On Architectural Activity In The Russian Federation

Original Language Title: Об архитектурной деятельности в Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW About the Russian Federation Adopted by the State Duma on 18 October 1995 class="ed">(In the Federal Law of 30.12.2001) N196-FZ; of 10.01.2003 N 15-FZ; of 22.08.2004 N 122-FZ; of 18.12.2006 N 231-FZ; of 18.12.2006 N 232-FZ; dated 30.12.2008. N 309-FZ; dated 19.07.2011 N 248-FZ) Chapter I. GENERAL PROVISIONS Article 1. The purpose and purpose of this Federal Law is 1. This Federal Law regulates the relations that arise in the process of professional activity of the architect for the creation of architectural objects in order to ensure a safe, environmentally friendly, socially and spiritually complete, favorable of human and social life. 2. This Federal Law is aimed at the development of architectural art, promotion 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 entities engaged in architectural activities, as well as state authorities, local authorities, customers (developers), contractors, owners (owners) of architectural objects. (In the wording of Federal Law of 22.08.2004) N 122-FZ 4.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 2. Basic concepts For the purposes of this Federal Act, the following basic concepts are applied: architectural activity-the professional activities of citizens (architects), which is designed to create an architectural object and includes the creative process of creating an architectural project, coordinating the development of all sections of the project documents for construction or reconstruction (hereinafter referred to as the documentation for Construction), the author's supervision of the construction of the architectural object, and also the activities of legal entities in the organization of professional activity of architects; architectural solution-author's design-the architectural object-its external and internal appearance, spatial, planning and design a functional organization that is captured in the architectural part of the construction documentation and implemented in the built architecture; architectural design is the architectural part of the construction documentation and town planning documentation containing architectural solutions that comprehensively Take into account the social, economic, functional, engineering, technical, fire, sanitary-epidemiological, environmental, architectural and other requirements for the facility, as required by the Development of documentation for the construction of objects that require the architect's involvement; (In the wording of Federal Law , dated 19.07.2011 N 248-FZ) architectural object-building, structure, complex of buildings and structures, their interior, landscaping, landscape or garden-park art, created on the basis of an architectural design; Planning work-complex of requirements for assignment, basic parameters and accommodation of an architectural object on a specific land plot, as well as obligatory environmental, technical, organizational and other conditions of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION urban planning documentation, as well as for the prevention of Causing damage to the environment. In the wording of the federal laws of 22.08.2004, N 122-FZ; dated 30.12.2008. N 309-FZ) Article 3. The legal basis for creating an architectural object 1. The customer (developer) is a citizen or a legal entity who has the intention of construction, reconstruction (hereinafter-construction) of the architectural object for which the construction permit is required architectural design that was executed in accordance with the architectural plan. (In the wording of Federal Law of 10.01.2003) N 15-FZ 2. A construction permit is not required if the construction work does not involve changes in the external architectural appearance of the developed city or of the other locality and their separate facilities affect the reliability and safety of buildings, structures and engineering communications. (In the wording of Federal Law of 22.08.2004) N 122-FZ ) The definition of the list of objects for which construction is not required is the responsibility of the State authorities of the constituent entities of the Russian Federation. The construction of any facility should be carried out with the permission of the owner of the land and (or) the building, construction and maintenance of town planning, building codes and regulations. 3. Architectural planning order is issued upon application of the developer (developer) by the authority responsible for architectural and urban development issues (hereinafter-the architecture and town planning authority), in accordance with the law of the Russian Federation Federation. (In the wording of Federal Law No. N 122-FZ) Architectural planning task should contain provisions of approved town planning documentation, mandatory environmental, sanitary-epidemiological, fire requirements architectural object, requirements for the protection of historical and cultural monuments, guidelines for construction under special conditions (seismology, zone of permafrost and others), requirements for the observance of the rights of citizens and legal entities whose interests are affected by the progress of the construction. (In the wording of the Federal Law of 190.07.2011) N 248-FZ) It is not possible to include architectural and design requirements, interior fittings, architectural objects, and other requirements and conditions in an architectural and planning order. the limitations of the rights of the developer (developer) and the author of the architectural design, if such requirements and conditions are not based on the provisions of the existing legislation, regulatory legal acts, town planning regulations, approved town planning documentation, not justified by the need to maintain The nature of the established development of the city or of a other settlement, the natural environment and the protection of historical and cultural monuments. (In the wording of Federal Law of 22.08.2004) N 122-FZ The basis for the development of an architectural and planning order is the application of the developer (the developer) and the documents certifying his ownership (right to dispose) land or the owner's permission Land for design at this site. (In the wording of Federal Law of 22.08.2004) N 122-FZ ) The delivery of an architectural and planning order may be refused if the developer's intentions are contrary to current legislation, regulations, town planning regulations, and regulations The approved town planning documents, the rules of the city or other settlement. The refusal to issue an architectural and planning task can be appealed by the developer (developer) to the court. (In the wording of Federal Law of 22.08.2004) N 122-F) 4. For the construction of separate architectural objects, defined by the approved town planning documentation, the architectural planning task should be developed through mandatory pre-project studies or competitions on the basis of architectural design. The procedure and conditions for carrying out these studies or competitions are determined by the bodies of architecture and town planning of the constituent entities of the Russian Federation. The architectural project is organized with the participation of public professional and creative organizations (associations) of architects. (In the wording of Federal Law of 10.01.2003) N 15-FZ 5.(Paragraph was first lost-Federal Law of 22.08.2004). N 122-FZ) Denial of construction permit may be appealed by the developer (developer) to the court. (In the wording of Federal Law of 22.08.2004) N 122-FZ 6.(Paragraph was first lost-Federal Law of 18.12.2006). N 232-FZ) The architecture and town planning authority of the architectural and urban design authority, when it checks the architectural design of the architectural design, is not entitled to perform an expert review a project on issues not included in the requirements of the architectural and planning task and the author of the architectural project. (Paragraph third is excluded-Federal Law of 10.01.2003) N 15-FZ 7. An architectural design that takes into account the requirements of urban planning legislation, the mandatory requirements in the design and construction, the vaults of the rules, of the relevant urban planning regulations. standards, city development rules, or other locality, design and planning tasks are a document that is binding on all participants of the architectural project from the day Based on the construction permit. One copy of the architectural project and the executive documentation shall be deposited in the appropriate organ of architecture and town planning, with the subsequent transfer of these documents to the state archives in accordance with the procedure established by the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION The implementation of the architectural project is monitored by the Russian Federation Law. (In the federal laws dated 22.08.2004. N 122-FZ; dated 19.07.2011 N 248-FZ) Article 3-1. Architectural activities of foreign citizens, stateless persons and foreign legal entities Foreign nationals, stateless persons and foreign legal entities are engaged in architectural activities " Activities like Russian citizens and legal entities, if this is stipulated in the international treaty of the Russian Federation. In the absence of a relevant international treaty of the Russian Federation, foreign citizens, stateless persons and foreign legal entities may participate in architectural activities in the territory of the Russian Federation only from The architect is a Russian citizen or a legal entity. (Article added: Federal Law of 10 January 2003 N 15-FZ Article 3-2. Architectural activity of Russian nationals and legal entities in the territories foreign states Russian citizens and legal entities can conduct architectural activities in the territories If this is not contrary to the international treaties of the Russian Federation and legislation of the Russian Federation. href=" ?docbody= &prevDoc= 102038230&backlink=1 & &nd=102079708 "target="contents" title= " "> dated 10.01.2003 N 15-FZ Chapter II.(Chapter II is excluded-Federal Law of 10.01.2003) N 15-FZ) Chapter III. RIGHTS AND RESPONSIBILITIES OF CITES AND LEGAL PERSONS, The rights of the architect and the legal person (In the wording of the Federal Law of 10 January 2003, N15 FZ) The architect and legal person on the basis of the contract with the developer (the developer) are entitled: (In the wording of Federal Law dated 10.01.2003 N 15-FZ) to request and obtain from the relevant authorities an architectural and planning mission, other information and basic documents required for pre-project research, design and construction of an architectural object; to protect the architectural decisions agreed upon by the developer (developer) when they are examined and reviewed by the appropriate authorities; to participate in the development of all sections of the construction documentation, agreeing upon all architectural decisions made by the architectural design, or to take over the developer's (developer) guide to develop all of the construction documentation sections; to involve on a contractual basis the development of documentation for the construction of the necessary documentation assistants, consultants and technicians, assuming responsibility for the volume and quality of their work; to represent and protect the interests of the Employer (developer) on his behalf when entering into a contract construction of an architectural facility; provide assistance in organization or tendering (auction or tender) for the conclusion of construction contracts; to supervise the construction of the architectural object or on behalf of the developer (developer) to be responsible representative for the construction of the facility, supervising the quality of construction materials, the quality and volume of construction and assembly work and financial control; take part in the acceptance of the architectural object to be in operation or on behalf of the developer (developer) to be The responsible representative for the acceptance of the specified object into service; to conduct consultations on investment, construction and operation of architectural objects, as well as to perform other functions of the customer (developer). (In the wording of Federal Law of 18.12.2006) N 232-FZ) Article 13. The main duties of the architect and legal person person (In the wording of Federal Law of 10.01.2003) N 15-FZ) 1. The architect and legal person in the implementation of the architectural activities must observe: (In the wording of the Federal Law 10.01.2003 N 15-FZ) Russian legislation and legislation of the constituent entities of the Russian Federation in the field of architecture; Mandatory requirements for design and Construction; (In the wording of Federal Law of 19.07.2011) N 248-FZ) town planning standards, building and environmental regulations and rules; urban planning regulations in the territory of the respective constituent entity of the Russian Federation and regulations the development of a city or other locality; (In the wording of Federal Law of 22.08.2004) N 122-FZ ) Requirements for an architectural design; Customer requirements (developer) set out in a design job that do not conflict with the requirements of this article. 2. The architect is not entitled to disclose the details of the customer's (developer) intentions to implement the architectural project without his consent. (In the wording of Federal Law of 10.01.2003) N 15-FZ 3. The architect does not have the right to assume the obligations of the responsible representative of the developer (the developer) at the conclusion of the construction contract, under the supervision of the construction of the architectural object and the acceptance of the specified object in Operate if there is a personal interest in the profits of the contracting organization participating in the contract, and also shall not be entitled to participate in the competition for architectural design, being a member of the jury of this competition. (In the wording of Federal Law of 10.01.2003) N 15-FZ) Article 14. Treaty relations in the area of architectural activity Creation, realization and other use of the architectural project are carried out only on the basis of contracts concluded in accordance with Russian law THE RUSSIAN FEDERATION Article 15. Architect Activity Warranties 1. The public authorities contribute to the creation of organizational, resource and other conditions for the free creation of the architect, the development of architectural science and education. 2. Government Plenipotentiary of the Federal Government of the Russian Federation in the field of architecture and town planning, public vocational and creative organizations (associations) of architects according to with their statutes, they participate in the protection of the rights of the architect and ensure the freedom of the architect's creativity within the limits of his competence. (In the wording of Federal Law of 22.08.2004) N 122-FZ) Chapter IV (Spconsumed by Federal Law of 18.12.2006) N 231-FZ) Chapter V. THE MODIFICATIONS OF THE ARCHITECTURE PROJECT AND ARCHITECTURAL OBJECT Article 20. Architect project changes 1. The architectural design changes in the architectural design or construction of an architectural site are performed only with the consent of the author of the architectural design, and in the case of deviation from the requirements Planning work is also in agreement with the appropriate architecture and town planning body. 2. The customer (developer) or contractor has the right not to involve the author of the architectural project with his/her consent to the development of the construction documents and to the author supervision of the architectural object under the construction of the architectural leg the project is unchanged. 3. If the author of the architectural project deducts derogations from the project, it shall notify the authority which issued the construction permit to take the necessary measures to prevent possible damage, and shall also take measures to that extent. The prevention of copyright infringement on the product of the architecture in accordance with the applicable law. Article 21. Changes to the architectural object 1. Changes in the architectural object (construction, restructuring, redesign) are carried out in accordance with the Civil Code of the Russian Federation and A contract for the creation and use of an architectural project. (In the wording of Federal Law of 18.12.2006) N 231-FZ 2. The modifications to the architectural objects required by the construction permit shall be carried out in accordance with the procedure established by article 3 of this Federal Law. 3. The procedure for changes to architectural objects that have been awarded state and other prizes in the field of architecture is established by the [ [ Government of the Russian Federation]] Activities in the field of architecture and urban development. (In the wording of Federal Law No. N 122-F) 4. Works on reconstruction, restoration and repair of monuments of history and culture, consisting of state accounting, as well as construction, repair and reconstruction of facilities in the security zones are carried out in accordance with the Law of the RSFSR " About the protection and use of historical and cultural monuments " 5. The monitoring of the implementation of this article shall be carried out by the architectural and urban planning authority which issued the architectural and planning order. Chapter VI: THE COMPETENCE OF ARCHITECTURE AND THE PROFESSIONALS AND PROFESSIONAL ORGANIZATIONS (ASSOCIATIONS) ARCHITECTORS Article 22. The Competence of Architecture and Urban Development in Architecture 1. The Government of the Russian Federation is responsible for coordinating the activities in the field of architecture and urban development and the relevant bodies of the constituent entities of the Russian Federation. A unified system of executive power in the field of architecture. The architecture and urban planning bodies operate on the basis of urban planning legislation, this Federal Act and the relevant provisions on architecture and urban planning. (In the wording of Federal Law of 22.08.2004) N 122-F) 2. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Undertakes the development and implementation of State policy in the field of architecture, coordinates the work of the architecture and urban planning bodies, ensures the development of normative legal acts. (In the wording of the federal laws of 10 January 2003, N 15-FZ; of 22.08.2004 N 122-F) 3. Local governments may, in accordance with the procedure established by the legislation in force, be vested with the authority to regulate the architectural activities established by this Federal Law. Control over the implementation of these powers is exercised by the Government Plenipotentiary of the Federal Executive for the Coordination of Architecture and Urban Development Activities . OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 122-F) 4. Architects responsible for architecture and town planning are headed by the chief architects. The Chief Architect is selected on a competitive basis and approved by the appropriate executive authority. (In the wording of Federal Law of 10.01.2003) N 15-F) 5. In towns and other settlements with a population of less than fifty thousand inhabitants (with the exception of urban centres and historical towns) and in other municipalities, the post of chief architect may be occupied by a person having higher or secondary education architectural education. (In the wording of Federal Law of 10.01.2003) N 15-FZ) Article 23. Professional-creative organizations (unions) architects 1. The Russian Academy of Architecture and Construction Sciences is the scientific centre for architecture, town planning and building science. 2. Public professional organizations (associations) of architects (urban planners, designers), in accordance with their statutes, perform the functions of protecting the professional interests of architects (city planners, designers and representatives) Other professions in the field of architecture and urban development). (Paragraph 2 is excluded-Federal Law of 10 January 2003. N 15-FZ) Chapter VII. RESPONSIBILITY FOR THE VIOLATION OF THIS FEDERAL LAW Article 24. Administrative liability 1. A citizen or legal entity carrying out the construction of an architectural object without permission to build (unauthorized construction) or in violation of approved town planning documents is liable under the Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N196-FZ) 2. A citizen or a legal person who has allowed the architectural project to derogate from the architectural project and the authority that issued the building permit is obliged to eliminate the approved project, without agreement with the author of the project violations. The perpetrators of these violations shall be liable to a fine of between 10 and 20 times the minimum wage established by the federal law. 3. Persons who perform an unlicensed architectural activity shall be subject to a fine of between 20 and 30 times the minimum wage established by the federal law. 4. The official in the architecture and town planning authority of the constituent entity of the Russian Federation or the official of the local self-government body for violation of the procedure for the issuance of architectural and planning orders and construction permits is subject to A warning or a fine of ten to twenty times the minimum wage established by the federal law. 5. The offences referred to in paragraphs 2, 3 and 4 of this article are dealt with by the State Architecting and Construction Supervision authorities in accordance with the procedure established by Chapter 21 RSFSR Code of Administrative Offences and the Russian Federation Law " About the administrative responsibility of enterprises, institutions, organizations and associations for the offence of construction " Article 25. Property Liability 1. A person whose right is violated in the conduct of the architectural activity may claim full compensation for the damages caused to him in accordance with the civil law of the Russian Federation. 2. The losses caused to the author of the architectural project as a result of a violation of his copyrights are reimbursed in accordance with the procedure established by the legislation in force. 3. The person responsible for the construction or alteration of the architectural object without the appropriate building permit is required to carry out the demolition (full disassembly) of the unauthorized construction or to bring the architectural object and plot of land to Initial state. 4. A person guilty of acts causing harm to the person or difficult to harm the environment, a historical or cultural monument, a valuable urban or natural landscape, is liable under the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 309 F) 5. A citizen or legal entity carrying out an architectural activity shall be liable under the civil law of the Russian Federation for failure to perform or for the improper performance of contractual obligations. Chapter VIII. FINAL PROVISIONS Article 26. The entry into force of this Federal Law is effective from the date of its official publication. Article 27. The regulation of legal acts in conformity with this Federal Law to instruct the Government of the Russian Federation to bring its normative legal acts into conformity with this Federal Law. President of the Russian Federation Yeltsin Moscow, Kremlin 17 November 1995 N 169-FZ