Currently, for the development of the planned site, it is necessary to draw up a document such as the GPZU. "What it is?" - you ask. A detailed answer to this question will be presented in this text.
GPZU - what is it?
This term is deciphered as a town-planning plan for a land plot. It is one of the most important documents required for the construction of an object. His role is important. GPZU in construction belongs to the source and permissive materials. It prescribes the purpose of the structure, the number of floors and other necessary parameters. The design of the GPZU takes place both as a separate document, and as an integral part of the project of territorial land surveying.
What is the purpose of this plan?
The GPZU form was established by the government of the Russian Federation. It defines the requirements necessary for the development and operation of land. This is important. In fact, in the GPZU the developer is explained how it is allowed to use the land, what maximum parameters for its development exist. The latter concerns the height of the structure and the percentage of the use of the territory.
Developing investors will need this document in the following cases:
1. To submit design documentation for examination.
2. For permission to build and commission the facility.
Obtaining GPZU involves collecting the necessary package of documents. Their list can be found on the website of the Moscow Architecture Committee, as well as in this article.
Legal framework
It is based on the following documents:
- 5 Chapter on the planning of the territory of the Urban Planning Code of the Russian Federation.
- Articles 14, 15, 16 of the Federal Law “On General Principles of the Organization of Local Self-Government in the Russian Federation”.
- Decree of the Government of the Russian Federation No. 840 of December 29, 2005 “On the Form of the GPZU”.
- Instruction No. 93 dated August 11, 2006 (approved by Order of the Ministry of Regional Development of the Russian Federation) on the procedure for filling out the form of this document.
The purpose of the GPZU
This can be found in articles 41 and 44 of the Civil Code of the Russian Federation. Having studied them, you can understand that this document is needed to clearly define the site where the construction will take place. This is important. The GPZU applies both to already built-up territories, and to those areas on which the construction of facilities is only planned. This is fully consistent with the information provided in the 10th part of Article 38 of the Law “On the State Real Estate Cadastre”.
GPZU content
Russian law clearly defines what information is provided in this document. These are 8 main points:
- The boundaries of the land.
- Areas of action of public easements.
- Defining margins from the boundaries of the land within which construction is still permitted.
- Information on urban planning regulations. If the used territory falls under its action. At the same time, the types of permitted applications of this section are indicated in the GPZU. Except for municipal or state use thereof.
- If the urban planning regulations do not apply to the site or are not established, then you need to provide information about the permission to operate the site, its purpose and the parameters of the object that you plan to build.
- Information on the availability of cultural heritage or capital construction in the used territory.
- Borders within which facilities intended for municipal or state needs will be located.
- Technical conditions for connecting construction projects to engineering networks.
Also, this material may contain information on whether it is possible to divide the land territory indicated in it into several plots.
The importance of the document
Obtaining GPZU is necessary for the following actions:
- Determining the possibility of implementing the planned project in this area.
- Obtaining a building permit.
- Coordination and preparation of project documentation.
- Obtaining permission to commission the constructed facility.
The above emphasizes the importance of this document. The issuance of the GPZU is carried out only after the approval and receipt of the urban development conclusion from the city government. This is a pretty significant condition. All this is necessary for the design of the GPZU. Moscow is no exception. In this case, you will need the same materials from the government bodies of the capital.
GPZU as a separate document
This has already been said above. GPZU can be issued separately from the project of land surveying. To do this, you must submit an application to the local government .
GPZU must issue within 30 days. It is precisely such lines that are given to the body in order to prepare and approve the urban development plan. Then this document is provided to the applicant. No fee is charged.
Important criteria
Having examined the GRK of the Russian Federation, namely those parts of it that relate to the indicated document, we can come to the following conclusions:
- Any individual or legal entity may ask to draw up a GPZU. What does it mean? This indicates that it does not have to be a builder who has the right to build something on the land. Any interested capable person can make such a request. The difference lies in the fact that the receipt of the GPZU for a person who has nothing to do with the land is exclusively the satisfaction of his own curiosity. It will be a waste of time. After all, only the legal owner of the site can obtain permission to build or commission the constructed facility.
- For the issuance of the GPZU, the relevant authority does not have to perform a number of actions necessary for the territory planning projects. Because in those cases it is necessary to make a decision on the preparation of materials, publish and post on the site (if any), submit an order for development, hold hearings on this fact. And after that, already approved materials should be published.
- A local government body cannot demand from a person any other documents for the state registration institution, except for a passport for an individual and a certificate of tax registration and state registration for a legal entity. It is important to know. You also absolutely do not need a sample of it to receive the GPU. In general, the actions of municipal authorities in all this are very limited. After all, they can only establish the procedure for preparing documents for the planning of the territory, which was developed in accordance with the decisions of local self-government. This implies the existence of exclusively organizational regulation of the actions of municipal authorities, which can be specified depending on the specific relevant preparation procedure set forth in the Civil Code of the Russian Federation.
- GPZU should be ready within thirty days from the date of application. This is the deadline. However, there is no established application form, which must be submitted if you wish to receive this document.
- The nice thing is that the issuance of the GPZU is absolutely free.
- The latter conclusion is not entirely obvious, but when analyzing the relevant data from the GRK of the Russian Federation, it becomes clear that in the simplified order it is possible to prepare the gas storage facility only for the site that is under state cadastral registration. This means that this territory most likely has its own copyright holder, which can be both the owner and the tenant. But this does not mean at all that this document cannot be issued to a person who is not the legal right holder of a specific land territory.
The list of documents that are required to obtain the GPZU
The following documents are attached to the application for the issuance of this material:
- Passport (copy). For individuals.
- If necessary, a copy of the power of attorney.
- Cadastral plan for a specific territory.
- A copy of the title document for the land and capital construction object (if any).
- Topographic survey of the territory with existing communications (M 1: 1000, M 1: 500). The deadline is not more than one year.
- Technical passports of capital construction objects on the land plot (if any).
- Materials indicating the technical conditions of the possibility of connecting to the networks of engineering and technical support of capital construction facilities.
- Extract from the state register of cultural heritage objects, as well as the conclusion of the relevant authority, which is authorized to protect them (if necessary).
On the basis of what does the term of the GPZU expire?
This occurs in the following cases:
- Waiver of ownership of land.
- Termination of permission to use subsoil.
- Implementation of the compulsory termination of the right to property and other powers to a certain territory. Including land seizures for municipal or state needs.
- Termination of lease agreements and other agreements, on the basis of which legal entities and individuals have rights to certain plots of land.
GPZU Difficulties
As the relevant legislation requires, the information that is necessary to fill out the sections of this document must be established by the rules of development and land use, a land surveying project or planning materials for the territory. If all of them are absent, then these criteria are approved by temporary regulations. So, for Moscow there are still no special rules for development and land use. Regarding territory planning documents and land surveying projects - only 30% of the city territory is provided by them. However, at the same time, temporary regulations are also absent. And this means that the preparation and filling of the GPZU takes place in accordance with only one draft of the rules for development and land use. Thus, the parameters of the use of a particular site, which relate to height and density, are very easy to change by reducing them. This is based on the decision of the working groups of the Moscow Urban Planning Commission. Thus, changing the GPU is a fairly simple process.
On the example of Moscow, we consider one difficulty. It lies in the fact that in 2010 the Master Plan of the city came into effect. In accordance with it, 70% of the metropolitan area falls into the zone of development - reorganization. This leads to the fact that the receipt of the GPZU in these areas should be preceded by the development of documents on their necessary layout. Almost the entire remaining territory of the city fell into the stabilization zone, and these are mainly preserved residential buildings. In accordance with the Civil Code of the Russian Federation, land use rules are developed in order to comply with and ensure the rights and interests of the owners of land and facilities for capital construction. This should be ensured by giving them the choice of using a particular territory in the most efficient way. But, as practice shows, when the GPZU is considered at meetings of working groups of the town-planning land commission, few can fully realize their intentions and legal rights regarding the construction of real estate.
Tip
But from which it can be judged that the necessary territory is fully formed and all rights to it are registered? In accordance with the Civil Code of the Russian Federation, specific land surveying and planning projects are being developed to establish the boundaries of the site. This is a necessary action. But if there are already borders, which can be during the formation and cadastral registration, then the documents on the planning of the territory no longer need to be prepared. Indeed, a very important rule when surveying is its inviolability. Therefore, for such land areas, the project for the planning of plots, rather, is a formality. After all, these boundaries will not change anyway. The downside is that most of these sites were formed using the procedure for coordinating their location, the flaws of which are well known to everyone. This means that at the same time, the prospects for the development and use of the territory, as well as its limitations, were not taken into account. In general, after reading specialized literature, we can come to the conclusion that the GPZU was mistakenly assigned to the materials necessary for planning the territory. This is an objective fact. After all, the preparation of the GPZU and the development of planning documents have nothing in common.
Total
Now you can hardly find people who thoroughly understand all the intricacies of urban planning legislation. However, to ensure high-quality support for the coordination of the necessary GPZU at meetings of the working groups of the relevant land commission in order to obtain the most convenient specified document, you need to seek help from professionals in this field. This would be the best option. As a result, the question will be easily resolved: “GPZU - what is it and how to arrange it?”