Requirements for the survey project. Survey project and territory planning project: characteristic features and differences

Hello friends! I did not write today's article for you. It was written by my colleague, a great specialist in urban planning and architecture. I think that she will appear on the blog and answer your questions in the comments.

Friends, her articles and articles by other specialists will continue to appear on the blog. Since I cannot reveal all the subtleties of urban planning alone, I will try to attract specialists from different areas to the blog for this.

So, I present to you an article on that topic: “The project for planning the territory and the project for surveying the territory”:

“How to properly use such an important resource as territory? How to ensure its development if various objects are placed on it? These and other questions can be solved by the planning of territories.

The main provisions on the planning of the territory are given in Chapter 5 of the Civil Code of the Russian Federation.

Territory planning documentation is subdivided into territory planning projects (hereinafter referred to as PPT), land surveying projects (hereinafter referred to as PMT) and urban planning plans for land plots (hereinafter referred to as GPZU).

The composition of the PPT is given in Article 42 of the Civil Code of the Russian Federation:

I will not dwell on the content of drawings, diagrams and explanatory notes in detail, I will note that the territory planning project consists of the main approved part and materials for its justification.

You can find examples of territory planning projects prepared at the initiative of the municipalities of the Chuvash Republic on the website Ministry of Construction of Chuvashiaand on municipal websites.

Territory survey project

The composition of the PMT is given in Article 43 of the Civil Code of the Russian Federation:

Click on the picture to enlarge

PMT is developed on the basis of PPT and can be performed both as part of it and separately from it.

Town-planning plan of the land plot

GPZU can be developed as part of the PMT, but most often it is prepared as a separate document, which will be discussed in the next article.

Who prepares the territory planning documentation?

According to part 8 of article 45 of the Civil Code of the Russian Federation, the preparation of APT and PMT can be carried out directly by executive authorities or local governments or other persons who may be involved by them on the basis of a state or municipal contract:

Exceptions are specified in part 8.1, they are cases where there is an agreement on the integrated development of the territory or an agreement on the development of a built-up area:

The preparation of documentation for the planning of the territory can be carried out by individuals or legal entities at their expense.

Features of the preparation of documentation for the planning of the territory, developed on the basis of the decision of the local government, are set out in Article 46 of the Civil Code of the Russian Federation.

I will note an important fact - for such projects of planning and land surveying of territories before their approval mandatory public hearings.

The exception is the cases specified in part 5.1 of Article 46 of the Civil Code of the Russian Federation:

The procedure for preparing planning projects and land surveying projects is lengthy and laborious, because it is necessary that the documentation be completed on the basis of territorial planning documents and the rules for land use and development, as well as that the requirements of technical and urban planning regulations, urban design standards must be observed.”

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Order of the Ministry economic development RF dated August 3, 2011 N 388
"On approval of requirements for the project of land surveying"

9. The survey project is completed in the following sequence: title page, content, sections of the text part, sections of the graphic part, application.

II. General requirements for the preparation of the Land Survey Project

11. The survey project is drawn up on paper in the amount of at least two copies.

At the request of the customer, the Land Survey Project is additionally issued in the form of an electronic document.

12. The survey project must be stitched and sealed with the signature and seal of the cadastral engineer. The signature and seal of the cadastral engineer are affixed on the title page of the Survey Project, on the Project Plan and on the back of the last page of the Survey Project.

13. The survey project is drawn up using computer graphics. When drawing up a Land Surveying Project, a combined method can also be used. Entering text information manually (by hand) is done legibly with ink, ink or paste of blue color. Misprints, erasures, additions, crossed out words and other unspecified corrections are not allowed. All corrections in the Land Survey Project must be certified by the signature (with the surname and initials) and the seal of the cadastral engineer.

Pencil drawing of the Land Survey Project is not allowed. All recordings, except where noted, are made in Russian. Numbers are written in Arabic numerals.

The survey project is drawn up on A4 sheets. The section "Project plan" can be drawn up on sheets of a larger format.

14. The numbering of sheets of the Survey Project is continuous within the document. Documents included in the application are not numbered.

If the information does not fit on one sheet of any section, it is allowed to place them on several sheets or on the back of the corresponding sheet. In this case, on each sheet or on each page of the corresponding section, the following information is reproduced: the words "" and the name of the corresponding section of the Survey Project.

If sections of the Survey Project are placed on sheets with a back, when filling in the requisite "Sheet N ______" of the corresponding section of the Survey Project, the page number is additionally separated by a comma.

The total number of sheets of the Survey Project, including the number of sheets of application documents, is indicated on the title page.

15. Unfilled details of sections of the text part of the Land Survey Project are not excluded, such details are marked with a "-" sign (dash).

16. A land surveying project is drawn up on the basis of a cadastral extract on the relevant land plot or a cadastral plan of the relevant territory.

17. If necessary, cartographic materials and (or) land management documentation stored in the state fund of data obtained as a result of land management can be used to prepare the Land Survey Project.

18. The annex of the Land Survey Project, approved by the decision of the owner of the land share or land shares, includes:

1) all objections received by the cadastral engineer who prepared the Land Survey Project regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (if any), drawn up in accordance with paragraph 13 of Article 13.1 of the Law on Circulation;

2) the conclusion of the cadastral engineer on the removal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (if there are objections specified in subparagraph 1 of this paragraph);

3) the conclusion of the cadastral engineer on the absence of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, submitted in accordance with paragraphs 13 and 14 of Article 13.1 of the Law on Turnover (in the absence of objections specified in subparagraph 1 of this paragraph);

4) copies of documents certified by a cadastral engineer certifying the rights to a land share or land shares against which a land plot is allocated;

5) a copy of the notice on the need to agree on the Land Survey Project, provided for in paragraph 10 of Article 13.1 of the Law on Turnover (if such a notice was sent to participants in shared ownership);

6) a copy of the page of the printed edition containing a notice of the need to approve the Land Survey Project, provided for in paragraph 10 of Article 13.1 of the Law on Circulation, and a copy of the first sheet containing the details of the printed edition (if such a notice was published in the media mass media, defined by the subject Russian Federation).

19. As part of the application of the Land Survey Project, approved by the decision general meeting of participants in shared ownership of a land plot (land plots) from agricultural land, an act of the relevant local government body confirming the powers of an official of the local government body specified in paragraph 10 of Article 14.1 of the Law on Turnover, or a duly certified copy of such an act shall be included.

20. In the conclusion of the cadastral engineer on the removal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, in the form of a coherent text, information is provided about the person who submitted the relevant objections, the reasons for his disagreement with the proposed size and location of the boundaries of the land plot being formed, as well as information on how to eliminate such causes.

The conclusion of the cadastral engineer on the withdrawal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares is signed by the person who withdrew the previously submitted objections (indicating his last name, initials and date of signing), and the cadastral engineer (indicating his last name, initials and date of signing). The signature of the cadastral engineer is certified by his seal.

III. Requirements for the design of the text part of the Land Survey Project

designation of a land plot or land plots formed from a land plot specified in column "2", if the specified land plot is not a single land use or a multi-circuit land plot.

47. In column "3" of the table of requisite "3" of the section "Information on the altered land plots and their parts" provides information on the owners of the altered land plot in the amount of information specified in paragraph 30 of the Requirements. At the same time, column "4" of this table shows the size of the shares of such persons in the right of common shared ownership of the altered land plot.

48. The requisite "Information on providing access to the formed or changed land plots" includes information on providing access to the formed or changed land plots from land plots or lands of common use.

If the land plot being formed or changed has direct access to lands or land plots of common use, in column "3" of the section "Information on providing access to the formed or changed land plots" the words "land (land plots) of common use" shall be indicated.

49. In cases where provision of access to lands or land plots for common use is carried out through an adjacent land plot that is in private, state or municipal ownership, the inclusion of information in the section "Information on providing access to formed or altered land plots" is carried out on the basis of documents , confirming the appropriate established or established restriction (encumbrance) of real rights to such adjacent land plots. Copies of such documents certified by the cadastral engineer are included in the application of the Land Survey Project.

IV. Requirements for the design of the graphic part of the Land Survey Project

50. The section of the graphical part of the Land Surveying Project "Project plan" is drawn up on the basis of the information of the cadastral plan of the corresponding territory or the cadastral extract on the corresponding land plot, specified in the section "Initial data".

If the specified cadastral plan of the corresponding territory or cadastral extract on the corresponding land plot does not contain information from the cartographic basis of the state real estate cadastre, the Project plan is prepared using cartographic materials at a scale of 1:50,000 and larger.

51. The project plan is drawn up in relation to all formed and changed land plots. If necessary, the location of individual characteristic points of the boundaries (parts of the boundaries) can be displayed in the form of callouts or insets drawn up on separate sheets as part of the Project Plan.

52. The project plan is drawn up on a scale that ensures the readability of the location of the characteristic points of the boundaries of land plots. Parts of the boundaries of land plots are displayed on the Project Plan in a given scale by a solid red line with a thickness of not more than 0.5 mm.

53. The Project Plan displays:

the projected boundaries of the land plots being formed, the boundaries of the altered land plots and parts of the said land plots;

location of lands or land plots for common use (the location of such lands and land plots is displayed schematically);

if necessary, the projected boundaries of the formed land plots (formed parts of the land plots), through which it is planned to provide access to the formed or changed land plots;

designations of formed land plots, formed parts of land plots, characteristic points of boundaries;

cadastral numbers of land plots from which land plots are allocated on account of land shares;

the location of natural objects and (or) objects of artificial origin (if certain parts of the boundaries of the formed land plots coincide with the location of the external boundaries of such objects);

the location of the boundaries of municipalities and (or) the boundaries of settlements (if the relevant land plot is adjacent to the border of a municipality and (or) a settlement);

boundaries of the cadastral division (if the relevant land plot is located in several cadastral quarters or the land plot is adjacent to the border of the cadastral division).

54. When drawing up the Project Plan, the designation of the modified land plot is given as a fraction, where the numerator indicates a colon and the number of the land plot in the cadastral quarter (for example, : 749), and the denominator - the area of ​​the modified land plot in square meters, rounded up to 1 sq. .m

The designation of the formed land plot on the Project Plan is given as a fraction, where the numerator indicates a colon, the number of the changed land plot in the cadastral quarter, a colon and a combination of capital letters of the Russian alphabet "ЗУ" with a number written in Arabic numerals (for example, :749:ЗУ1) , and in the denominator - the area of ​​the formed land plot in square meters, rounded up to 1 sq.m.

55. The designation of the formed part of the altered land plot on the Project Plan is given as a fraction, where the numerator indicates a colon, the number of the altered land plot in the cadastral quarter, a slash and a combination of lowercase letters of the Russian alphabet "chzu" with a number written in Arabic numerals (for example, :749/chzu1), and in the denominator - the area of ​​the formed part of the altered land plot in square meters, rounded to the nearest 1 sq.m.

The designation of the formed part of the formed land plot on the Project Plan is given as a fraction, where the numerator indicates the designation of the formed land plot in accordance with paragraph 54 of the Requirements, a slash and a combination of lowercase letters of the Russian alphabet "chzu" with a number written in Arabic numerals (: 749: ZU1/chzu1), and in the denominator - the area of ​​the formed part of the formed land plot in square meters, rounded to the nearest 1 sq.m.

56. If the boundary of the land plot consists of several closed contours, on the Project Plan each such contour is identified by the designation of the land plot in accordance with paragraph 54 of the Requirements, where the serial number of the contour is given in the numerator of the fraction in parentheses, and in the denominator additionally in brackets - the area of ​​such a contour in square meters, rounded up to 1 sq.m.

______________________________

* Collection of Legislation of the Russian Federation, 2002, N 30, art. 3018; 2003, N 28, Art. 2882; 2004, N 27, Art. 2711; No. 41, art. 3993; No. 52, art. 5276; 2005, N 10, art. 758; No. 30, Art. 3098; 2007, N 7, Art. 832; 2008, No. 20, art. 2251; No. 49, art. 5748; 2009, N 1, art. 5; No. 19, art. 2283; 2011, N 1, art. 32, 47.

Application
to project requirements
land surveying

With changes and additions from:

Total sheets _______

Land surveying project

Title page

1. Cadastral number of the land plot or land plots from which (which) the allocation of land plots is carried out on account of the land share or land shares (hereinafter referred to as the changed land plots):

2. The number of land plots that are allocated on account of a land share or land shares (hereinafter referred to as the land plots being formed):

3. Information about the customer for the preparation of the survey project:

(last name, first name, patronymic (if there is a report) individual, full name of the legal entity, local self-government body

Place for imprinting the seal of the customer of cadastral works

4. Information about the cadastral engineer:

Last name, first name, patronymic (if available)

N qualification certificate of a cadastral engineer

________________________________________

contact number

_________________________________________________________

Postal address and e-mail address for communication with the cadastral engineer

__________________________________________________________________________

Abbreviated name of the legal entity, if the cadastral engineer is an employee of the legal entity

_______________________________________________________________

Signature ___________________________

Date "__" ____________ ________

Place for the imprint of the seal of the cadastral engineer

5. The project of surveying land plots is approved:

Signature _________________________________

date "__" ____________ ________

Land surveying project

Sections of the survey project

Sheet numbers

Land surveying project

Explanatory note

Land surveying project

Initial data

List of documents used in the preparation of the survey project

Title of the document

Document details

Land surveying project

Information about the formed land plots and their parts

1. List of formed land plots:

Land plot designation

Information about copyright holders

Information about the rights Designation of the land plot

Designation of a part of the border

Horizontal application (S), m

Description of the passage of part of the border

3. Information about the formed parts of the formed land plots:

Designation of the land plot _____________________________________________

Part designation

Land surveying project

Information about the changed land plots and their parts

1. List of changed land plots:

Cadastral number

altered land plot

Cadastral numbers of land

areas included in

altered land,

from which

land

Designation

formed

land

2. Information about the formed parts of the changed land plots:

Cadastral number of the land plot ______________________________________________

Part designation

Area (P),

Description of the part (including the content of the restriction (encumbrance) of rights)

Land surveying project

Information on providing access to the formed or changed land plots

land for which

access

Cadastral number or designation

land, through which

access

A plan of the territory, documented on paper, is called a land surveying project.

The document indicates the boundaries of the territory, as well as all the data of the built-up area, or some land that is subject to development in the future.

Why is it necessary to draw up a survey project - document requirements

It is very important to draw up a survey project. The document is necessary for every land owner.

Surveying is the most important point geodetic works on the site.

Its main goal is to establish and define the boundaries of the territory:

  1. Built-up and unbuilt plots.
  2. Land to be built up in the future and leased out.
  3. Land intended for capital construction facilities, and it does not matter whether the plots will be used by the federal, regional, local authorities.

The project is carried out by a specialist working in the Department of Architecture and Urban Planning of your city or district.

As a rule, the development of documentation requires permission, which the specialist receives from the committee of the same department.

According to the Order of the Ministry of Economic Development of Russia "On approval of the requirements for the land surveying project", adopted on August 3, 2011, the document must consist of not only from the text part, but also from the graphic part.

In the first part, you must specify:

  1. In an explanatory note - all that is known about the territory.
  2. All the initial data that the owner has. Information about all documents used in the preparation of the document is also entered here.
  3. Mandatory - list of land owners , especially attention is paid to all owners of land shares. These can be individuals, legal entities, a municipality, a constituent entity of the Russian Federation or a country.
  4. Information about land plots that have been formed or changed , and also indicate whether they can be accessed.

And the second part usually consists of a graphic plan of the territory.

There are also other requirements for the document:

  1. It must be not only electronic, but also a printed version.
  2. The project must be certified by the seal and signature of the cadastral engineer.
  3. Misprints and typos are strictly prohibited.
  4. In the graphic part, it is allowed to add information with ink, black or blue ink.
  5. Only A4 sheets should be used for the text part, and the project plan can be printed on a larger size.
  6. It is worth indicating on the title page how many pages the document consists of.
  7. When compiling a document, you can use cartographic or land management materials. They should be indicated in the application section and photocopies should be made.

Taking into account all the requirements for the preparation of the project, provided for by the order, the specialist will draw up a document that does not require corrections.

Preparation of a survey project

Having received approval for the development of the project, the specialist has the right to collect the necessary information about the territory.

Preparatory stage of work carried out in accordance with the requirements listed above and provided for by the same order.

Rules taken into account:

  1. Creation of a map (plan) of the project.
  2. Writing the text part of the document.
  3. Design of graphic data included in the document.
  4. Using documents and entering them into applications.

According to the project standards, the following parameters are taken into account:

  1. Information about the customer and the performer.
  2. Initial cadastral data on the total territory, as well as on newly formed plots and all kinds of access to them.
  3. An explanatory note is drawn up by its engineer.
  4. Graphic plan.
  5. Applications used in compilation.

How a land surveying map is drawn up - examples of maps

When developing a map (plan), you or a specialist will be helped « Guidelines on conducting land management in the formation of new and streamlining existing land management objects " , approved by Roszemkadastr on February 17, 2003.

According to this document, the engineer must first study all the documentation on the basis of which he will draw up a plan.

After a detailed study and analysis, the specialist goes to the facility, where:

  1. Sets the boundaries of the lot.
  2. Conducts topographic surveys.

The plan must include:

  1. boundaries of the study area.
  2. Cadastral number of the land plot.
  3. Land area.
  4. Landmarks.
  5. Located buildings, buildings, as well as their boundaries.
  6. What areas the territory borders on, as well as their descriptions are required.
  7. Plan data: coordinate grid, scale, south-north direction.

The survey map (plan) should look something like this:

Approval of the draft survey - survey hearings and possible revision

The project must be approved administrative commission.

The time that members of the commission can spend on checking the lands and determining the day of the hearing, is approximately 30 days. During this period, you should receive notice of the date of your hearing.

At the appointed time, the commission will decide whether the documentation is correct, whether it is possible to give the land for construction. Technical requirements, planned characteristics of the land plot, initial data, information about the owners, landscape characteristics and other important processes that may occur in this zone will be taken into account.

In case of a negative decision the owner will receive written explanations for the refusal from the experts.

As a rule, the agreement is made by decision of the general meeting.

If the hearing was held without the employees of the administration, then this is not scary. You should be informed about their decision and results within 3 days. Usually employees of the municipality themselves call the participants in the process.

Survey design form in the final document

The form of the project is strictly fixed.

The document must be in two parts .

First part can be created not in the form of a continuous text explanation, but in the form of a table consisting of a detailed descriptive version of the boundary plan and other important data.

It will include:

  1. General provisions.
  2. Requirements and rules for text and graphic parts.
  3. Both parts above.
  4. Content.
  5. Explanatory note.

The document should indicate all the information so that the commission does not have any questions.

Besides, don't forget the apps. You will confirm the eligibility of the design with documents.

What affects the timing and cost of a land surveying project?

In order for the performers and customers not to have problems, the government of St. Petersburg approved the order.

The diagram shows how the Department of Urban Planning and Architecture operates:

The development, coordination and approval of this project will require about three to four months.

The cost of work is different. It depends on the area of ​​the study area, the complexity and duration of the work.

In each case, the price is calculated individually, based on all the required work.

Usually, when calculating the cost, an employee of a state authority relies on Appendix 1 to the order of the Ministry of Regional Development of Russia, approved on May 28, 2010 and called "Reference book of basic prices for design work in construction" Spatial planning and planning of territories "and number 260.

– work to determine its exact boundaries. Without a plan drawn up as a result of measurements and calculations by cadastral engineers, it will not be possible to sell, change, divide into shares, as well as start construction on it.

Although the project is document optional in Everyday life , during operations with the site, you will have to spend money on its manufacture.

The term "surveying" is not found either in the Land or in the Civil Code of the Russian Federation. But Law "On Land Management" gives the following concept: - determination of the boundaries of land plots by establishing signs and determining the corresponding coordinates.

These works are carried out on sites, both with buildings and empty.

Project needed for sale of land alone or together with construction, inheritance and other legal actions.

This document is required to start construction on the site. It is he who serves as the basis for determining the place of development, area, installation of fencing.

A land surveying project is a set of documentation that contains information about what boundaries it should be, what indentation is possible during construction.

It is problematic to draw up this plan on your own, since the territory can be of an uneven configuration, with elements of common use, various types of property.

If the document is created at the initial stage, the purpose of the territory and buildings is also indicated: functional, landscape, construction.

Why is project development required?

Land surveying is a complex and time-consuming procedure, but in some cases it is necessary for the owner of the land:

Article 43 of the Town Planning Code of the Russian Federation It also indicates the need to prepare a draft planning and surveying of the territory in the following situations:

In other words, an individual or organization needs this document for the sale, purchase, division of a site or construction on its territory.

Otherwise, it is not necessary for the owner to have a project for fixing the boundaries - he can safely use the land without restrictions and any sanctions.

The composition of the survey project

The composition of the document is spelled out in Article 43 of the Town Planning Code of the Russian Federation.

Traditionally, it consists of two parts:

  • analytical;
  • graphic.

In the analytical part is description of the land plot: its borders, characteristics of the territory, calculations, substantiation of land surveying.

The graphic part of the project contains put on drawing indicating the red lines and boundaries of the site, the location of buildings on it, if any.

In general, the following information is reflected in the territory surveying project:

  • detailed description of the site;
  • drawings showing boundary marks, numbers and names of adjacent sections;
  • cost estimate, which includes the costs of registration, preparation of documents, land surveying, remuneration of the surveyor.

Necessarily in the composition of the graphic part are present:

  • red lines - the boundaries of the site, indicated in the planning project;
  • permissible deviation from the red lines - those limits beyond which structures, buildings cannot be taken out;
  • the boundaries of the built-up part of the land;
  • boundaries of buildings and structures under construction;
  • the boundaries of the sites on which the construction of objects of federal, municipal or local significance is planned;
  • the boundaries of the territories to which the special order of use applies;
  • boundaries of the territory recognized as cultural heritage.

The procedure for performing work on land surveying

Very laborious and complex. It can be produced exactly with the standards established by the Urban Planning Code of the Russian Federation only by a specialist with the appropriate qualifications.

The outcome of the work should be registration of the project in state bodies(Cadastral registration), which do not accept incorrect calculations and drawings.

To create a project, you can contact a specialized company that will perform the following actions:

Terms and cost of work

With the organization that prepares the drafting of the land surveying project, an agreement is concluded. It must indicate the cost of the work.

It depends both on the location of the land plot and on its total area.

In large cities, the cost of geodetic work is an order of magnitude higher. In addition, the urgency of the work also increases the price.

The average price for services is as follows:

  • from 2 to 8 thousand rubles from 0.04 ha to 0.155 ha, when performing work within a month;
  • from 8 to 12 thousand rubles for land surveying from 0.1 ha to 0.15 ha, in case of urgent project implementation within 16 days.

In general, cadastral engineers (or rather, the organizations in which they work) set the deadlines for drawing up a plan from 10 working days.

If we take into account the 30 days that are allotted for notifying neighbors, we get 1.5–2 months from contacting the company until the plan is approved by Rosreestr.

There are no limits in terms of cost, only some regions of the Russian Federation at the local level are trying to limit the cost of work by setting the maximum allowable size.

For example, until 2015, the local authorities of the Vladimir region artificially kept the marginal price of land surveying at the level 4 thousand rubles for one plot.

Video: Land surveying

The video tells why land surveying may be necessary, what problems it may face in the absence of a land surveying plan. Advice is given on how to protect yourself from the claims of neighbors to the land.

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 land surveying project for the purpose of determining 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 use of territories;

3) location of existing capital construction facilities;

4) boundaries of specially protected natural territories;

5) boundaries of territories of objects of cultural heritage;

6) the boundaries of forest areas, local 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 activities takes place, while respecting the interests a large number 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 with the accuracy of the removal of the formed boundaries of plots is the need to divide 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 quarter, an embankment, an industrial enterprise territory. 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 of connectivity of life processes (microdistrict, 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 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: free and unhindered use of public facilities (pedestrian and motor roads, engineering infrastructure facilities); 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 assignment); 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. Land 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; registration materials for real estate to identify the actual use of the territory (buildings and structures) and valid 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 preparatory phase the division of the territory of the planning unit into land plots of territories and separately located objects is carried out. 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 of 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, a state should be achieved in which residential buildings will be provided with those territorial elements without which their normal functioning is not possible: (on the blind area); entrances, approaches to the external entrance to the building, connecting it with public transport communications, as well as transport communications that ensure 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.

The list of requirements that must be followed at the final stage of design development is determined by the purpose of 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.

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