On Architectural Activity In The Russian Federation

Original Language Title: Об архитектурной деятельности в Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102038230

RUSSIAN FEDERATION FEDERAL LAW on architectural activity in the Russian Federation adopted by the State Duma of the year October 18, 1995 (text as amended by the federal laws on out N 196-FZ;
from 01/10/2003 N 15-FL; from 22/08/2004, no. 122-FZ;
from 18.12.2006 y. N 231-FZ; from 18.12.2006 y. N 232-FZ;
from 30.12.2008 N 309-FZ; from 19/07/2011 N 248-FZ) Chapter i. General provisions article 1. The purpose and objectives of this federal law 1. This federal law regulates relations arising in the course of professional activities of an architect for the creation of architectural sites in order to provide a safe, environmentally sound, socially and spiritually fulfilling, supportive Wednesday of human life and society.
2. this federal law is aimed at the development of architectural art, promote the protection of works of architecture, monuments of history and culture, as well as natural landscapes.
3. this federal law defines the rights, duties and responsibilities of citizens and legal persons carrying out architectural activities, as well as State authorities, local self-government bodies, customers (developers), contractors, proprietors (owners) of architectural objects. (As amended by federal law from 22/08/2004, no. 122-FZ)
4. (repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 2. Basic concepts for the purposes of this federal law applies the following concepts: architectural activities-professional activity by citizens (Architects), with the aim of creating an architectural object and includes the creative process of creating an architectural project, coordinating the development of all sections of the project documentation for construction or for reconstruction (hereinafter referred to as documentation for construction), supervision of construction of the architectural object, as well as the activities of legal persons in organizing professional activities architects;
architecture-architectural plan of the architectural object is its external and internal appearance, spatial, planning and functional organization, enshrined in the architectural part of the documentation for the construction and built architectural object;
architectural architectural part of the project documentation for construction and planning documentation, containing architectural solutions that comprehensively take into account social, economic, functional, technical, engineering, fire protection, sanitary-epidemiological, environmental, architectural and artistic and other requirements to the object to the extent necessary for the design documentation for construction of objects in the design that the architect should be involved; (As amended by the Federal Act of 19/07/2011 N 248-FZ) architectural object, building, structure, a complex of buildings and their interiors, objects, landscape or landscape architecture, created on the basis of architectural design;
architectural-planning task-complex requirements for designation, main parameters and placing of architectural object on a particular plot of land, as well as mandatory environmental, technical, organizational and other conditions for its design and construction, provided for by the legislation of the Russian Federation and laws of constituent entities of the Russian Federation;
a building permit is the basis for the realization of the architectural project, issued by customer (developer) local government authorities urban districts, urban and rural settlements, the executive authorities of the constituent entities of the Russian Federation-Federal cities of Moscow and Saint Petersburg in order to monitor the implementation of the town planning regulations, the requirements of the approved planning documentation, as well as to prevent harm to the environment Wednesday. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 30.12.2008 N 309-FZ), Article 3. The legal basis for the creation of architectural object 1. Customer (developer)-a citizen or legal person having the intention to carry out construction, reconstruction (hereinafter construction) architectural object, which requires a building permit, must have the architectural project, executed in accordance with the architectural and planning task. (As amended by the Federal law dated 01/10/2003 N 15-FZ)
2. A building permit is not required if the construction works shall not entail changes in the external architectural appearance established city or other locality and their individual objects and do not affect the characteristics of reliability and safety of buildings, structures and utilities. (As amended by federal law from 22/08/2004, no. 122-FZ) definition of a list of objects for which a building permit is not required, refers to the powers of the organs of State power of the constituent entities of the Russian Federation. Construction of any object must be carried out with the permission of the land owner and (or) buildings, structures and in compliance with planning, building codes and regulations.

3. Architectural and planning assignment is issued on request of the customer (developer) the authority responsible for architecture and urban planning (hereinafter referred to as the body of architecture and urbanism), in accordance with the legislation of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ) of architectural and planning task should contain provisions approved by the town planning documentation, required environmental, sanitary and epidemiological fire architectural requirements, object, requirements for protection of monuments of history and culture, construction in special conditions (sejsmozona, zone of permafrost and others), requirements for compliance with the rights of citizens and legal persons whose interests are affected by the construction. (As amended by the Federal Act of 19/07/2011 N 248-FZ) may not be included in the architectural and planning assignment of requirements to the architectural and constructive solutions, domestic equipment, interior finishing of the architectural object, as well as other terms and conditions that limit the rights of the customer (the Builder) and author of an architectural project, if such terms and conditions are not based on the provisions of the existing legislation, regulations, planning regulations, approved by the town planning documentation not justified by the need to preserve the character of the current city or other locality, natural Wednesday and for the protection of monuments of history and culture. (As amended by federal law from 22/08/2004, no. 122-FZ) basis for the issuing of the architectural planning assignment are application customer (the Builder) and documents proving his ownership (right of disposal) of land or land owner permission for the design on this site. (As amended by federal law from 22/08/2004, no. 122-FZ) in issuing the architectural planning assignment may be refused if the intention of the customer (developer) contravene existing legislation, normative acts, town-planning regulations, the provisions of the approved planning documentation, rules for the city or other settlement. Refusal to grant the architectural planning assignment may be appealed by the customer (developer) in court. (As amended by federal law from 22/08/2004, no. 122-FZ)
4. In the construction of individual architectural objects, certain approved town planning documentation, architectural-planning task should be developed on the basis of obligatory conduct pre-project research or contests to architectural design. The procedure and conditions for the conduct of these studies or contests are determined by architecture and urban planning authorities of constituent entities of the Russian Federation.
Competition for the architectural project is carried out with the participation of public vocational and creative organisations (associations) architects. (As amended by the Federal law dated 01/10/2003 N 15-FZ)
5. (the first paragraph repealed Federal Act from 22/08/2004, no. 122-FZ) refusal to issue building permit may be appealed by the customer (developer) in court. (As amended by federal law from 22/08/2004, no. 122-FZ)
6. (repealed first paragraph-the Federal law from 18.12.2006 y. N 232-FZ) issued the architectural-planning task body architecture and urbanism, when verifying the conformity of decisions of the architectural project demands of architectural planning assignment is not entitled to review the project on matters not included in the requirements of the architectural planning assignment and falling under the authority of the customer (the Builder) and author of an architectural project.
(Third Paragraph deleted-the Federal law dated 01/10/2003 N 15-FZ)
7. Architectural project, taking into account the requirements of city planning laws, mandatory requirements in the field of design and construction, codes, appropriate urban planning regulations, regulations for the city or other locality job on design and architectural planning assignment, is mandatory for all participants in the implementation of the architectural project with the date of receipt on it through building permits. One instance of architectural design and documentation shall be deposited in the appropriate organ of the architecture and urban planning with the subsequent transfer of these documents in the State archives in the manner prescribed by the legislation of the Russian Federation. Monitoring of the implementation of the architectural project is carried out in accordance with the legislation of the Russian Federation. (As amended by the federal laws from 22/08/2004, no. 122-FZ; from 19/07/2011 N 248-FZ) Article 3-1. Architectural activities of foreign citizens, persons without citizenship and foreign legal persons

Foreign citizens, stateless persons and foreign legal entities carry out architectural work on a par with Russian citizens and legal entities, if provided for by an international treaty of the Russian Federation. In the absence of an international treaty of the Russian Federation, foreign citizens, stateless persons and foreign legal entities may take part in architectural activities in the territory of the Russian Federation with the architect-Russian citizen or legal entity.
(Article supplemented by federal law from 01/10/2003 N 15-FZ) Article 3-2. Architectural activities of Russian citizens and legal entities on the territory of a foreign State, Russian citizens and legal entities can carry out architectural work on the territory of a foreign State, if this is not contrary to international treaties of the Russian Federation and the legislation of the Russian Federation.
(Article supplemented by federal law from 01/10/2003 N 15-FZ), chap. II. (Chapter II of the Federal law is excluded from 01/10/2003 N 15-FZ), chap. III. The rights and duties of citizens and legal persons carrying out ACTIVITIES Article 12 ARCHITECTURE. The right architect and a legal person (as amended by the Federal law dated 01/10/2003 N 15-FZ), architect and legal person on the basis of the contract with the customer (developer) have the right to: (as amended by the Federal law dated 01/10/2003 N 15-FZ) to request and receive from the relevant authorities of the architectural planning assignment, other information and documents necessary for pre-project studies, design and construction of architectural object;
defence agreed with the customer (developer), the architectural decisions in their examination and consideration by the relevant bodies;
participate in the development of all sections of the documentation for construction, coordinating all changes of architectural solutions adopted an architectural project, or undertake on behalf of the customer (the Builder) to guide the development of all sections of the documentation for construction;
bring on a contractual basis to develop documentation for building the necessary assistants, consultants and technicians, taking responsibility for the volume and quality of their work;
to represent and defend the interests of the customer (developer) on his behalf when entering into contracts on construction of architectural object; assist in organizing or tenders (auctions or competitions) for the award of contracts for construction;
exercise supervision of construction of the architectural object or on behalf of the customer (the Builder) to be his representative on construction responsible for this object, exercising control over the quality of construction materials, quality and volume of executed construction works and financial control;
participate in acceptance of architectural commissioning or on behalf of the customer (the Builder) to be his representative responsible for acceptance of the specified object;
consult on investment, construction and operation of architectural objects, and perform other functions of the customer (the Builder). (As amended by federal law from 18.12.2006 y. N 232-FZ) Article 13. The main responsibilities of the architect and the legal person (as amended by the Federal law dated 01/10/2003 N 15-FZ dated December 30, 2008) 1. Architect and a legal person in the exercise of the architectural activities are required to comply with: (as amended by the Federal law dated 01/10/2003 N 15-FZ) legislation of the Russian Federation and laws of constituent entities of the Russian Federation in the field of architectural activity;
mandatory requirements in the field of design and construction; (As amended by the Federal Act of 19/07/2011 N 248-FZ), urban planning, building regulations and environmental rules and regulations;
the procedure for the implementation of urban planning in the territory of the Russian Federation and rules for the city or other locality; (As amended by federal law from 22/08/2004, no. 122-FZ) requirements of the architectural planning assignment;
customer requirements (Builder), as outlined in the job to design, not inconsistent with the requirements of this article.
2. The architect may not divulge information about customer intent (the Builder) for implementing architectural design without his consent. (As amended by the Federal law dated 01/10/2003 N 15-FZ)
3. Architect is not entitled to assume the obligations of a responsible representative of the customer (the Builder) at the conclusion of the contracts on construction, with the author's supervision of the construction of the architectural object and the specified object for acceptance into operation when you have personal interest in the profits of the contractor organization participating in the bid contract, and also do not have the right to participate in the contest for the architectural project as a member of the jury of this contest. (As amended by the Federal law dated 01/10/2003 N 15-FZ) Article 14. The contractual relationship in the field of architectural

activities create, implement and otherwise use architectural project are carried out only on the basis of agreements concluded in accordance with the legislation of the Russian Federation.
Article 15. Guarantees of the architect 1. Public authorities contribute to an organizational, resource and other conditions for free creativity of the architect, the architectural development of science and education.
2. authorized by the Government of the Russian Federation, federal bodies of executive power in the field of architecture and urban planning, public vocational and creative organizations (associations) architects, in accordance with their statutes, are involved in the protection of the rights of the architect and provide freedom of creativity of the architect, within the limits of their competence. (As amended by federal law from 22/08/2004, no. 122-FZ), chap. IV. (Repealed-the Federal law from 18.12.2006 y. N 231-FZ) Chapter v: PROCEDURE CHANGES of ARCHITECTURAL DESIGN and ARCHITECTURAL OBJECT Article 20. Changes in architectural design 1. Changes in the formulation of an architectural project documentation for construction or during the construction of the architectural object are made exclusively with the consent of the author of an architectural project, and in case of deviations from the requirements of the architectural planning assignment is also in agreement with the relevant body of architecture and urbanism.
2. the customer (developer), or contractor may not attract the author of architectural design with his consent to design documentation for construction and to the author's supervision over construction of the architectural object, assuming the architectural project without modification.
3. If the author of an architectural project will identify deviations from the project when its realization, he shall notify the authority which issued the building permit, to take the necessary measures to prevent possible damage, as well as taking measures to prevent infringement of copyright in a work of architecture in accordance with the current legislation.
Article 21. Changes of architectural object 1. Changes of architectural object (completion, restructuring, redesign) are carried out in accordance with the Civil Code of the Russian Federation and an agreement for the creation and use of an architectural project. (As amended by federal law from 18.12.2006 y. N 231-FZ)
2. changes of architectural objects whose construction requires a building permit shall be made in accordance with article 3 of this federal law.
3. Order changes of architectural sites, awarded State and other prizes in the field of architecture, is established by the Government of the Russian Federation Federal Executive Body for coordination in the field of architecture and town planning. (As amended by federal law from 22/08/2004, no. 122-FZ)
4. Work on the reconstruction, restoration and repair of monuments of history and culture of the State, as well as the construction, repair, reconstruction of objects in zones of protection are implemented in accordance with the law of the RSFSR on the protection and use of historical and cultural monuments ".
5. monitoring the implementation of the provisions of this article shall be carried out by a body of architecture and urbanism, which issued the architectural planning assignment.
Chapter VI. The COMPETENCE of the BODIES of architecture and town-planning and professional CREATIVE organizations (associations) ARCHITECTS Article 22. The competence of the bodies of architecture and urban planning in architecture 1. Authorized by the Government of the Russian Federation Federal Executive Body for coordination in the field of architecture and town planning and the relevant bodies of the constituent entities of the Russian Federation shall form a unified system of executive power in the field of architecture. Architecture and town-planning authorities operate based on city planning laws, this federal law and the relevant provisions on the bodies of architecture and urbanism. (As amended by federal law from 22/08/2004, no. 122-FZ)
2. Authorized by the Government of the Russian Federation Federal Executive Body for coordination in the field of architecture and town planning with the participation of relevant bodies of the constituent entities of the Russian Federation carries out elaboration and realization of State policy in the field of architecture, coordinates the work of the bodies of architecture and urbanism, ensures the development of normative legal acts. (As amended by the federal laws from 01/10/2003 N 15-FL; from 22/08/2004, no. 122-FZ)

3. Local self-government bodies in the order established by current legislation, may have the authority to regulate the architectural activities established by this federal law. Monitoring of these powers are exercised by the Government of the Russian Federation authorized federal executive body for coordination in the field of architecture and town planning and the relevant bodies of the constituent entities of the Russian Federation. (As amended by federal law from 22/08/2004, no. 122-FZ)
4. bodies responsible for architecture and urbanism, headed by chief architects. The candidature of the Chief Architect selected in accordance with the established procedure on a competitive basis and approved by the relevant executive authority. (As amended by the Federal law dated 01/10/2003 N 15-FZ)
5. In the cities and other settlements with a population of less than fifty thousand residents (with the exception of resort towns and historical cities) and in different municipalities of the post of Chief Architect can be a person with higher or secondary architectural education. (As amended by the Federal law dated 01/10/2003 N 15-FZ), Article 23. Professionally-creative organizations (associations) architects 1. Research Centre in the field of architecture, urban design and building Sciences is Russian Academy of architecture and construction Sciences.
2. public vocational and creative organizations (associations) architects (urban planners, designers), in accordance with their statutes, exercise the functions of protecting the professional interests of Architects (urban planners, designers and members of other professions in the field of architecture and urbanism).
(Second paragraph deleted-the Federal law dated 01/10/2003 N 15-FZ), chap. VII. LIABILITY for BREACH of Article 24 of THIS FEDERAL LAW. Administrative liability 1. A citizen or legal person engaged in the construction of architectural object without a building permit (unauthorized building) or with violation of approved planning documentation shall bear responsibility in accordance with the code of the Russian Federation on administrative offences. (As amended by federal law from out N 196-FZ)
2. A citizen or legal person who, in the course of realization of the architectural project deviations from the project without approval from the author of the architectural project and the authority which issued the building permit are required to eliminate the violations. Persons who have these violations are subject to a fine ranging from ten to twenty set by federal law, the minimum wage.
3. Persons performing architectural work without licenses, are subject to a fine ranging from twenty to thirty established by federal law, the minimum wage.
4. the official organ of the architecture and urbanism of the subject of the Russian Federation or an official of the local government for the violation of the procedure of issuing architecture planning tasks and building permits is subjected to a warning or a fine of from ten to twenty set by federal law, the minimum wage.
5. The case of the offences provided for in paragraphs 2, 3, 4 of the present article shall be treated by the State architectural and construction supervision in the manner prescribed by chapter 21 of the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences and the law of the Russian Federation on administrative liability of enterprises, institutions, organizations and associations for offences in the field of construction.
Article 25. Liability 1. Person, whose right has been violated in the implementation of architectural activity may demand full compensation for losses suffered in accordance with the civil legislation of the Russian Federation.
2. Damages caused by the author of an architectural project as a result of a violation of his copyright, be refunded in the manner prescribed by the legislation in force.
3. The person responsible for the construction or modification of the architectural object without proper construction permits, shall, at its own expense, carry out demolition (full disassembly) of unauthorized buildings or architectural facility and the land to its original state.
4. a person is guilty of actions, resulting in injury or environmental damage suffered personality Wednesday, monument history or culture, valuable urban or natural landscape, the responsibility established by the legislation of the Russian Federation. (As amended by federal law N 309-FZ)
5. A citizen or legal person carrying out architectural activities, bear property liability in accordance with the civil legislation of the Russian Federation for nonperformance or improper performance of contractual obligations.
Chapter VIII. FINAL PROVISIONS Article 26. The entry into force of this federal law

This federal law shall enter into force on the day of its official publication.
Article 27. Bringing of normative legal acts in accordance with this federal law to instruct the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N 169 November 17, 1995-FZ