An urban planning plan for a land plot (GPZU) is an urban planning document that records the permitted parameters for the development of a land plot, including:
- boundaries of the land plot and areas of public easements;
- minimum setbacks from the boundaries of the land plot;
- information on the types of permitted use of the land plot;
- requirements for the purpose, parameters and placement of a capital construction project on a land plot - area of the facility, building area, number of floors, etc.;
- information about capital construction projects and cultural heritage sites located within the boundaries of the land plot;
- information on technical conditions for connecting capital construction projects to engineering and technical support networks, etc.
In other words, the GPZU is a document that records what can be built on a land plot and what the construction restrictions are. GPZU is the basis for further design and construction of the facility.
The procedure for obtaining GPZU
In Moscow, the GPZU is prepared and issued by the Moscow Architecture Committee, in the Moscow Region - by the Moscow Region Head of Architecture.
Submission of an application for obtaining a town planning plan for a land plot is carried out in accordance with the provisions of the administrative regulations, in electronic form:
- in Moscow on the official website of the Moscow Mayor;
- in the Moscow region through the portal of state and municipal services of the Moscow region.
Applicants can be individuals, including individual entrepreneurs, as well as legal entities that are the legal holders of land plots in relation to which the state cadastral registration procedure has been carried out.
Documents required to obtain GPZU:
- application for obtaining GPZU (by entering the relevant information in an electronic form);
- a document confirming the authority of the representative to act on behalf of the applicant (power of attorney);
- title documents for a land plot and (or) buildings, structures, structures, premises located on the corresponding land plot (if there is no information in the Unified State Register of Real Estate about registered rights to the property).
Ordering and issuing a GPZU is free of charge, but making changes to the GPZU and making changes to the PZZ requires financial costs, which are determined in each specific case individually.
The period for receiving the GPZU is no more than 20 working days. At the same time, according to Art. 57.3 of the Town Planning Code of the Russian Federation, the validity period of the GPZU is 3 years.
GPZU and building permit. Procedure for preparation and issuance
In accordance with clause 1, part 6, article 48 of the Civil Code of the Russian Federation, the GPZU is one of the initial data for design. To undergo the examination of design documentation and subsequently to obtain a construction permit, it is mandatory to obtain an urban planning plan for the land plot. In particular, information (details of the approved and duly registered urban development plan for the land plot provided for the placement of a capital construction project) is indicated in the “Explanatory Note” section of the project documentation. The specified documents are attached to the Explanatory Note in full. That is, failure to submit the GPZU for examination of project documentation is grounds for refusal to accept documents.
After receiving a building permit, it is highly undesirable to change the urban plan until the capital construction project is put into operation, since the object must comply with the urban plan. In accordance with Part 13 of Article 51 of the Civil Code of the Russian Federation, non-compliance of the project with the requirements of the plan is grounds for refusal to issue a construction permit. That is, if, for example, the boundaries of a site change, it will be necessary to obtain a new urban planning plan, the requirements of which will have to be taken into account in order to obtain a new building permit. The division of the land plot also entails obtaining a new GPZU and a new building permit.
When applying for the issuance of a GPZU, it is advisable to indicate for what purposes the requested document is needed. Judicial practice has shown that an “empty” GPZU, in which, for example, there is no shading indicating the permissible location of a capital construction project and their purpose, are grounds for refusing to issue a construction permit.
In accordance with the new legislation, if the application for a GPZU does not indicate the purpose of using the land, the organization operating the utility networks determines the maximum load at possible points of connection to the utility networks based on the information contained in the land use rules and developments. The corresponding request to this organization is sent by local government authorities within seven days from the date of receipt of the application for the issuance of the GPZU by the applicant.
From July 1, 2021, new conditions for registration of GPZU will be introduced. In order to obtain an urban development plan for a land plot, its copyright holder (individual or legal entity) must contact the local government body at the location of this plot with an application. You can submit an application through the multifunctional center (MFC). In Moscow and the Moscow region, government provision is carried out electronically using the Portal of State and Municipal Services. The authority to provide this public service is exercised by the Moscow Architecture Committee.
Within twenty working days after receiving the application, the local government authority prepares and registers the GPZU and issues it to the applicant. The service is provided free of charge.
Documents required to obtain GPZU:
- statement;
- title documents for the land plot and buildings, structures, structures, premises located on the corresponding land plot (if there is no information about registered rights to the object in the Unified State Register of Real Estate).
Making changes to the PZZ
If the owner of the land plot is not satisfied with the permitted construction parameters and the types of permitted use of the land plot or the purpose of the building provided for by the GPZU, or it is necessary to reconstruct the building, and the parameters of the GPZU do not provide for this (for example, the GPZU indicates “according to the existing situation”), the only The way out of this situation will be to introduce changes to the Land Use and Development Rules (LRU) of Moscow.
Land use and development rules are a document that contains an urban zoning map and urban planning regulations in relation to land plots and capital construction projects located within the corresponding territorial zone. In other words, the PZZ is a document that answers the question “Is it allowed to build and with what parameters?” in relation to any land plot within the city boundaries.
The main reasons for making changes to the PPL are:
- Legalization of unauthorized construction or unauthorized reconstruction of a building.
- Changes in TEPs during the reconstruction of a building: total area, built-up area, height, number of storeys, etc.
- Changing the type of permitted use of a land plot (UR).
- PZZ do not provide for or limit the possibilities of new construction.
- An error in the current GPZU is when the maximum construction parameters contradict each other.
Important! The PZZ is an approved document, and self-government bodies have the right to refuse to make changes at their discretion at any time.
Timing of changes to the PZZ
The general time frame for making changes to the PPP is always individual and on average is about 8–12 months.
What explanations does the Ministry of Construction of Russia give in case of refusal of an urban planning plan for a land plot?
The current Town Planning Code does not contain a clear list of grounds for refusal to provide a town planning plan for a land plot. This information is not systematized and is located in different sections of the code.
Provisions worthy of special attention:
- permission to obtain a GPZU is not issued in the absence of a territory plan, if its presence is a prerequisite;
- the target site must be registered in the register;
- The owner or his legal representative, whose authority is documented, can request the issuance of a GPZU.
The full text of the explanatory letter from the Ministry of Construction is freely available.
Amendments to the PZZ of Moscow
The rules of land use and development (LZZ) of the city of Moscow were approved by Decree of the Moscow Government No. 120-PP dated March 28, 2017 “On approval of the rules of land use and development of the city of Moscow.” Amendments to the PZZ are regulated by Moscow Government Decree No. 457-PP dated May 17, 2018 “On approval of the Procedure for sending and considering proposals to amend the rules of land use and development of the city of Moscow.”
The basic procedure for making changes to the PZZ in Moscow is as follows:
- Development of supporting design materials (booklet).
- Submitting an application on behalf of the customer to amend the PZZ.
- Consideration of the application by an authorized government body (joint hearings, Civil Defense Committee, etc.).
- If the project is approved, an order to amend the PPL and a draft amendment to the PPL are prepared.
- Conducting public hearings on draft amendments to the PPL.
- Development and approval of the Moscow Government Resolution on amendments to the PZZ.
Amendments to the PZZ in the Moscow region
In the Moscow Region, the executive body authorized to develop master plans for territories and PZZ territories is the Head of Architecture of the Moscow Region. The Head of Architecture acts as the customer for the development of the PZZ, and the executors are the Research Institute Project and the Research Institute of Urban Planning.
The basic procedure for making changes to the PZZ of the Moscow region is the same as in Moscow:
- Development of supporting design materials (booklet).
- Submitting an application on behalf of the customer to amend the PZZ.
- Consideration of the application by the authorized authority.
- Approval of changes to the PZZ by the authorized body.
Making changes to the GPZU when legitimizing (legalizing) self-construction
When approving (legalizing) unauthorized construction or illegal reconstruction of a building, it is mandatory to make changes to the GPZU, more precisely to the land use and development rules (PLZ) in terms of changing the maximum permissible construction parameters, the purpose of the building and the type of permitted use of the land.
For more information on the legalization of self-construction, see here.
Consequences of the construction and/or operation of the GPZU building
Payment of fines for illegal construction (if this violation is detected)
It is impossible to start design (GPZU is the basis for design)
It is impossible to obtain a Construction Permit (GPZU is the basis for obtaining all permits and approvals)
It is impossible to carry out registration actions (you cannot register and sell, since the parameters of the constructed building may differ from the Unified State Register data)
Termination of the Land Plot Lease Agreement (due to the use of the land plot for other purposes)
Demolition of an illegally constructed building (according to Moscow Government Decree No. 829-PP dated December 8, 2015)
To develop a land plot, it is necessary to obtain an urban development plan for the land plot (hereinafter referred to as the GPZU). It contains information about the land plot, in particular about its boundaries, the boundaries of public easement zones, types of permitted use, and maximum parameters for the development of the site (Article 57.3 of the Civil Code of the Russian Federation). The purpose of obtaining an urban development plan In practice, the GPZU is necessary to obtain a construction permit (in this case, as a general rule, the validity period of the GPZU is three years), preparation of project documentation, as well as obtaining permission to put the facility into operation (clause 1, part 6, art. 48, clause 2, part 7, article 51, clause 2, part 3, article 55 of the Civil Code of the Russian Federation).
The information recorded in the GPZU allows you to identify a land plot, as well as determine its location in relation to other land plots, capital construction projects, real estate objects, linear objects and other objects and zones. At the same time, the GPZU does not define specific locations for the placement of capital construction projects, but notes the places of possible and permissible placement of such facilities (taking into account regulatory technical documents in the field of urban planning, as well as fire safety requirements, lighting requirements, environmental protection, etc.). In fact, the GPZU is an information document that contains all the necessary data and information necessary for the design and construction of a capital construction project. The procedure for obtaining an urban development plan In relation to existing land plots, when there is no need to change their previously established boundaries, the GPZU is issued as a separate document. The issuance of GPZU falls within the competence of local governments and is carried out in accordance with administrative regulations. As a general rule, an application for the issuance of a GPZU can be submitted to the local government body at the location of the land plot personally to the responsible official or through the MFC, and also sent in the form of an electronic document signed with an electronic signature. Contact your local government authority. Preparation and issuance of GPZU is carried out electronically through the Public Services Portal, including through the MFC. To do this, you need to fill out the interactive application form on the Portal website. The application must indicate information about all buildings, structures and structures located on the land plot related to capital and non-capital construction projects (if any). The “Cadastral number” field of the application is filled out in strict accordance with the number assigned by the cadastral registration authorities. It is also necessary to submit title documents for the land plot and (or) buildings, structures, structures, premises located on the corresponding land plot (if there is no information in the Unified State Register of Real Estate about registered rights to the property, and also in cases where, in accordance with the legislation of the Russian Federation, the rights real estate objects are not subject to registration in the Unified State Register of Real Estate). An application for the provision of a public service with attached electronic images of documents is signed by the applicant using an electronic signature. Receive a GPZU or a decision to refuse to issue it. The result of your application will be:
- GPZU;
- notification of the readiness of the GPZU;
- decision to refuse to issue a GPZU indicating the reasons for the refusal.
The preparation and issuance of the GPZU is carried out within 14 working days after the local government body receives the relevant application.
