1. Forming a comfortable urban environment.
Analysis of the existing urban development in various cities of Russia over the past fifteen years leads to the conclusion that effective urban planning solutions when planning and building residential areas and micro-districts in cities affect the development of the socio-cultural and economic spheres of life, the comfort of their living, the volume of the population's needs, the investment attractiveness, the development of small and medium-sized businesses, and the increase in the number of jobs.
In my opinion, this is one of the main factors that motivate the legislator to change the town-planning legislation, as the transition from the practice of dotted or compacted residential development to integrated development of territories for the purpose of housing or infrastructure construction positively influences the development of the urban environment.
The concept of "integrated development of the territory" appeared in Russian legislation recently - with the introduction of Federal Law No. 191-FL of 29.12.2004 "On the Implementation of the Town-Planning Code of the Russian Federation" in the Land Code of the Russian Federation of a number of articles, including Art. 30.2 "Peculiarities of granting land plots for their integrated development for the purposes of housing construction from lands in state or municipal ownership".
The new town-planning policy provides for a comprehensive development of the territory also for the construction of transport, communal, social and commercial infrastructures, as well as other facilities in according with the planning documentation for the territory.
The appearance of these types of town-planning decisions is caused by the reasons for the need for the creation and effective development of land from unused public lands in state or municipal ownership, as well as the improvement of the used, but not sufficiently developed in according with modern requirements for the comfort of the population and their needs.
Undoubtedly, complex development has many important advantages, however, a reasonable question arises as far as it is inferior to point and densified development, what obvious shortcomings of point and compact construction alter all urban planning practices.
In practice, the shortcomings of the compacted and dotted building of the urban environment are cumulative in nature and don`t manifest themselves momentarily, but in general they are enough from small to large, in particular, they include: the lack of the necessary amount of green zone, children's and sports grounds, lack of socially significant facilities to serve the needs of residents, a significant increase in the level of air pollution, noise level, the systematic occurrence of accidents and interruptions in the work of engineering communications due to increasing them load, increase in financial expenses for maintenance of engineering and communication infrastructure, lack of vehicle maintenance facilities, reducing the level of safety of pedestrians, lack of accommodation facilities for small and medium-sized businesses, and others.
At the same time, such a short period of the existence of the new town-planning policy does not allow making unambiguous and final conclusions about the advantages and disadvantages of integrated development of the territory, however, it is possible to single out some of them at the moment.
The advantages of integrated development of the territory for housing construction include the creation of a kind of "single complex", where apart from residential buildings there are social and engineering infrastructure facilities, kindergartens and schools, shops, sports facilities, landscaped courtyards are landscaped architecture, children's playgrounds are equipped, commercial real estate objects are located. Such "single complexes" create space and opportunities for the development of small and medium-sized businesses in the field of catering services, cultural and entertainment recreation, sports and recreation sections, private educational services, which affects the increase in the number of jobs.
The building companies themselves also benefit from the integrated development of the territory, since the territories provided for the most part have large areas and when they are purchased or rented, construction companies have their own savings, which is expressed primarily in the cost of housing.
According to various construction companies, the level of reduction varies from 10 to 20%, but, as a rule, this difference goes to the social infrastructure, the construction of which the developer takes care of.
The advantages of integrated development of the territory used by construction companies are also attractive to the buyer, because obviously the presence of social and engineering infrastructure is a stimulating factor for increasing the demand for this facility.
Advantages can also be attributed to the occurrence of such projects in the zone of public interests, in the implementation of which the state in every way contributes.
Of course, not all construction companies can agree with the latest approval.
The shortcomings of the integrated development of the territory, which are considered by the construction companies, is the long-term nature of the project, attracting considerable own investments and the lack of the possibility of a quick profit, as is the case with point and sealing construction.
2. Equalizing the interests of developers and home buyers.
2014 and 2015 were marked by a number of significant changes in the legislation of the Russian Federation in the field of equity participation in the construction of apartment buildings, in the construction of housing cooperatives in apartment buildings, the procedure for the acquisition of land plots in state or municipal ownership for further housing construction.
These changes inherently include stricter requirements for developers, a detailed regulation of their activities, the creation of guarantees for the protection of the rights of home buyers and, of course, the creation of a transparent market for real estate under construction.
The need for these changes is dictated by the increasing number of illegal construction throughout Russia, the full legal nihilism of the "black" developers and the aggravating legal situation of citizens who have acquired disputed living quarters on the capital accumulated over the years or on borrowed funds.
First of all, we should note the high potential and prospects for the development of the construction market in the Krasnodar Territory, the successful implementation of new construction technologies.
For this purpose, we draw attention to the competitiveness rating of the economies of the cities of the Southern Federal District, conducted by the Department of Economic Development, Investments and External Relations of the administration of the municipal entity Krasnodar.
According to the statistical rating of social and economic development for 2014, the city of Krasnodar (1719.3 thousand square meters) is leading by the commissioning of residential buildings due to all sources of financing.
As it was pointed out, despite the successes there are also failures of the construction market of the Krasnodar Territory and speaking about this, it is necessary to cite data on illegal construction in Krasnodar for the same year 2014.
As of March 2014, there were 394 lawsuits in the courts to demolish illegally constructed facilities. 119 of them concerned multi-apartment buildings.
As of August 14, 2015. according to the list of illegal construction in Krasnodar, posted on the website of the Administration of the City of Krasnodar and the city Duma of Krasnodar, a list of land plots on which multi-apartment houses and townhouses are erected or erected by developers without permits or with deviations from the parameters of the issued building permit, is 38 objects.
The list of apartment buildings, for which execution papers on demolition are presented, is 13 objects.
As of 03.03.2016, the list of land plots on which multi-apartment houses and townhouses are built or built by developers without permits or with deviations from the parameters of the issued construction permit is 29 objects.
The list of apartment buildings for which execution papers are submitted on their demolition is 6 objects.
Based on the analysis of recent years, a list of so-called "Black developers" both across Russia, and separately in the Krasnodar Territory and Krasnodar, a so-called "black building" has been formed. "Map of illegal construction in the city of Krasnodar."
Since January 1, 2014, amendments to Federal Law No. 214-FZ of December 30, 2004 "On participation in the joint construction of apartment buildings and other real estate objects and on amending certain legislative acts of the Russian Federation" related to the introduction of a mandatory insurance on the civil liability of the developer, the bank's guarantee for the developer.
The fulfillment of the obligations of the developer for transferring the living quarters to the participant in the shared construction along with the pledge must be provided at the option of the developer in one of the following ways:
- guarantee of the bank;
- insurance of civil liability of the developer for non-fulfillment or improper performance of obligations to transfer the residential premises to the participant of shared construction.
- Ensure the obligations of the developer of the bank's guarantee, the banks that carry out banking activities have the right not less than five years, with a statutory capital of at least 200 million rubles.
- The validity of the guarantee must be at least two years longer than the period for the transfer of the shared construction site to the participant in the shared construction stipulated by the contract.
It should be noted that earlier the validity of the guarantee was six months.
To insure the civil liability of the developer, insurance companies that have insurance activity for at least five years have the right; with the presence of own funds in the amount of not less than 400 million rubles, including the authorized capital of not less than 120 million rubles.
In addition, rules began to apply for mutual insurance of civil liability of developers, including the procedure for concluding an insurance contract, payment of insurance compensation, the features of creating a society for mutual insurance of civil liability of developers.
It should be noted that the members of the Consumer Society for Mutual Insurance are civil liability developers, registered at: 111024, Moscow, Aviamotornaya st., 10, building. 2 steel 19 construction companies in the southern federal district, 10 of which operate in the Krasnodar Territory. The largest number of members of the society of mutual insurance of developers in the number of 142 registered in the central federal district.
The state control and supervision in the field of shared construction of apartment buildings and (or) other real estate objects is strengthened.
A register of citizens has been created whose rights have been violated by developers.
A considerable part of the objects of illegal construction falls on housing construction cooperatives.
This is due to the possibility to evade the requirements of Federal Law No. 214-FZ "On participation in the shared construction of apartment buildings of other real estate" through the organization of housing and construction cooperatives, whose illegal activities built entire blocks of five or six storeyed apartment buildings.
There are often cases when construction of a six-story apartment building was carried out, and the construction permit issued by the housing and communal services provided for three floors or, at the same time, the type of permitted use of the land plot on which the disputable object was illegally erected had a direct prohibition on its construction.
Of course, it is not possible to recognize the right to own illegally built residential areas administratively, in connection with which it is possible to do this only in court and not always in absolutely legal ways.
Thus, whole blocks were built, without the need for developers to post on the Internet or the media a project declaration, nor to receive a bank guarantee or insurance of civil liability. In fact, the shareholders were not insured against the unscrupulous actions of the HBC managers.
The Federal Law of July 24, 2008 N 161-FZ "On the promotion of housing construction" was amended in the Housing Code of the Russian Federation in the organization and operation of housing and housing cooperatives.
Amendments to the Housing Code of the Russian Federation provide for the duty of the HBC from July 1, 2016. the information on the owner of the land plot, the cadastral number and its area, as well as information on the location of the house under construction, the number of living quarters, technical characteristics of the facility, the estimated period for obtaining the permit for commissioning. Moreover, all of the above should be provided to a member of this cooperative at the first request.
The legislator took the path of almost complete prohibition of the provision of land for the construction of public lands in the ownership (paragraph 2 of Article 39.1 of the RF LC). In this regard, land plots, in accordance with the main type of permitted use of which the construction of buildings and structures is envisaged, can be provided at auctions only on the right of lease (clause 7, article 39.11 of the RF LC).
Summarizing, we can conclude that the improvement of urban development and the trends in the urban development legislation are aimed at observing the basic principles of town-planning legislation, balancing the interests of developers and home buyers, creating a transparent construction market, affordable housing, comfortable living and guaranteeing the acquisition of purchased housing.
Roman Adilkhanov, lawyer