Evaluation of the effectiveness of the reconstruction project of the hospital building in the city of Mariinsk, Kemerovo region

5. Legal status of real estate

The object of legal examination is the reconstruction of a two-story public building at the address: Kemerovo region, Mariinsky district, st. Sovetskaya, house 2.

The legal status of a real estate object means the existence of special rules for the exercise of powers to own, use and dispose of real estate.

The Civil Code of the Russian Federation establishes the following features of the legal status of a real estate object as an object of rights and legal relations:

1) rights to real estate objects (property rights, other property rights, including their restrictions);

2) the peculiarities of the emergence, transition and termination of these rights (all these rights are subject to state registration. State registration is the only evidence of the existence of a registered right);

3) the obligation, the subject of which is real estate, is generally fulfilled at its location;

4) established a special procedure for acquiring ownership of mismanaged real estate (Article 225 of the Civil Code of the Russian Federation), and longer periods of acquisition limitation on real estate (Article 234 of the Civil Code of the Russian Federation); foreclosure of immovable property (Article 349 of the Civil Code of the Russian Federation); disposal of state and municipal enterprises owned by them real estate (Article 295 of the Civil Code of the Russian Federation);

5) contain special rules to the form (including the form of the contract) and the content of real estate transactions.

5.1 Legal status of the land plot

According to the Civil Code of the Russian Federation, a land plot is an object of ownership, the territorial boundaries of which are determined in the manner established by land legislation, on the basis of documents issued to the owner by state bodies for land resources and land management.

Land can be divisible and indivisible.

Divided is a plot that can be divided into parts, while each part after division forms an independent land plot, the permitted use of which can be carried out without transferring it to the land of another category (with the exception of cases established by federal laws).

An indivisible land plot is recognized, which, in its intended and economic purpose and permitted use, cannot be divided into independent plots. In accordance with the legislation, it is not allowed to divide urban land, farm land, etc.

The description of the land plot reflects:

1) The name of the subject of land law - a legal entity or an individual, indicating the exact address, documents certifying the person, and financial details.

Object:

- Mariinsk, Mariinsky district, Sovetskaya street, house number 2 in .

- LLC health clinic "Veramed," head of Tykvina Natalya Alexandrovna

- LLC medical and health clinic "Veramed" was developed in accordance with the Federal Law of the Russian Federation dated 27.07.2006 No. 152FZ "On Personal Data"

- The company is included in the Unified State Register of Legal Entities with the main state registration number 1027739820921.

2) Documents establishing and certifying the right to land use (resolution, decision, order, state act, certificate, lease agreement).

Object:

Type of Document Basis of Zone Creation - Decision of the Mariinsk City Duma

4) Land category, purpose and actual use.

Object:

The area of ​ ​ medium-rise multi-storey sectional residential buildings (Zh-2) is allocated to provide legal conditions for the formation of blocks where medium-rise and low-rise multi-storey sectional and blocked residential buildings with sub-apartment plots and individual residential buildings of the manor type are located.

5) Cadastral number

Object:

42:27:0104003:1124

6) Area under documents establishing the right to the site; actual area, including external use (depth, width, shape).

Object:

Area - 894 m2

7) Type of land.

Object:

Ownership of public entities

9) Surface and subsoil layer, landscape, contours and topography.

10) Improvements and engineering (supply of electricity, water).

5.1.2 A passport is drawn up for the land plot, which contains:

1) land exploration - built-up territory, areas under engineering communications, roads, dams, quarries, dumps, forest plantations, orchards, arable land, hayfields, pastures and other agricultural land, marshes, sands, peat mining and water surfaces;

2) the amount of land tax (if the land plot is owned) or rent from a unit of area;

3) estimated and market value of the land plot;

4) book value of structures, structures and plantings;

5) total cost of land and buildings;

6) amount of property value tax;

7) engineering and technical characteristics;

8) environmental indicators;

9) urban planning characteristics - functional zone, planning zone, etc.;

10) mineral deposits.

5.2 Reconstruction Permit

This section considers the issue of the procedure for obtaining permits for the reconstruction of the facility.

In accordance with Part 14 of Article 1 of the Urban Planning Code of the Russian Federation, the reconstruction of capital construction facilities is understood to be a change in the parameters of the capital construction facility, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of the capital construction facility, as well as replacement and (or) restoration of structural structures of the capital construction facility, except for replacement of certain elements of such structures with similar or other improving parameters of such structures elements and (or) restoration of said elements. According to the reconstruction project, the hospital building is built on one floor. From the above definition, it follows that the add-on is included in the concept of reconstruction, therefore, it is necessary to obtain permission for the reconstruction of this object .

Obtaining permission for reconstruction is preceded by engineering surveys and architectural and construction design, the procedure for which is established in Articles 47, 48 of the Urban Planning Code of the Russian Federation,

Engineering surveys are carried out for preparation of design documentation, reconstruction of capital construction facilities. Preparation of design documentation, as well as reconstruction of capital construction facilities in accordance with such design documentation is not allowed without performing the relevant engineering surveys.

Types of work on engineering surveys that affect the safety of capital construction facilities should be carried out only by individual entrepreneurs or legal entities that have self-regulatory organization issued, information about which is entered in the state register of self-regulatory organizations, certificates of admission (hereinafter also issued by a self-regulatory organization certificates of admission) to such types of work. Other types of engineering surveys may be performed by any natural or legal persons.

Persons performing engineering surveys are a developer, a person who has received permission in accordance with the Land Code of the Russian Federation to use land or land plot under state or municipal ownership for engineering surveys, or a natural or legal person who meets the requirements by them or the technical customer on the basis of the contract.

Engineering surveys for preparation of design documentation for reconstruction of capital construction facilities are performed in order to obtain:

1) materials on the natural conditions of the territory on which the reconstruction of capital construction facilities will be carried out, and factors of technological impact on the environment, on the forecast of their change, necessary for the development of decisions regarding such territory;

2) materials necessary for justification of configuration of buildings, buildings, constructions, adoption of constructive and space-planning decisions concerning these buildings, structures, constructions, design of engineering protection of such objects, development of actions for environmental protection, the project of the organization of construction, reconstruction of capital construction projects;

3) the materials necessary for carrying out calculations of the bases, the bases and structures of buildings, structures, constructions, their engineering protection, development of decisions on holding preventive and other necessary actions, performance of earthwork and also for preparation of decisions on the questions which arose by preparation of the project documentation, its coordination or a statement.

Engineering Survey Results are a document on completed engineering surveys containing materials in text form and in the form of maps (diagrams) and reflecting information about the tasks of engineering surveys, about the location of the territory, at which it is planned to carry out the reconstruction of the capital construction facility, on types, scope, methods and timing of engineering surveys in accordance with the program of engineering surveys, on the quality of engineering surveys performed, on the results of a comprehensive study of the natural and man-made conditions of the specified territory, including the results of the study, assessment and forecast of possible changes in the natural and man-made conditions of the specified territory in relation to the capital construction facility during construction, reconstruction of such a facility and after their completion and on the results of the assessment of the impact of reconstruction of such a facility on other capital construction facilities.

The next stage, after receiving the results of engineering surveys, is architectural and construction design, which is regulated by Article 48 of the Urban Planning Code of the Russian Federation.

Architectural and construction design is carried out by preparing design documentation for capital construction facilities and their parts, being built, reconstructed within the boundaries of the land plot owned by the developer, as well as in cases of overhaul of capital construction facilities, if its design and other characteristics of reliability and safety of such facilities are affected.

Design documentation is documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional-technological, structural and engineering-technical solutions to ensure reconstruction of capital construction facilities, their parts, major repairs.

The types of works on preparation of design documentation, which have an impact on the safety of capital construction facilities, should be carried out only by individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization.

The person preparing the design documentation may be a developer or a natural or legal person engaged by the developer or technical customer on the basis of the contract. The person preparing the design documentation organizes and coordinates the work on the preparation of the design documentation, is responsible for the quality of the design documentation and its compliance with the requirements of technical regulations. The person preparing the design documentation has the right to perform certain types of works on preparation of the design documentation independently.

The contract for the preparation of design documentation concluded by the developer or technical customer with a natural or legal person may provide for a task for engineering surveys. In this case, the specified natural or legal person also organizes and coordinates the works on engineering surveys and is responsible for the reliability, quality and completeness of the performed engineering surveys. This contract may also provide for the provision of technical conditions to the specified individual or legal entity.

If the preparation of the design documentation is carried out by a natural or legal person on the basis of an agreement with the developer or technical customer, the developer or technical customer is obliged to provide to such person:

1) urban planning plan of a land plot or in case of preparation of design documentation of a linear object, a planning project for the territory and a land survey project;

2) results of engineering surveys (if they are not available, the contract should provide for a task for engineering surveys);

3) technical specifications (if the functioning of the designed capital construction facility cannot be ensured without connection (technological connection) of such facility to engineering and technical support networks).

In accordance with Article 51 of the Urban Planning Code of the Russian Federation, a construction permit is a document that confirms the compliance of the design documentation with the requirements established by the urban planning regulations, the draft territory planning and the land surveying project. The construction permit gives the developer the right to carry out the reconstruction of the capital construction facility.

The building permit is issued by:

1) by the local self-government body at the location of the land plot;

2) in case of reconstruction:

a) an object of capital construction on a land plot provided to the user of subsoil and necessary for carrying out work related to the use of subsoil (with the exception of work related to the use of subsoil plots of local importance) - a federal management body of the state subsoil fund;

b) nuclear energy facility - an authorized organization that carries out state management of the use of nuclear energy and state management in carrying out activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes;

c) hydraulic structures of the first and second classes established in accordance with the legislation on the safety of hydraulic structures, airports or other objects of aviation infrastructure, objects of infrastructure of public railway transport, embassies, consulates and representative offices of the Russian Federation abroad, defense and security objects, objects ensuring the status and protection of the State border of the Russian Federation.

d) a capital construction facility, construction, reconstruction of which is planned to be carried out within the boundaries of a specially protected natural territory (with the exception of medical and recreational areas and resorts), - a federal executive body, a state authority of a subject of the Russian Federation or a local self-government body, which is responsible for the corresponding specially protected natural territory.

3) the following state bodies:

a) an authorized federal executive body in case the construction of a capital construction facility is planned to be carried out in the territories of two or more constituent entities of the Russian Federation;

2) by the executive authority of a subject of the Russian Federation, if the reconstruction of a capital construction facility located in the territories of two or more municipalities is carried out;

3) by the local self-government body of the municipal district, if the reconstruction of the capital construction facility located in the territories of two or more settlements or in the inter-settlement territory within the boundaries of the municipal district is carried out.

The reconstruction of this facility is carried out on the basis of a construction permit. The following documents are required to decide on a building permit:

application for a building permit;

2) a certificate of ownership or a lease agreement for a land plot, and during the reconstruction of the building, title documents for this real estate object;

3) the urban planning plan of the land plot, which determines its permitted use;

4) materials from the design documentation that make it possible to determine the compliance of the future construction with a specific urban planning situation;

5) positive conclusion of state or non-state expertise confirming compliance of developed design documentation with norms, rules and permitting documents;

6) consent to the reconstruction of the facility of all owners of this building or structure.