A draft law has been submitted to the State Duma to soften the regulation of territories with special conditions of use
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A draft law has been submitted to the State Duma, softening the regulation of territories with special conditions of use – security, sanitary and protective, and the like. To take into account the real urban development situation, the government proposes to reduce the current list of types of such zones and reconsider the approach to their creation. In order to reduce the number of conflict situations, when objects located in the vicinity of special territories are subject to demolition, the amendments provide for the possibility of concluding agreements between interested parties on how to comply with restrictions. Experts note that the project eliminates the redundancy and uncertainty of regulation of such zones.
The government has submitted to the State Duma a bill softening state regulation of zones with special conditions for the use of territories (ZOUIT). This, let us explain, is about a special regime for the use of territories, in which various restrictions are applied (for example, a ban on construction or the establishment of requirements for the construction of objects). Under such a regime, in particular, security, sanitary-protective, aerodrome territories fall under. Sometimes they occupy significant areas and often become a cause of controversy – after all, the ZOUIT regime applies not only to the site where the object that caused the introduction of the regime is located, but also to neighboring ones – which can threaten to demolish the buildings located on them.
In 2018, a comprehensive law was adopted that reformed the ZOUIT institution – a closed list of 28 types of zones was established, the procedure for establishing was regulated, and the need to include data about them in the USRN was prescribed. As Rosreestr explained to Kommersant, now “the need to ease regulation has arisen due to the fact that the existing ZOUIT are established according to rules that require revision and do not take into account the real urban development situation in cities and other settlements.” The main problems, the department adds, are the significant restrictions imposed by the ZOUIT on existing real estate and vacant land that can be involved in circulation.
In connection with this bill, the list of types of ZOUIT is reduced – it excludes surveillance zones and security zones for nuclear facilities (since they do not provide for restrictions on land rights), as well as protected zones of metro infrastructure facilities (as it turned out, their absence did not have any negative impact on the safety of such objects).
In order to reduce the timeframe for the implementation of investment projects, the very approach to the formation of the ZOUIT is being revised – if now such a zone must be established before the issuance of a permit for the construction of the facility, which requires a special regime, then it is proposed to shift this period until the facility is put into operation.
It also provides for the possibility of out-of-court settlement of disputes between the owners of the objects due to which the ZOUIT was installed, and the owners of other capital buildings in this territory – in order to “minimize cases of demolition and disputes about the legality of their construction.” An agreement may be concluded between the parties on the implementation of “functional, technological, constructive, engineering and other solutions”, as a result of which compliance with the requirements under the ZOUIT will be ensured. Note that there will be no such agreements in the sanitary protection zones.
Zharov Group Managing Partner Evgeny Zharov notes that there are a number of problems in connection with the ZOUIT – in particular, due to the lack of information about such zones, owners and buyers of real estate “cannot be sure that the site is not subject to restrictions”, there are also no provisions for all types of zones that determine, for example, the content of restrictions. The bill, says Anna Zholobova, head of the real estate and construction practice at the Regionservis Bar Association, is aimed at “eliminating the redundancy and uncertainty of ZOUIT regulation” – for example, reducing the types of zones eliminates additional administrative barriers.
Yaroslav Shitsle, a lawyer at Rustam Kurmaev & Partners law firm, notes that the project “will reduce part of the burden on developers and will save time and money – for example, the requirement to establish a ZOUIT at the time of obtaining a building permit could create significant inconvenience.” However, Anna Zholobova believes that the establishment of a POIT after the commissioning of an object “requires additional study, since it creates potential risks of the emergence of objects without taking into account the corresponding zone and, accordingly, violation of the rights of owners of neighboring real estate objects after commissioning.”
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