arises: why do we use the term "capital construction" and not "construction" in general? In my opinion, this is due to the fact that "construction" as an activity extends not only to the construction of real estate, but also to reconstruction, repair, and not necessarily only in relation to real estate as such.
From all of the above, it follows that the ACS are varieties of real estate, therefore, they have all the features of real estate.
In this regard, the question of the nature of various kinds of underground structures is also of interest. This topic is quite relevant for a number of reasons: the development of new technologies, innovative architectural solutions, the search for "investment soil", as well as the problem of lack of territory free from development, which is quite relevant for large metropolitan areas, and at the same time the need to locate certain objects.
When we are talking on underground structures, legal regulation will be comprehensive. It should be considered in the aggregate the norms of urban planning, civil, land legislation, as well as subsoil legislation, which is a kind of starting point and guideline in the regulation of this kind of objects in general. Due to the peculiarity, high degree of importance of this sphere, the level of its legal regulation is federal.
Subsoil is a type of real estate, which follows primarily from Art. 130 of the Civil Code of the Russian Federation. The key question of this topic is: do underground structures belong to capital construction projects?
The legislation of the Russian Federation contains the following definitions of the term "structure":
Structures include engineering and construction facilities designed to create the conditions necessary for the implementation of the production process by performing certain technical functions that are not related to changing the objects of labor, or for performing various non-production functions: transport facilities (roads and railways for intra-plant purposes , overpasses, etc.), transmission devices (power lines, pipelines and other transmission devices that have independent significance and are not integral part buildings or structures, etc.), hydraulic structures (dams, pools, cooling towers, etc.), storage facilities (all kinds of reservoirs, tanks, etc.), mine shafts, oil wells, etc. (“Regulations on the procedure for economic stimulation of the mobilization preparation of the economy”, approved by the Ministry of Economic Development of the Russian Federation No. GG-181, the Ministry of Finance of the Russian Federation No. 13-6-5 / 9564, the Ministry of Taxes of the Russian Federation No. BG-18-01 / 3 02.12.2002);
Structures - engineering and construction objects, the purpose of which is to create the conditions necessary for the implementation of the production process by performing certain technical functions that are not related to changing the object of labor, or for the implementation of various non-production functions ("All-Russian classifier of fixed assets" OK 013-94 , approved by Decree of the State Standard of the Russian Federation of December 26, 1994 No. 359).
From the foregoing, we can conclude that structures are commonly understood as various kinds of objects that have a security function and are additional, which do not have independent significance when considered outside the relationship with the main object. This is quite logical in relation to underground utilities of various kinds, taking into account the fact that linear objects also belong to the OKS. Structures can also be presented as a certain isolated space, not intended for long-term stay of people in them, and also having a secondary security function (for example, for placing equipment).
Only the term “structures” is considered by the legislator in connection with the definition of “underground”. The legislation does not contain such categories as “underground building” or “underground structure”.
On the one hand, this is quite logical:
1) buildings are architectural and construction objects, the purpose of which is to create conditions for work, social and cultural services for the population and storage material assets. Buildings have walls and a roof as their main structural parts (“All-Russian Classifier of Fixed Assets” OK 013-94, approved by Decree of the State Standard of the Russian Federation of December 26, 1994 No. 359);
2) building - a separately constructed building, a house consisting of one or more parts, as a whole, as well as service buildings (Order of the Ministry of Land Construction of the Russian Federation dated 04.08.1998 No. Russian Federation»).
Underground objects do not fall under these categories based on their (categories) species characteristics, as well as some kind of "physical", "material" features. An underground object, by virtue of its nature, cannot be inherent in the structural parts of a building or structure. As for the functional features, based only on these considerations, the existence of underground buildings and structures, no matter how surprising it may sound, is quite possible and exists in practice: the subway, underground parking lots, the practice of placing underground, practiced in large metropolitan areas, along with the usual pedestrian crossings various kinds of public catering facilities in the form of individual cafes and restaurants, as well as facilities retail as individual stores. As an example, one can also cite military and regime facilities: bunkers, bomb shelters, etc. You should also not forget about the structural parts of the building (for example, basements), which are not ACS in the full sense of the word, since they are considered only in relation to the main object, but, despite this, all the functions of the main object are inherent in it, i.e. buildings. This type of space is often used to house sports clubs, shops, catering facilities, etc.
All of the above indicates the existence of gaps and conflicts in the legislation of the Russian Federation regarding the regulation of issues related to underground structures: legally, they cannot perform the functions inherent in buildings and structures, since they do not have the proper features inherent in the latter, but in fact they perform them, although within the framework of their peculiar legal status (structure), this is simply impossible.
In addition, an underground structure, as well as any object material world, wear is inherent. Further operation of such facilities can lead to a real threat to human life and health, as well as property. Is it possible to use the term “dilapidation” in relation to the category of “underground structures”, which was originally inherent in buildings and structures (the dilapidated state of a building is a state in which the structure of the building and the building as a whole has wear and tear: for stone houses - over 70%, wooden houses with walls made of local materials, as well as attics - over 65%, the main load-bearing structures retain strength sufficient to ensure the stability of the building, but the building ceases to meet the specified operational requirements (" Toolkit maintenance and repair of housing stock. MDK 2-04.2004")
On this moment There were no particularly acute situations related to the regulation of this issue. This is connected, in my opinion, with their sufficient rarity. The construction of metro networks is carried out and controlled by federal authorities, underground garages and parking lots, as well as other kinds of underground facilities, were encountered in practice, as a rule, only in the territories of federal cities (Moscow, St. Petersburg), and this is still a slightly different level of regulation. However, in Lately objects of this kind began to appear in other cities of the Russian Federation, which in turn leads to the need for more precise legal regulation of this area.
One of the main problems of legislative regulation of ACS is the lack of proper classification of ACS into federal, regional and local ACS. In Art. 10.14 and 19, 23 of the Civil Code of the Russian Federation contains transfers of OKS of federal, regional and local significance, respectively. These provisions are only a listing of the relevant objects, and this, in turn, cannot be called a classification, since there is no proper basis on which it was carried out. In addition, all these norms contain the following phrase: "... and other objects, the placement of which is necessary for the exercise of powers ...", that is, the list is open. I think, on the basis of all of the above, the classification proposed by the legislator needs to be improved, at least its basis must be indicated.
First of all, it is necessary to decide what our legislator still has in mind when speaking about ACS of federal, regional or local significance.
Logically, we can assume that PACs of federal, regional or local significance are somehow connected with the solution of issues of federal, regional and local significance, respectively.
According to Art. 2 FZ dated 06.10.2003 No. 131-FZ “On general principles organizations of local self-government in the Russian Federation "issues of local importance - these are issues of direct support for the livelihoods of the population municipality, the decision of which, in accordance with the Constitution of the Russian Federation and this Federal Law (that is, Federal Law No. 131-FZ), is carried out by the population and (or) local governments independently. If we abstract from the official interpretation of the category “issues of local importance” given in the legislation, and turn to the lexical interpretation, then the meaning will be as follows: issues of local importance are circumstances public life that are important for the population of the municipality, the regulation of which depends (is carried out) on local governments. The point is precisely this.
The legislation does not provide definitions for issues of federal and regional significance, but they can be derived by analogy. Thus, issues of federal significance should be understood as issues of ensuring the vital activity of the population of the Russian Federation, the solution of which is carried out by federal state authorities. The issues of regional significance, respectively, are the issues of ensuring the vital activity of the population of the subject of the Russian Federation, the solution of which is carried out by the state authorities of the subject.
So, with the "questions" everything is more or less clear. Now we need to associate these categories with the CCS. In my opinion, the only possible logical connection between them is that CSOs are in some way one of the means, ways of resolving issues of one meaning or another. But these are not direct methods of solving them, but indirect, auxiliary ones.
Based on the foregoing, it is possible to deduce the definitions of the CCS of one or another value:
- OKS of federal significance is a building, structure, structure, construction in progress, intended to perform an auxiliary security function in that area public relations, the regulation of which is within the jurisdiction of the Russian Federation, that is, serving the purposes of exercising the powers of federal authorities and / or controlled by them;
- OKS of regional significance is a building, structure, structure, construction in progress, intended to perform an auxiliary security function in that area of public relations, the regulation of which is within the jurisdiction of the constituent entities of the Russian Federation, that is, serving the purposes of exercising the powers of state authorities of the constituent entities of the Russian Federation and / or controlled them;
- ACS of local importance is a building, structure, structure, construction in progress, intended to perform an auxiliary security function in that area of public relations, the regulation of which is the responsibility of local governments of the Russian Federation, that is, serving the purposes of exercising the powers of the CHI and / or controlled by them.
As I have already said, the main issue of legislative regulation of ACS is the question of the basis for the classification of ACS into ACS of federal, regional and local significance. In my opinion, the most rational solution to this issue is to use as a basis the areas of jurisdiction of the Russian Federation, subjects of the Russian Federation and CHI, respectively. In principle, the Civil Code of the Russian Federation speaks about this, but its provisions need some improvement.
The areas of jurisdiction of the Russian Federation are indicated in Article 71 of the Constitution of the Russian Federation, CHI - in the Federal Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", the powers of the bodies of the constituent entities of the Russian Federation can be derived on a residual basis. In addition, when determining the level of belonging of the CCS to the jurisdiction of a particular body, it is necessary to take into account the territorial criterion. In particular, this applies to medical institutions, housing facilities, etc.
Based on the foregoing, it is possible to derive a classification of the ACS of the corresponding value (Appendix).
An interesting and rather problematic is also the question of the relationship and possible interdependence of the classification of the CCS according to the areas of jurisdiction and the ownership rights of certain subjects to the CCS.
In theory and in practice, there is an opinion according to which the classification by areas of jurisdiction also implies taking into account the form of ownership of a particular CAB. In addition, the classification by areas of jurisdiction is often perceived precisely as a classification by forms of ownership, that is, there has been a certain shift in concepts.
In my opinion, this approach is not entirely correct. Of course, the form of ownership of the OKS should be taken into account and even necessary, because often if the OKS is owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, then the scope of jurisdiction will be appropriate (for example, the OKS of housing funds). However, this is a possible, but not at all mandatory option, so you should not make it absolute.
It must be taken into account that in addition to state and municipal property, we also have such a form as private property, which includes the property of individuals and legal entities. After the "global" privatization of state property during the "perestroika" private property became the dominant form, which remains to this day. If, at the same time, we use only the form of ownership of them as the basis for the classification of CCAs, most of the CACs will simply “drop out” of this classification and will not be covered by them. In addition, often the right of ownership and the value of the CCA may be different, do not coincide and do not depend on each other.
In my opinion, the jurisdiction of a particular authority in relation to any CCA does not mean that this body has the authority of the owner to the CCA, but that it has the authority to control the possession, use and disposal of the CCA, the authority to create the necessary basis for proper exercise by the owner of his rights, taking into account the significance and possible public value this object. In this regard, the confusion of the concepts of "scope" and "form of ownership" simply deprives us of an adequate, logical and practically significant classification of the CCS.
One more moment. Article 14 of the Civil Code of the Russian Federation states that the territorial planning schemes of subjects may include maps (schemes) of the planned placement of OCS of regional significance. It is not necessary to designate the OKS of federal significance within the meaning of the article. Spatial planning schemes municipal district, master plans for settlements and master plans for urban districts, in accordance with Art. 19 and 23, respectively, include maps (diagrams) of the planned placement of local SS. ACS of federal and regional significance should not be indicated in the territorial planning documents of a settlement, which follows from the provisions of these norms of the Civil Code of the Russian Federation. In practice, the territorial planning documents of the subjects contain not only maps (schemes) of the planned location of the CCS of regional significance, but also CCS of federal significance; documents of territorial planning of settlements, in addition to maps (schemes) of the placement of ACS of local importance, also contain information on the placement of ACS of federal and regional significance. Logically, this deviation from the provisions of the law is correct. Territorial planning documents must contain complete and adequate information on planning the development of the territory, including functional zones, zones of the planned placement of ACS, zones with special conditions for the use of territories. Such information cannot be complete without the appropriate designation of data on the ACS of federal and regional significance in it on the territorial planning documents of subjects and municipalities, respectively. For example, if a medical and prophylactic institution of regional importance is located on the territory of an urban settlement, this does not mean that this ACS should not be indicated in the general plan of the settlement, without this information the general plan will simply be incomplete. Therefore, in this part, deviations from the provisions of the Civil Code of the Russian Federation are quite reasonable.
Application
OBJECTS OF CAPITAL CONSTRUCTION OF FEDERAL SIGNIFICANCE
Capital construction projects of federal significance include:
objects of federal energy systems;
facilities of nuclear power systems;
objects of the federal transport system;
- objects of communication routes;
objects of information and communication;
objects of defense and security, defense production;
objects of production of various poisonous, narcotic substances;
objects of the meteorological service;
objects of federal transport;
objects providing space activities;
objects that ensure the status and protection of the state border;
facilities supporting the activities of natural monopolies;
objects of management of federal state property (including the property itself);
objects of federal financial, currency, credit, customs regulation;
objects of federal specialized medical institutions;
and other objects referred in accordance with the legislation to the jurisdiction of the Russian Federation.
OBJECTS OF CAPITAL CONSTRUCTION OF REGIONAL SIGNIFICANCE
Capital construction projects of regional importance include:
facilities that support the activities of archival funds of the constituent entity of the Russian Federation;
facilities that ensure the operation of the system for preventing emergencies of an intermunicipal and regional nature, natural Disasters, epidemics and elimination of their consequences;
facilities providing road activities in relation to motor roads of regional or intermunicipal significance;
facilities that provide the organization of transport services for the population by road, rail, inland waterway, air transport (suburban and intermunicipal traffic);
facilities that ensure the maintenance, development and organization of the operation of airports and (or) civil aviation airfields owned by a subject of the Russian Federation;
facilities that ensure the provision of public and free pre-school, primary general, basic general, secondary (complete) general education on the main general education programs V educational institutions which, in accordance with federal law, are administered by a constituent entity of the Russian Federation;
facilities that provide primary, secondary and additional vocational education(with the exception of education received in federal educational institutions, the list of which is approved by the Government of the Russian Federation);
- facilities that provide additional education children in institutions of regional importance;
objects of the system of library services for the population by libraries of the subject of the Russian Federation;
- objects that ensure the functioning state museums(with the exception of federal state museums, the list of which is approved by the Government of the Russian Federation);
objects of the system for providing specialized medical care in skin and venereal, anti-tuberculosis, narcological, oncological dispensaries and other specialized medical institutions (with the exception of federal specialized medical institutions, the list of which is approved by the Government of the Russian Federation);
objects of the system for providing specialized (sanitary-aviation) emergency medical care;
objects of the system of social support and social services for elderly and disabled citizens, citizens in difficult life situation, as well as orphans, street children, children left without parental care (with the exception of children studying in federal educational institutions), social support labor veterans, persons who worked in the rear during the Great Patriotic War 1941 - 1945, families with children (including large families, single parents), victims of political repression, poor citizens;
objects of specialized housing stock of the subject of the Russian Federation;
facilities that ensure the activities of state notary offices;
facilities that ensure the organization of fire extinguishing by the State Fire Service (with the exception of forest fires, fires in closed administrative-territorial formations, at facilities included in the list of facilities approved by the Government of the Russian Federation that are critical to the national security of the country, other especially important fire hazardous facilities, especially valuable objects cultural heritage peoples of the Russian Federation, as well as when holding federal-level events with a mass concentration of people)
facilities that ensure the activities of justices of the peace;
objects of the system of organization and implementation at the intermunicipal and regional level of measures for civil defense, protection of the population and territory of the constituent entity of the Russian Federation;
facilities that ensure the organization of activities on the territory of a constituent entity of the Russian Federation for the prevention and elimination of animal diseases, their treatment, protection of the population from diseases common to humans and animals, with the exception of issues that are within the jurisdiction of the Russian Federation;
facilities that ensure the organization of the activities of emergency rescue services and emergency rescue teams;
facilities that ensure the implementation of state control in the field of protection environment(state environmental control) at the objects of economic and other activities, regardless of the form of ownership, with the exception of objects of economic and other activities subject to federal state environmental control;
facilities that provide training, retraining and advanced training of persons holding public positions of a constituent entity of the Russian Federation, as well as professional training, retraining and advanced training of civil servants of a constituent entity of the Russian Federation and employees public institutions subject of the Russian Federation;
facilities that ensure participation in the provision of training, retraining and advanced training of persons holding elective municipal positions, as well as vocational training, retraining and advanced training of municipal employees and workers municipal institutions;
other objects, the placement of which is necessary for the exercise of the powers of state authorities of the subjects. RF.
OBJECTS OF CAPITAL CONSTRUCTION OF LOCAL SIGNIFICANCE
Capital construction projects of local importance include:
objects of public roads between settlements (in relation to districts) / public roads (in relation to settlements and urban districts), bridges and other transport engineering structures outside the boundaries of settlements within the boundaries of a municipal district / bridges and other transport engineering structures in the boundaries of the settlements that are part of the settlement, within the boundaries of the urban district;
facilities that ensure the organization of electricity, heat, water and gas supply, water disposal, supply of fuel to the population;
facilities that provide the organization of transport services for the population of the municipality;
objects of the system of prevention and liquidation of consequences of emergency situations;
objects of the system for ensuring primary measures fire safety;
facilities that provide residents of the municipality with communication services, public catering, trade, consumer services;
objects of the system of library services for the population of the municipality;
facilities that provide the population with the services of cultural organizations;
- objects physical education and mass sports, conducting sports and recreation and sports events local importance;
facilities that ensure the arrangement of places for mass recreation of the population;
facilities that support the activities of archival funds of local importance;
facilities that ensure the collection and removal of household waste and garbage;
facilities, facilities that provide ritual services to the population;
- objects civil defense, protection of the population from natural and man-made emergencies;
facilities that ensure the functioning of emergency rescue services and (or) emergency rescue teams;
facilities for ensuring the safety of the population at water bodies;
objects of medical and health-improving areas and resorts of local importance;
facilities that ensure the organization and implementation of work with children and youth on the territory of the municipality;
facilities that ensure the protection of public order on the territory of the municipality, ensuring the functioning of the municipal police;
objects of primary health care, emergency medical care (with the exception of sanitary and aviation), medical care for women during pregnancy and childbirth;
facilities that ensure the functioning of the system of public and free primary general, basic general, secondary (complete) general education;
other objects, the placement of which is necessary for the exercise of the powers of local governments
Timonina E.D., leading lawyer
Department of Regulatory Support ITP "Grad"
Capital construction objects subject to registration in the state real estate cadastre and other types of cadastres are buildings, structures, premises and objects of construction in progress.
Buildings, structures, construction in progress, with the exception of temporary buildings, kiosks, sheds and other similar structures, are classified as immovable things.
The legislative definition excludes temporary buildings from capital construction objects and directly indicates, as an example of buildings: kiosk- a building that does not have a trading floor and is designed for one workplace of the seller; canopy- a structure of a semi-closed type (a roof on supports with or without open walls).
In Russian legislation, the concept of “capital construction object” has existed since 2005. In the former urban planning legislation, the legal constructions “real estate objects in urban planning”, “urban planning objects” were used.
Let us consider in more detail the types of capital construction objects (hereinafter referred to as OKS)
building called a ground building structure with an internal space intended for a certain type of human activity and recreation, or architectural and construction objects, the purpose of which is to create conditions for work, living, social and cultural services for the population, storage of material values, keeping animals.
The building includes utility networks and utility systems (equipment). The building may also have operated premises in the underground part. A structure that does not have an aboveground part is not a building.
The building is one of the types of building structures. The main task of buildings is the spatial organization of household, labor processes and people's recreation.
Buildings are studied by the science of Typology, which classifies architectural objects in their comparison according to common features:
functional purpose;
Space-planning parameters;
Patterns of shaping;
Urban planning functions and requirements for them;
operational qualities.
By functional purpose buildings are divided into four main groups corresponding to the main types of human activity: life, work and public and administrative activities:
Public buildings;
Residential buildings;
Industrial building;
Buildings and structures intended for the needs of agriculture.
Each of these groups, in turn, has its own typological structure, depending on the functional purpose of buildings, or their specifics. The main feature of buildings, by which it is determined that it belongs to a particular group, is the appointment of a building of a certain type for a specific purpose.
For example: public buildings are classified according to the areas of cultural and community services for the population:
1) healthcare;
2) science, education and training;
3) education and training;
4) physical culture and sports;
5) mass recreation;
6) transport and communications;
7) public catering;
8) trade;
9) household services;
10) managerial and administrative activities;
11) utility companies.
By space-planning parameters buildings are classified according to the number of storeys, planning schemes, functional zoning of buildings on the master plan and premises in the building itself.
For example: residential buildings are divided into the following types:
Single-apartment (one-story, attic, two-story);
Blocked (two-apartment one-, two-story, four-apartment two-story; multi-apartment one-two-story);
Sectional (single-section three-story and above, multi-section two-story and above);
Corridor, corridor-sectional;
Gallery, gallery-sectional.
One example of building classification is following diagram(Fig. 2.1):
Rice. 2.1. Example of building classification.
Residential building(house) consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building. Residential buildings (houses) include residential houses of a permanent type, dormitories, shelters, houses of a mobile fund, boarding houses for the elderly and disabled, veterans, special houses for lonely elderly, orphanages, boarding schools at schools and boarding schools, and other houses.
Individual residential buildings - detached residential buildings with no more than three floors, intended for one family. They also include cottage-type houses (in which there is a small plot of land; cottages are mainly two-story with an internal staircase, on the first floor of which there is usually a common room, a kitchen, utility rooms; on the second floor - bedrooms), single-family block houses, consisting of autonomous residential blocks.
Apartment building - a set of two or more apartments in a residential building with independent exits or to a land plot adjacent to residential building, or in the common areas in such a house. Apartment house contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.
non-residential buildings- these are buildings, the purpose of which is to create conditions for labor, social and cultural services for the population and storage of material values: industrial, agricultural, commercial, administrative, educational, health, and others.
In the process of developing the needs of the population of the city, the types of buildings are constantly changing. In addition to clearly defined types of buildings, there are many transitional forms.
In addition to the typological classification, i.e. classification of buildings by purpose, there is a division of buildings into classes by importance. There are 4 classes of buildings. Each class of buildings is subject to certain requirements regarding capitalization (building materials and structures, fire resistance, etc.), the degree of urban planning and national economic significance, and performance characteristics.
BuildingIclass. These include residential and public buildings that meet increased requirements (public buildings that play a particularly important role in the composition of cities, residential buildings above six floors, etc.).
BuildingIIclass. These are buildings of mass construction, residential buildings of 4-5 floors.
BuildingIIIclass are low-rise buildings with a small capacity.
BuildingIVclass. These are buildings that meet the minimum requirements.
The main components of buildings are premises - this is a functional part of a building, structure or structure, separated from other functional parts by physical boundaries (walls) that do not have gaps.
As part of the premises, there may be rooms for the intended purpose (room-bathroom, room-entrance room, room-kitchen, rest room, etc.). A room is an indivisible functional part of a building.
construction - the result of construction, which is a three-dimensional, planar or linear building system, which has ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and designed to perform production processes of various types, store products, temporary stay of people, movement of people and goods.
An object that acts as a structure is each individual structure with all the devices that make up a single whole with it.
For example:
The dam includes the dam body, filters and drains, sheet piles and grouting screens, outlets and weirs with metal structures, slope supports, roads along the dam body, bridges, platforms, fences, etc.;
The motor road within the established boundaries includes the subgrade with fortifications, the top surface and the road environment ( road signs etc.), other structures related to the road - fences, descents, weirs, ditches, bridges no more than 10 m long, a ditch.
The structures, which are a single object, consisting of heterogeneous elements, united by a common functional purpose, also include stadiums, which include specially equipped areas for practicing various types sports, such as city and athletics fields, football and hockey fields, a running track and jumping pits. The playgrounds are located on the ground and are its adaptation for the purposes of physical culture and sports. In this case, these structures were created in such a way that corresponds to their functional purpose.
Structures also include: complete functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized structures of communication systems, as well as a number of similar objects with all associated engineering structures.
Buildings. Legislative definitions of the concept " buildings» is not available in Russian legislation. As before in the legislation of the RSFSR, the term "buildings" is used as general concept buildings and structures. At present, the concept of "building" is mainly used either in one terminological series - "building, structure, structure", or as an equivalent to the concept of a building, or a secondary meaning is emphasized: "residential and utility buildings located in garden and summer cottages", utility buildings for keeping pets, buildings for auxiliary use, buildings for consumer purposes (dachas, garden houses, garages).
Unlike other capital construction projects, the building is not an object of accounting used in maintaining the unified state register of capital construction objects and the state cadastral registration of real estate.
Construction in progress - objects, the construction of which has been suspended, mainly due to lack of financial resources and logistical support. This legal term characterizes not design features real estate object and the functional goals of its creation, and the process of creating a real estate object and the reflection of the phased nature of this process in the properties of the created object. Unlike buildings, structures or structures, objects under construction cannot be used in accordance with their purpose until the completion of construction and commissioning.
A capital construction object is such a structure, for the construction of which it is required to carry out not only construction, but also earthworks. In the Russian Federation, this term was officially approved in 2005. This concept also includes objects whose construction has not been completed.
Types of capital construction
Capital construction is divided into 3 categories:
- Residential. Such buildings must be equipped with all communications necessary for life (water supply, electricity, etc.). Also, not only the ground, but also the underground part of the structure must be present without fail. The second is usually used for production needs (placement of boilers, cellars, etc.).
- Non-residential. Commercial or government buildings created for the temporary stay of people (shops, stadiums, etc.).
- Objects of construction in progress (cessation of work for an indefinite period).
OKS classifications
ACS is usually divided into categories, depending on the functional purpose of the building:
- Communication. Under this concept power lines, bridges (of all types), highways and other objects, the construction of which is associated with land surveying and design, fall under this category.
- Industrial facilities (factories, warehouses, etc.).
- Defensive structures.
- Various non-production buildings (domestic, cultural and social purposes).
It is also customary in the Civil Code of the Russian Federation to classify CS objects by the level of significance (local, regional and federal).
Characteristic features of capital construction projects
Buildings classified as capital construction objects have the following distinctive features:
- an impressive amount of permits and design documentation, any capital structure is strictly regulated at the state level;
- complete stationarity, the presence of a powerful foundation;
- long period of operation of the facility (5-100 years or more);
- there is no possibility to dismantle the building and transport it somewhere, only complete or partial demolition of the building is allowed;
- the procedure for registering property rights with registration in RosReestr is obligatory.
Important: each stage of construction has its own project documentation and certain standards. Any deviation from the rules can put an end to the fate of the future building.
What can not be attributed to ACS
Capital construction projects do not include:
- Non-stationary (in other words, mobile) buildings. This concept refers to mobile structures that are easily dismantled and transported. These include pavilions, kiosks, household facilities, etc. Usually, when creating them, light and inexpensive materials are used.
- Buildings of a temporary nature, that is, erected to ensure the fulfillment of certain tasks during construction. These include warehouses, change houses (rooms for the pastime of workers), places for storing inventory, etc. According to the regulations, such buildings should exist for no more than 5 years.
The construction projects listed above do not require any building permits. Temporary buildings that are dismantled and moved without problems (and damage) are not classified as ACS.
Construction in progress
Construction in progress is the main scourge of the Russian urban planning system, with which the state is actively trying to fight. Sometimes in official reports you can find the wording "objects of secondary purpose."
These include any type of object (cottage, garage, etc.). They are not included in the real estate register until the completion of construction.
The reasons for the suspension of construction may be the following:
- technical difficulties (during the construction, errors in the master plan were discovered that did not allow it to be completed);
- geodetic (example: in the process of developing the foundation, mountain formations were discovered in the ground);
- lack of material;
- insufficient funding (the most popular reason for construction delays, especially civil ones).
Unfinished buildings can be entered in the RosReestr, but their use is only allowed when the object is fully commissioned. The commissioning procedure is characterized by many bureaucratic delays (the need to collect documents, dozens of commissions, etc.).
On the video about capital construction projects
Often there are cases when the temporary nature of structures is not obvious. In such situations, the decision on inclusion in the OKS is carried out on the basis of an expert review. Usually it is carried out by employees of local urban planning authorities, but if desired, private (independent) experts can be involved.
