Capital construction object non-residential premises. Capital construction objects: problems of legislative regulation. State financing of construction

Capital structure (CS)- these are buildings (buildings, structures), other construction objects that have a number of essential features, namely:

• construction objects are not temporary;
• buildings are tied to the capital foundation;
• documentation is issued for the finished object, certifying the ownership of the owner.

The term implies the construction of just such buildings with the phased implementation of the following works:

1. Design;
2. Prospecting;
3. Assembly workers;
4. Commissioning.

For a number of reasons, various kiosks and sheds cannot be classified as capital construction objects. In accordance with the laws of the Russian Federation, the kiosk is a building with an area for one seller, in which there is no trading floor. A canopy is a semi-enclosed space, with no wall or walls.

What is the difference between a temporary structure and a capital one?

As already mentioned, a number of buildings do not belong to capital construction projects. It is customary to call such buildings temporary and it is possible to determine what type of structure the object belongs to by some signs.

To do this, it is necessary to assess not only the economic side of the issue, but also the legal one:

1. Temporary structure cannot have documentation for the property and the period of use of the object is short, at the end of which, the building is subject to dismantling.
2. Capital construction closely tied to the land area and located on a foundation. This means that the structure is not subject to subsequent disassembly and transfer. Also, the owner can receive documents for the building confirming ownership by title.

In addition, it should be noted that design and estimate documentation is necessarily developed for a capital object.

What are temporary structures and permanent structures?

In the State Standards of the Russian Federation there is no specific interpretation of the term "capital structure", however, there are the following indicators indicating to which type a particular building or structure can be attributed.

Buildings are divided into the following groups depending on the service life:

• I- buildings that will last more 100 years;
• II- buildings whose service is limited 50-100 years;
• III- buildings whose service life 25-50 years old;
• IV- buildings with a service life that does not exceed 5-20 years;

The last group includes objects of temporary construction. A distinctive feature of such buildings can be considered that when building premises, wooden frame structures and other structures made of lightweight materials are used.

Comparison of temporary and permanent structures

If we compare the capital structure and the structure of a temporary building, the following differences can be identified:

1. Capital construction is located on the foundation and is firmly tied to the ground, while the temporary one may not have a foundation.
2. For the construction of a capital construction facility it is necessary to collect an extensive list of required documents, while no documentation is required for the construction of a temporary facility.
3. Capital construction can be in operation from 25 to 100 years old and the temporary structure cannot be used for more 5 years.
4. Capital object cannot be dismantled and transported to another place, and the temporary construction presupposes just disassembly and relocation.
5. For a capital structure, you can get the relevant documents property, while for a temporary structure, such documentation cannot be obtained.

Capital construction types

The types of capital construction include the following:

1. New building- construction of a building or a complex of objects, on a land plot of primary use, which, upon completion of work, will become an independent structure with a separate book value.
2. Restoration of ready-made building structures - renovation, reconstruction of internal premises, expansion.
3. Reconstruction existing premises for the purpose of modernization - the expansion of the area in this case is not performed.
4. Expansion of a capital type object- an increase in working areas and bringing the facility to a separate balance.

Capital construction objects: definition

Capital construction objects include both residential buildings and structures, and non-residential premises.

In addition, the premises of unfinished construction also belong to such objects. A similar wording is recorded in the Urban Planning Code of the Russian Federation.

KS objects types

The definition of a capital construction object sounds like a free-standing structure equipped with all communications and auxiliary structures (ramps, overpasses).

There are several types of CS objects:

1. Residential building, equipped with all the necessary communication systems, and consisting of both aboveground and underground parts. The purpose of the construction of such a facility is the accommodation of people, the placement of production, the keeping of animals.
2. Non-residential premises- intended for temporary stay of people at the facility. Such objects include bridges, power transmission lines, stadiums.
3. Construction in progress- structures, the construction of which has begun, but not yet completed and suspended for a fixed period.

Classification of capital construction objects

The Cadastral Code defines the types of CC objects.

Buildings are classified as follows:

1. Buildings and structures that are objects of communications - power lines, pipelines, wells.
2. Unfinished objects.

According to the Decree of the Government of the Russian Federation No. 87, depending on the functionality, the following objects of the compressor station are distinguished:

• linear;
• objects of production and industrial nature;
• defensive facilities and structures that ensure security.
• non-production facilities (living space, premises for household, social, cultural purposes)

Linear objects

Linear objects of COP communication engineering networks such as power lines, pipelines, bridges, tunnels, highways are recognized. The construction of such objects is associated with the implementation of special design of the structure on site using equipment for land surveying.

Only after completing the documentation allowing the construction of such an object, you can start work.

Construction objects that do not require permits

Permitting documentation must be understood as a package of documents that meets the requirements of the City Planning Code. These are, first of all, documents that give a clear idea of ​​the land plot on which the object will be erected, as well as what kind of structure will be erected - how many floors, the plan of the interior, the location of communications.

Without a town planning plan, the design organization may refuse to build or reconstruct a capital construction facility. Such a document is issued only after a written application from the developer in the architectural department of the administration.

It is allowed to start construction of an object without such paper, according to Article 51 of the Civil Code of the Russian Federation, only in a few cases:

1. If the object will be built on a land plot owned by the developer by right of ownership.
2. If the object under construction is temporary.
3. If structures of an auxiliary nature are to be built on the territory that will not require changes in capital structures, and will not affect important communication nodes.

If the construction object was erected without permission, this means that the work was carried out without any documentation and on territories that could not be used for these purposes. Also, during the construction of the structure, a violation of all sanitary and urban planning indicators occurs without permission.

The way out of this situation can be of two types:

1. The building is demolished and all costs are paid by the developer.
2. The property is officially recognized by the authorities and the developer receives a title deed for the building.

Distinctive features of a capital object

In order to understand what type of building the object belongs to and what rights arise for its owner, it is necessary to pay attention to a number of signs that determine the belonging of a building to permanent or temporary structures.

It is important to remember that temporary construction- This is, first of all, an auxiliary object, being built in order to be used during the construction of the main object and subject to further dismantling.

Also, such a room can be seasonal in nature, for example, a kiosk designed for selling fruit in the summer. No title documents are issued for such an object.

It is worth noting that from the technical point of view, a temporary construction object may have all the same signs as a capital one, namely, a temporary construction may also have a foundation, walls, floors.

It is also worth remembering that temporary buildings cannot be used for more than the permitted period - 5 years. The most basic feature of a capital object is its close connection with the land plot, namely, the presence of a foundation and, of course, a package of documentation that permits such constructions.

Capital construction objects: problems of their attribution to real estate

The Urban Planning Code of the Russian Federation used terms such as "real estate in urban planning" and "object of urban planning". V 2005 year significant changes were made to the code, and such a combination as "capital construction object" appeared.

Subsequently, a definition of a new term was formulated and, on the basis of this, amendments were made to the code itself. Gradually, the term was introduced into land and forestry law, and also began to be used in the civil law sphere.

The definition of the object of the COP was reduced to the fact that a number of signs were determined, by which it was determined whether a particular building should be classified as capital or not. The main difference between the capital structure, as we have already noted, is that the object has a close connection with the surface of the site in the form of a foundation.

In accordance with Article 130 of the Civil Code of the Russian Federation, real estate includes premises that have a strong connection with the land, are officially registered and cannot be disassembled and moved without causing damage to the structure. All these features are also applicable to capital construction objects. These norms are defined in GrK RF

During the construction of a building or structure, there are many problems associated with its legalization, for example, with the state examination of project documentation, obtaining a building permit, etc. But if you build a non-capital construction object, then neither a permit nor an examination of the design documentation is required (subparagraph 2 of paragraph 17 of article 51, paragraph 3 of article 49 of the City Planning Code).

In paragraph 10 of Art. 1 of the City Planning Code provides the concept of capital construction objects - these are buildings, structures, structures, objects of unfinished construction, with the exception of temporary buildings, kiosks, sheds and other similar structures.

From this norm, it can be concluded that the list of non-capital construction objects is open. At the same time, there is no clear definition of such objects in the current legislation.

After analyzing the judicial practice, we have identified a number of criteria, in the presence of which the judges recognize a building or structure as an object of non-capital construction. First of all, it should be noted that most courts identify the concepts of "capital construction object" and "real estate object". According to paragraph 1 of Art. 130 of the Civil Code, real estate includes land plots, subsoil plots and everything that is firmly connected with land. That is, objects, the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, objects of unfinished construction.

Accordingly, if the building, the structure does not fall under the signs established by paragraph 1 of Art. 130 of the Civil Code, then it is not recognized as an object of capital construction.

To qualify an object, judges, first of all, pay attention to the foundation on which it is located: how firmly the building, the structure is connected to the ground. Then the courts consider the structural characteristics of the object: what it consists of, is it possible to disassemble and move it without disproportionate damage. As a rule, non-capital construction objects are easily dismantled, moved and installed to another place, while maintaining their operational qualities. However, the judges note that within the meaning of paragraph 1 of Art. 130 of the Civil Code of the Russian Federation “a strong connection with the land is not the only sign by which an object can be classified as real estate. The question of whether a particular property is immovable should be resolved taking into account the purpose of this property and the circumstances associated with its creation. "

And, indeed, analyzing the judicial practice, we found that, in addition to the foundation and the structural characteristics of the object, the courts pay great attention to other nuances of the object, which are sometimes not so easy for a non-professional to understand. But, if a qualified lawyer gets down to business, then it is possible to prove the non-capital nature of the object in even very difficult cases.

So, for example, in one of the municipalities, the regional Department of State Construction Supervision established the fact of the construction of a three-story building measuring 30 m by 12 m, with a building area of ​​360 sq. m. without obtaining a building permit and a positive conclusion of the state examination. The city administration filed a claim with the owner of the building demanding to demolish the object. In support of the stated requirements, the administration referred to the fact that the owner of the building had violated Art. 51 of the Urban Planning Code, carrying out capital construction without obtaining an appropriate permit. According to the administration, this object was an unauthorized building and was subject to demolition at the expense of its owner.

But, thanks to the strong arguments of the defendant's defender, the courts of all instances, including the Supreme Arbitration Court of the Russian Federation, came to the conclusion that the erected building does not belong to capital construction projects.

From the above judicial practice it is clear what a significant role the qualifications of a lawyer play for the successful outcome of the case.

In another case, the Department of Property Relations of the City Administration applied to the court with a claim for recognition as unauthorized buildings and the demolition of several objects: a cold warehouse, 10 tanks of fuels and lubricants, a gas station with 3 dispensers. The claim was substantiated by the fact that the objects were erected without a building permit. At the same time, the plaintiff pointed out that the area of ​​the objects significantly exceeds 150 sq. m, the cold warehouse was erected on a foundation, equipped with swing gates, sheathed with hinged "sandwich panels", the roof was installed, concrete floors are poured, therefore, it is firmly connected to the ground and its movement without disproportionate damage to its purpose is impossible. In this regard, the administration considered the disputed objects to be real property.

As in the previous case, the professionalism of the defendant's defense counsel helped convince the judges that the disputed objects do not have the features of capital objects and, according to the rules of Art. 130 of the Civil Code of the Russian Federation are not real estate.

From the above judicial practice it is clear what a significant role the qualifications of a lawyer play for the successful outcome of the case. Accordingly, if you have similar problems related to construction projects, we recommend that you contact the professionals of the Legal Bureau "Prav!"

Capital is the construction of any objects that require the performance of not only construction, but also land work. During capital construction, new structures are created and existing facilities are reconstructed. The definition of capital construction objects is given in the Urban Planning Code of the Russian Federation, however, legislative regulation is carried out not only by this document, but also by normative acts of other branches of law: civil law, land, forestry.

As stated in paragraph 10 of Article 1 of the Urban Planning Code of the Russian Federation, buildings, structures and other objects, construction work on which has not been completed, can act as capital construction objects (OCS).

All these objects can be divided into the following types:

• residential buildings - buildings equipped with the necessary communication systems and consisting of two parts: ground and underground, intended for human habitation or production facilities;
• non-residential premises - premises for temporary stay of people: stadiums, bridges, power lines, etc .;
• construction in progress - buildings, the construction of which has been suspended for a certain period.

All these objects are divided into many subgroups and classified according to key features.

Classification of capital construction objects

KS facilities are divided into the following categories:

• buildings and structures that are communication objects - power lines, wells, pipelines, etc .;
• objects of an unfinished nature.

In addition, the objects of the COP differ depending on the functionality:

• linear - power lines, bridges, roads, railways, tunnels and other objects, the construction of which is associated with design and land surveying;
• production and industrial facilities;
• defensive structures and security facilities;
• non-production facilities for household, social and cultural purposes.

Also, in the Urban Planning Code of the Russian Federation, there is a division of the OKS into objects of local, regional and federal significance.

Objects that cannot be classified as capital construction

The ACS does not include objects, the construction of which does not require special permits - these are temporary structures and non-stationary structures. The first type includes objects, the placement of which is designed to provide the proper conditions for construction work. Such objects can be places for storing inventory or short-term residence of people. Such buildings are dismantled after the completion of the main work. The existence of temporary structures in most cases is not allowed for more than five years.

The second type includes mobile structures that are easily assembled and disassembled for transportation to another place. These can be pavilions, kiosks, boxes, sheds, points with consumer services. For the construction of such structures, lightweight materials and structures are used.

Thus, the key characteristics of non-capital objects are their temporality and the ability to move them without causing significant damage.

If these indicators are not obvious, the definition of the capital or non-capital of the object is carried out on the basis of an expert opinion.

Distinctive features of capital construction projects

All OCS have a number of characteristic features inherent in absolutely all capital structures.

These signs are:

• the presence of a large number of permits and design estimates;
• location on the foundation and firmly anchored to the ground;
• long service life, which can range from 5 to 100 years or more;
• impossibility of dismantling for transfer to another place;
• the possibility of registration of property rights to objects.

OKS involves the phased implementation of construction work: design, installation, commissioning. All this requires a significant investment. A capital structure must comply with the statutory and legal regulations, as well as building codes adopted in a particular city or area. Non-capital objects do not have the specified characteristics - they are often placed without permits, do not have a foundation and are easily transported. Such objects are used for a short time, after which they are subject to parsing.

Differences between capital projects and temporary structures

Polishchuk Vadim Igorevich

How the types of construction differ from each other and what disputes arise: I will talk about this in this article.

Demolition of trade pavilions in Moscow in 2016

At the beginning of 2016, the widespread demolition of shopping pavilions began in Moscow, and the authorities in this situation quite often mentioned the following keywords: "samostroy", "objects that do not have signs of temporary structures", "capital construction projects", "lack of permission" ...

What did the authorities mean by using such terms?

"Samostroy" is an object built without a building permit, not properly formalized.

In legal terms, such an object does not have registration of property rights. Do you think registration of ownership of a temporary building is required? If you think that registration is required, then you are mistaken; and if you think that it is not necessary, then you are only half right.

Registration of property rights cannot be carried out on a temporary building, and this is quite an important point.

In the future, we will see why the object of capital (unfinished) construction, according to the law, must be registered with the Federal Register, and the owner must have ownership documents in his hands.

Construction objects: classification, definition of concepts

Any building, structure and structure can be classified as an object of capital construction (including construction in progress) or an object of temporary (auxiliary) construction.

What is a capital construction object

A capital construction object (definition from the Urban Planning Code, article 1, clause 10) is a building, structure, structure, facilities, the construction of which has not been completed; the exception is non-capital buildings, temporary structures and inseparable land improvements (paving, covering, and others).

Our employees are often faced with questions about the interpretation of the concept of "capital structure", for example: "is the canopy a permanent structure." The answer to this question is precisely given by the Urban Planning Code, which defines that a capital construction object is any construction object, with the exception of temporary buildings, kiosks, sheds and other similar structures. Simply put, capital construction is any construction for which the erection of buried foundations is required, respectively, the dismantling of capital construction facilities is absolutely impossible without causing significant damage to the buildings or structures themselves and their purpose.

Construction in progress

An object of unfinished construction (the Urban Planning Code does not give an exact wording) is an immovable construction object, the construction of which is ongoing, suspended, mothballed or finally terminated (but not written off in accordance with the established procedure), for various reasons. Incomplete capital construction may be due to a lack of funds, building materials, changes in owners, etc.

Foundation as a sign of capital construction

We often get questions as to whether the foundation is an object of unfinished construction (hereinafter referred to as ONS). According to judicial practice, the foundation can be considered the ONS. In addition, it is the presence of a completed foundation that is an important sign that the ONS is an immovable object, otherwise it is just a set of building materials. Nevertheless, in order to finally figure out what kind of foundation is considered to be capital, it should be understood that the capital foundation is a structure that is located under the surface of the earth, made of materials and technology that can withstand buildings, structures and structures made of brick, aerated concrete, etc. .d. and at the same time, such a foundation cannot be quickly dismantled.

Why do you need to divide construction projects into capital and temporary

For example, you have a land plot for rent. A temporary structure was built on it, say, a trade pavilion. After a while, you needed to register a non-capital structure and register this pavilion in ownership, which in the future will allow you to obtain ownership of the land plot. And here you fall into a trap: registration of temporary structures in the Federal Register is not provided. Accordingly, it will not be possible to register the ownership of the land plot.

However, provided that the land plot belongs to you, you can build temporary (auxiliary) structures freely, a permit for non-capital construction is not required by law. The same cannot be said about the permission for the foundation for capital objects. Even the owner of a land plot will find it difficult to obtain the entire package of documents and conclusions in order to proceed to the stage of construction of a capital facility.

What is a pavilion

The trade pavilion is a small detached building of lightweight construction, the premises of which are used for trade and other purposes. The construction of trade pavilions is usually carried out in a short time using wooden or metal frames, which are sewn up with sandwich panels.

One more example. You have been allocated a land plot for doing business. To make it convenient to organize trade, you decided to install a pavilion. After a while, a representative of the authorities comes and declares that the pavilion was built illegally: you did not have permission to build it.

The question arises: what do the owners of trade pavilions do in the first and second cases? They turn to in order to determine whether the building is a capital object or a non-capital structure, whether these pavilions have signs of capital construction. After that, they provide an opinion from the experts to the executive authorities. This conclusion can be accepted and either sent for revision, or, if in doubt, a re-examination can be carried out independently by contacting another expert organization.

The officials spoke about this regarding the situation of the demolition of shopping pavilions in Moscow, referring to the lack of permits for the construction of buildings and structures, which in fact were capital construction objects, and according to documents - temporary structures. Of course, there were also owners, whose objects were properly formalized: they had a building permit and registration of property rights, but they still fell under demolition. This, however, is already another question: about the legality of the actions of the Moscow Government. "Forewarned is forearmed".

Temporary buildings and structures in construction

There is no established normative definition of temporary (auxiliary) structures, buildings and structures, however, the concept of a temporary structure should be understood as a non-capital structure without a deep foundation inextricably linked to the ground, the design of which provides for the possibility of dismantling and moving this structure without disproportionate damage its purpose.

What is the difference between a capital structure and a non-capital structure? And what do you need to know when constructing a building?

By their function, temporary structures are intended for auxiliary use and cannot function separately without a capital construction facility. These are objects such as a vestibule, a canopy over the entrance.

Ancillary structures do not have to be part of the building. For example, modular buildings for shift camps, cabins for builders, which, at first glance, seem to be independent structures (they have bathrooms, corridors, kitchens, living rooms, meeting rooms). These structures are provided with utilities, electricity, water supply. At the same time, they still perform only an auxiliary function, since builders live and work in such buildings, and such buildings only help them to erect a nearby capital construction object. But there are objects that are difficult to classify as auxiliary. These are trade pavilions, booths, stalls, tents and other similar structures.

It is possible to determine whether a structure is temporary only after studying the design solutions.

One of these design criteria is the following: the temporary structure should be easy to erect and easy to dismantle. Also, temporary structures do not have an inextricable adhesion to the ground. It is worth noting that the device of the foundation is allowed, since in certain buildings, for example, modular, one cannot do without a foundation.

The service life of temporary buildings, according to regulatory documents, is no more than 10 years, while a capital construction facility has a service life of 15 to 175 years.

To avoid possible disputes on this issue, we recommend that the foundation be made of prefabricated elements, so a permit for the construction of the foundation is not required. Ideally, for a temporary structure, the foundation is a slab. But the piles will definitely not work, since you cannot extract them back from the soil after driving. If it is not possible to install a prefabricated slab, you can pour it on the site, that is, make a monolithic slab. But then it is necessary to provide mounting loops in it, in order to be able to dismantle the plate without destroying it.

Summarizing the above, we can conclude: it is necessary to engage in the construction of buildings and structures only with a clear plan for the construction and purpose of the objects under construction, incl. materials and structures to be used in construction. This is the only way to protect yourself from litigation with authorities regarding the classification of the building and the legality of the grounds for its construction and use.

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In the urban planning sphere, such a term as a capital construction object (OCC) is widely used. What is meant by this wording? How is the process of creating such a project proceeding and how is its further acceptance carried out? What are the difficulties when registering and creating a technical plan? What are the features of financing from the federal / municipal budget?

Terms and legal basis

In the construction industry, different definitions are used in relation to structures and structures. You can hear how some buildings are called temporary. Based on this name, it is easy to conclude about their features and nature: such structures are erected for a limited time, and they are usually non-stationary - they can be disassembled and transported for installation to another place.

However, the term "capital construction object" is most often used. The Urban Development Code does not give a specific interpretation of what is meant by such a definition. Instead, it contains a description of what capital construction is. There are signs that characterize such structures:

• they were not built for a short time;
• there is a link to the foundation;
• based on the results of construction, documentation is issued for the facility in order to establish ownership.

However, there are certain difficulties in the interpretation of this concept. And they are explained primarily by the fact that such a category is used in different branches of law. It is used not only in urban planning, but also in land, forestry, water, civil law. Moreover, some provisions related to the ACS can be found both in the Tax and Budget codes of the Russian Federation.

Studying various branches of law, we can conclude that OKS, by definition, belongs to the category of real estate. Since it is impossible to transfer it from one place to another without damage. However, the approach to regulating this area should be comprehensive. Since the concept of "capital construction object" includes various types of structures, it is not always possible to rely only on legislative acts that directly relate to real estate.

How does the OKS specifically differ from any non-capital buildings? First of all, the service life. In addition, other construction technologies are used for them, because by definition they are stationary, not intended for transfer. You can also compare the two categories in terms of cost. ACS, both in monetary terms and in terms of the degree of social (economic) significance, is usually estimated more expensive. However, this feature can be considered indirect.

Classification and distinctive features

In simple terms, OKS, unlike temporary structures, are accompanied by a wider range of works during the construction process. To do this, it is necessary to competently approach the project of organizing the construction of the ACS. Here you can not do without earthwork measures for the arrangement of the foundation. You will need to equip the building with engineering communications.

The classification of such structures is broad and ramified. They are usually divided into two significant groups: buildings and structures. The capital construction objects of the first group include buildings that have the following purpose:

• temporary or permanent residence of people;
• keeping pets;
• storage of industrial and other goods;
• location of production.

These types of capital construction objects are residential and non-residential. But in any case, they are distinguished by an extensive system of engineering and technical support. People live in residential premises, as the name implies. Non-residential buildings are used as storage places for valuables. They are also occupied by institutions that provide services to the population, provide medical care or contribute to cultural, social development.

With structures and their classification, everything is much more complicated. This concept includes a variety of designs. Among them are linear capital construction objects - roads, pipelines and others. The stadiums and dams, which cannot be considered linear, are highlighted separately.

There is also such a concept as unique objects that are under special protection. A striking example is a nuclear power plant. This category also includes structures for special purposes: defense, security.

The complexity of the interpretation of the ACS lies in the fact that the concept goes beyond the traditional definition of real estate. Capital construction objects are objects that can represent a very complex branched system located both on the ground and underground.

Additionally, it is customary to divide the OCS into several groups depending on the service life. The first group includes buildings that will stand for at least a hundred years. The second group includes buildings that can withstand 50–100 years of operation. The third include buildings that are designed for a service life of 25-50 years. And finally, the fourth group is the OKS, erected for a period of 5–20 years. If the operation lasts up to 5 years, then the structure is assigned to the temporary category.

ACS management and registration

Since this type of buildings is designed for long-term operation, it is quite logical that more stringent requirements are put forward for its construction and further management than for temporary structures. It must be listed in the state register, even if it is not completed to the end.

A fairly extensive package of documents is required to complete the registration procedure. It also includes the technical plan of the capital construction object. Such a document is the actual confirmation of the location of the structure in a specific area. Therefore, technical plans are also called plans of land plots. OKS may be unfinished, but it will still need to be registered to carry out any operations.

For the organization of construction work for the construction of the ACS, the entire package of documents is required, which is stated in the legislative framework. Traditionally, this would require obtaining permission from the competent authorities. If the structure is to be erected on a private territory, then the consent of the owner will be required. So that there are no problems with the registration and registration of rights to real estate, it is important that the finished structure clearly corresponds to the technical characteristics declared in the project. For the OKS, the presence of a foundation and engineering communications is required.

However, even with the technical plan, not everything is as simple as we would like it to be. On the one hand, the law on the state cadastre sets specific requirements for it. But experts make different types of plans. This is due to a wide range of structures, which are collectively referred to as OKS. For example, in relation to a residential building, the document includes information on the foundation and dimensions of the premises, parameters of windows and doors, data on engineering networks.

However, technical plans are also drawn up for roads, pipes, substations, bridges. In this case, they include information about the length and height, area and depth of the structure. There are also peculiarities of registration of technical plans for buildings that have not been erected to the end. Such documentation is prepared only by a certified cadastral engineer, who is ultimately responsible for the literacy and reliability of the information contained in it.

Technical plans are prepared based on the regulatory framework. But which laws will be taken into account depends on the type of ACS. There are corresponding provisions in the Constitution and in the Land Code. Technical plans are devoted to separate articles in the laws on the state cadastre, on the registration of rights to real estate.

Therefore, the list of documents required to complete the plan is different. Most often, you need to issue a permit for commissioning, and attach to it a technical re-equipment or redevelopment project, plans for each floor or technical passports (depending on the situation).

Delivery-acceptance procedure

The construction of the ACS ends with the delivery procedure to the customer. At this stage, the signing of the acceptance certificate of the capital construction object is mandatory. At present, its compilation and filling out is simplified, since the KS-11 form approved by the Federal State Statistics Service (Goskomstat) is used.

Why is an act of acceptance of a capital construction object necessary? First of all, it confirms the fact that the structure was officially transferred from the contractor to the customer. The signature on such a document is evidence that the customer has no claims against the builder. If the construction was carried out by order of the company, then the acceptance certificate allows the OKS to be registered.

Such documentation is required for both accounting and tax accounting. If there is no act, from a legal point of view, the construction is considered unacceptable and cannot be recognized as completed.

It should be added that there are two different forms that are used in the handover procedure. In addition to KS-11, there is also KS-14. But the second option differs in many essential points. It is customary to sign it when the host is a commission formed by the customer or investor. This form also indicates that the OKS was not just adopted, but also put into operation.


Certain requirements are put forward for the design of KS-11. During the acceptance process, the customer checks the quality of work and materials. He is authorized to take control measurements to make sure that the building meets the declared norms and standards. Such an act consists of several pages, therefore it contains a large amount of information. It indicates information about the location of the building (of a different design), information about the customer and contractors.

Separate columns are devoted to technical characteristics. And here, too, the filling is different and depends on whether it will be a residential building, a bridge or a substation. A mandatory element of the act is the cost of the work performed, materials, equipment and inventory. Plus, the document is accompanied by a whole list of annexes. They serve as an evidence base.

State financing of construction

Russian legislation allows for budget investments in capital construction projects. This is directly stated in the Budget Code of the Russian Federation. In this case, buildings should be officially assigned to state or municipal organizations (institutions, enterprises). Their use and regulation of activities will be carried out according to the principle of economic management or operational management.

Most often, budgetary investments are allocated on the basis of specific targeted programs. It is possible to make decisions at the level of executive authorities if they consider it necessary to spend budgetary funds on the construction of the ACS. If the estimated cost exceeds 600 million rubles, then the decision on the expediency of such spending is exclusively within the competence of the government. Also, it will be decided in a similar way whether it is necessary to make investments in the OKS, which is a state unitary enterprise.

The budget legislation states that the government cannot allocate money for the construction of capital construction projects, by definition, if they are not owned by the state or the municipality. As for the areas for which funds can be spent, there are a lot of them. For example, at government expense, they can initiate the construction of a new OKS, reconstruction or expansion of the existing one. From the budget, they finance technical re-equipment, the implementation of design and survey activities.

Budget investments are made for the implementation of socially important tasks. An excellent example is the construction of a bridge, road or power transmission line, which are necessary to improve the level of provision of the population in the infrastructure. Another option is investment in structures that are in disrepair. Investments in general should be aimed at improving the quality of life of the population.

The government and the competent local authorities determine which areas need financial incentives. And based on this analysis, a decision is made where to invest.

Domestic practice demonstrates that most often money is spent on repairing and equipping new roads. The healthcare sector needs funding. According to the concept of long-term socio-economic development up to 2020, priority areas remain such as transport and energy infrastructure.

Investments from the state are carried out according to a certain mechanism: the state order scheme is traditionally used. This means that the role of the investor is the state customer, and the second party is the contractor. The relationship between them is based on the provisions of the Civil Code of the Russian Federation.

However, such a mechanism as public-private partnership remains popular. This means that a certain amount of funds is taken from the budget, and the shortage is filled at the expense of a private investor who has his own interest in such cooperation.