GPRS - what is it? List of documents for obtaining GPRS. Procedure for issuing and issuing

At present, for the construction of the planned site, it is necessary to compile a document such as GPRS. "What is it?" You ask. A detailed answer to this question will be set out in this text.

GPRS - what is it?

This term is deciphered as a town planning plan for a land plot. It is one of the most important documents necessary for the construction of an object. Its role is important. GPRS in construction belongs to the initial permissive materials. It prescribes the purpose of the structure, the number of floors and other necessary parameters. Registration of the GPRS takes place as a separate document, and as an integral part of the territorial survey project.

What is the purpose of this plan?

The form of the GPRS was established by the government of the Russian Federation. It defines the requirements necessary for the construction and operation of land. This is important. In fact, in GPRS, the developer explains how it is allowed to use the land plot, what are the maximum parameters for its development. The latter concerns the height of the structure and the percentage of the use of the territory.

Investors-developers will need this document in the following cases:

1. For delivery of project documentation for examination.

2. For permission to build and commission the facility.

Obtaining GPRS requires the collection of the necessary package of documents. Their list can be found on the website of Moscomarchitecture, as well as in this article.

Legal framework

It is based on the following documents:

1. 5 Chapter on the planning of the territory of the Town Planning Code of the Russian Federation.
2. Articles 14, 15, 16 of the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation".
3. Decree of the Government of the Russian Federation No. 840 of December 29, 2005 "On the Form of GPRS".
4. Instruction No. 93 of 11.08.2006 (approved by the Order of the Ministry of Regional Development of the Russian Federation) on the procedure for completing the form of this document.

Assigning an EPROM

This can be found in articles 41 and 44 of the RF GRC. Having studied them, you can understand that this document is needed for a clear definition of the site where construction will take place. This is important. GPRS is applied both to already built-up areas, and to those areas where construction of facilities is only planned. This fully corresponds to the information rendered in the 10th part of Article 38 of the Law "On the State Real Estate Cadastre".

Contents of the GPRS

The Russian legislation clearly defines what information is specified in this document. These are 8 main points:

• Borders of the land.
• Zones of actions of public easements.
• Determination of indentations from the boundaries of the land area, within which construction is still permitted.
• Information about the urban planning regulations. If the used territory falls under its effect. At the same time, the types of permitted applications of this section are indicated in the GPRS. With the exception of municipal or state use.
• If the town planning regulations are not applied to the site or not installed, then it is necessary to provide information on the permission for the operation of the site, its purpose and the parameters of the object that is planned to be erected.
• Information on the availability of objects of cultural heritage or capital construction on the territory used.
• Borders, within which will be located facilities designed for municipal or state needs.
• Technical conditions for connecting construction sites to engineering networks.

Also in this material can be information about whether it is possible to divide the indicated land area into several plots.

Importance of the document

Getting the GPROM is necessary for the following actions:

• Determining the feasibility of implementing a planned project in this area.
• Obtaining a building permit.
• Harmonization and preparation of project documentation.
• Obtain permission to enter the constructed facility into operation.

The above highlights the importance of this document. GPRS is issued only after coordination and obtaining a town-planning conclusion from the city government bodies. This is a very significant condition. All this is necessary for registration of the GPRS. Moscow is no exception. In this case, you will need the same materials from the government of the capital.

GPRS as a separate document

This has already been said above. GPRS can be issued separately from the land surveying project. For this it is necessary to file a statement with the local government . GPRS must be issued within 30 days. It is this line that is given to the body to prepare and approve the town planning plan. Then this document is provided to the applicant. No fee is charged for this.

Important Criteria

Having considered the RF CC, namely those parts of it that relate to this document, one can come to the following conclusions:

• Any natural or legal person may be asked to compile a GPRS. What does it mean? It points out that there does not necessarily have to be a developer who has the right to build something on the land. Any interested person with active legal capacity can apply for such a request. The difference lies in the fact that getting a GPRS for a person who has nothing to do with the land area is solely the satisfaction of his own curiosity. It will be a waste of time. After all, only the lawful owner of the site can get permission for building or introducing a constructed object into operation.
• For the implementation of the issuance of the GPRS, the relevant body should not perform a number of actions necessary for the design of the territory. Because in those cases you need to ensure the decision on the preparation of materials, publish and post on the site (if any), submit an order for development, hold hearings on this fact. And after that, the already approved materials should be made public.
• The local government body can not require any other documents from the person for the GPRS, except for the passport for an individual and a certificate of tax registration and state registration for a legal entity. This is important to know. You do not need a sample of it for GPRS. In general, the actions of municipal authorities in all this are very limited. After all, they can only establish the procedure for preparing documents for the planning of the territory, which was developed in accordance with the decisions of local government. This implies the existence of an exclusively organizational regulation of the actions of municipal bodies, which can be specified depending on the specific appropriate training procedure set out in the RF GRK.
• The GPRS must be ready within thirty days from the date of submission of the application. This is the deadline. At the same time, there is no established form of application, which must be submitted if you wish to receive this document.
• It's nice that the issuance of GPRS is absolutely free.
• The last conclusion is not entirely obvious, but when analyzing the relevant data from the GRK of Russia it becomes clear that in a simplified procedure it is possible to prepare a GPGU only for a site that is on the state cadastral register. Hence, this territory, most likely, has its rightholder, which can act both as an owner and as a tenant. But this does not mean that this document can not be given to a person who is not a legal owner of a particular land area.

List of documents required to obtain an EPROM

The application for the issue of this material shall be accompanied by the following documents:

1. Passport (copy). For individuals.
2. If necessary, a copy of the power of attorney.
3. Cadastral plan of a certain territory.
4. Copy of the title deed to the plot of land and the object of capital construction (if any).
5. Topographical survey of the territory with existing communications (M 1: 1000, M 1: 500). The term of execution is not more than one year.
6. Technical passports of capital construction projects on the land plot (if any).
7. Materials indicating the technical conditions of the possibility of connection to the networks of engineering and technical support of capital construction facilities.
8. Extract from the state register of cultural heritage sites, as well as the conclusion of a relevant body that is authorized to protect them (if necessary).

On the basis of what the term of validity of the EAP shall expire?

This happens in the following cases:

• Waiver of ownership of land.
• Termination of permission to use subsoil.
• Implementation of the compulsory cessation of the right to property and other powers to a certain territory. Including seizure of land for municipal or state needs.
• Termination of leases and other agreements on the basis of which legal and physical persons have rights to certain plots of land.

Difficulties with GPROM

As required by the relevant legislation, the information that is necessary to complete the sections of this document should be established by the rules of construction and land use, land survey design or land use planning materials. If they are all absent, these criteria are approved by temporary regulations. So, for Moscow there are still no special rules for development and land use. Concerning the planning documents of the territory and land survey projects, only 30% of the urban territory is provided by them. However, there are no temporary regulations. And this means that the preparation and filling of the GPRS takes place in accordance with the draft rules of construction and land use alone. Thus, the parameters for using a particular section, which are related to height and density, are very easy to change by reducing them. This is based on the decision of the working groups of the City Planning Land Commission of Moscow. Thus, changing the GPRS is quite a simple process.

On the example of Moscow, let us consider one difficulty. It consists in the fact that in 2010 the Master Plan of the city entered into force. In accordance with it, 70% of the metropolitan area falls into the development zone - reorganization. This leads to the fact that the preparation of GPGU on these sites should be preceded by the development of documents for their necessary planning. Almost the entire remaining territory of the city fell into the stabilization zone, and this is mostly preserved residential buildings. In accordance with the RF CC, land use rules are developed in order to observe and ensure the rights and interests of the owners of land plots and facilities for capital construction. This should be provided by giving them a choice on the use of a certain territory in the most effective way. But, as practice shows, when the GPRS is considered at the meetings of the working groups of the town planning land commission, few people can fully realize their intentions and legal rights regarding the construction of real estate.

Tip

But from what it can be judged that the necessary territory is fully formed and all rights to it are registered? In accordance with the RF CC, specific land surveying and planning projects are being developed to establish the boundaries of the site. This is a necessary action. But if the boundaries are already there, which can be during the formation and cadastral registration, then documents for planning the territory should not be prepared. After all, a very important rule in surveying is its inviolability. Therefore, for such land areas, the site planning project is rather a formality. After all, these borders will not change anyway. The downside is that most of these sites have been formed using the procedure for coordinating their location, the flaws of which are all well known. This means that at the same time, the prospects for the development and use of the territory, as well as its limitations, were not taken into account. In general, after reading specialized literature, one can come to the conclusion that the GPRS was mistakenly attributed to the materials necessary for the planning of the territory. This is an objective fact. After all, the preparation of GPRS and the development of planning documents have nothing in common.

The result

Now it is difficult to find people who thoroughly understand all the subtleties of town-planning legislation. However, in order to ensure quality support for the coordination of the required GPROM at the meetings of the working groups of the appropriate land commission, in order to obtain the most convenient document, it is necessary to turn to professionals in this field for help. This will be the best option. As a result, the question will easily be resolved: "GPRS - what is it and how to arrange it?"