Auction for comprehensive development for the purpose of housing construction. Integrated development of the territory. Land plots for complex development: some features

Recently, the organization of construction of so-called “cottage villages” has become widespread in our region.

Analysis and assessment of the attractiveness of such projects is the path of real estate market professionals, so we will dwell in more detail on what citizens should know if they are considering such investment options or improving their living conditions. One of the mechanisms for the construction of cottage settlements is the integrated development of land plots for the purpose of housing construction.

What is integrated land development and how does it differ from conventional construction? To begin with, it should be noted that integrated development imposes much more serious obligations on the right holder-developer of the land plot.

Thus, comprehensive development includes:
preparation of documentation for territory planning,
performing work on the development of the territory through the construction of engineering infrastructure facilities,
carrying out housing and other construction in accordance with the type of permitted use of the land plot.

The law stipulates that all these stages must be carried out by the right holder-developer of the land plot. At the same time, when transferring rights to a site provided for complex development, all the above-mentioned responsibilities are transferred to the new rights holder.

Naturally, the main goal of the developer is to attract funds. However, there are differences in when and in what order it begins to attract financial resources, and what the citizen receives in return.

The ideal option by law is to formalize a contractual relationship between the developer and the citizen, according to which the citizen participates with his own money in the construction and, upon completion of construction, receives ownership of a commissioned house with a plot of land necessary for the placement and further operation of the house.

However, in practice, there are other cases when a land plot (land massif) provided for complex development is not actually developed, but is divided into a large number of separate land plots, which are sold to citizens.

Thus, the developer relieves himself of the need to prepare documentation for the planning of the territory, perform work on the development of the territory through the construction of engineering infrastructure facilities, and carry out the construction itself.

At first glance, everyone gets what they want. Developer – quick profit. Citizens can own land plots for construction near the city at attractive prices. But not everything is so rosy.

All land plots formed as a result of the division of a land plot (mass) previously provided to the developer for integrated development have the same type of permitted use - integrated development for the purpose of housing construction. This means that individual housing development of such plots by citizens is unacceptable, although the citizens’ goal when purchasing plots was precisely independent construction.

Citizens who purchased land plots within the boundaries of a land mass intended for complex development and registered their rights to them in accordance with the Federal Law of July 21, 1997. No. 122-FZ “On state registration of rights to real estate and transactions with it”, have the right to carry out housing construction within the boundaries of land plots owned by them in compliance with the requirements of land and urban planning legislation. In fact, this is only possible in the form of comprehensive development, subject to the implementation of all obligations of the original developer, including the preparation of documentation for the planning of the territory and the implementation of work on the development of the territory through the construction of engineering infrastructure facilities.

In addition, in violation of land and town planning legislation, the lack of documentation on the planning of the territory of a cottage village entails virtually arbitrary formation of sites intended for the construction of houses and infrastructure (for example, roads), which leads to the impossibility of their further full and rational use.

As a result, conflict situations and legal disputes arise between the citizens who bought the plots and the developer. Citizens essentially cannot use the plots for their intended purposes.

At the same time, the very fact that the purchased land plots had such a type of permitted use as “comprehensive development for the purposes of housing construction” should, if not alert citizens-buyers, then certainly raise questions. Moreover, this information is open and publicly available.

The type of permitted use, along with the category of land, constitutes the legal regime of the land plot, i.e. the scope of its possible use by the copyright holder.

Information about the existing type of permitted use of a land plot is contained in the Unified State Register of Rights to Real Estate and Transactions with It and the State Real Estate Cadastre.

The type of permitted use of the land plot is necessarily indicated in the certificate of state registration of rights issued by the Rosreestr Office for the Ulyanovsk Region.

Consequently, information about the permitted use of a land plot can be obtained by the buyer either independently from publicly available information resources, or by reviewing the documents of the seller of the land plot at the stage of the transaction.

To summarize, I would like to appeal to citizens with parting words to be attentive and careful when making transactions for the purchase of land plots intended for comprehensive development for the purpose of housing construction.

Understanding the possible consequences of acquiring such plots will save you from unplanned additional costs for their development, as well as from the emergence of unforeseen conflict situations, the resolution of which is only possible in court.

Land plots for their comprehensive development for the purpose of housing construction, which includes the preparation of documentation for the planning of the territory, the implementation of work on the development of the territory through the construction of engineering infrastructure, the implementation of housing and other construction in accordance with the types of permitted use, from lands located in the state or municipal property are provided for rent without prior approval of the location of the facility.

To the documentation on territory planning Art. 41 of the Town Planning Code of the Russian Federation includes a territory planning project, a territory surveying project and a town planning plan. An urban planning plan can be considered as a type of documentation for territory planning only if it is prepared as part of territory surveying projects (Article 44 of the Civil Code of the Russian Federation).

The provision of a land plot for lease for its comprehensive development for the purposes of housing construction is carried out at an auction in the manner established by Art. 38.2 of the Land Code of the Russian Federation.

The tenant is obliged to fulfill the requirements that were put forward during the auction for the sale of the right to lease a land plot. These are requirements for the maximum time frame for preparing a territory planning project and land surveying project, performing work to create engineering infrastructure facilities, carrying out housing and other types of construction, as well as the conditions for transferring constructed engineering infrastructure facilities into state or municipal ownership.

The tenant of a land plot provided for its comprehensive development for the purposes of housing construction has the right, without the consent of the owner, regardless of the term of the land plot lease agreement, to transfer his rights and obligations under the lease agreement to a third party, who assumes the responsibilities of the original tenant for the comprehensive development of the plot. This provision cannot be changed by a land lease agreement.

The owner or tenant of land plots intended for housing and other construction is obliged to comply with the maximum deadlines for housing and other construction in accordance with the types of permitted use of land plots established in the agreement (clause 8, clause 3, article 38.2 of the Land Code of the Russian Federation).

When turning over land plots intended for housing and other construction, the new rights holders are transferred to the responsibilities for fulfilling the requirements provided for in paragraphs. 8 clause 3 art. 38.2 of the Land Code of the Russian Federation.

In case of failure to fulfill the obligations specified in clause 3, 4, 6 and 7 tbsp. 30.2 of the Land Code of the Russian Federation, as well as in case of improper execution, rights to land plots can be terminated in accordance with the Land Code of the Russian Federation and civil legislation.

In case of failure to fulfill the obligations specified in clause 3, 4, 6 and 7 tbsp. 30.2 of the Land Code of the Russian Federation, as well as in case of improper execution, a penalty is charged in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of fulfillment of such obligations, from the amount of rent or the amount of land tax for each day of delay, unless otherwise provided.

Procedure for providing land for construction: Video

GOVERNMENT OF ST. PETERSBURG

RESOLUTION

On the integrated development of territories for the purposes of housing construction

Document with changes made:
;
by Decree of the Government of St. Petersburg dated November 26, 2009 N 1379;
(Official website of the Administration of St. Petersburg www.gov.spb.ru/norm_baza/npa, 05/07/2014).
____________________________________________________________________

In order to implement the provisions of Articles 30.2 and 38.2 of the Land Code of the Russian Federation and in accordance with paragraph 10 of Article 3 of the Federal Law "On the entry into force of the Land Code of the Russian Federation" the Government of St. Petersburg

decides:

1. Approve the Regulations on the procedure for preparing documentation and making decisions on holding tenders for the right to conclude lease agreements for land plots for their comprehensive development for the purposes of housing construction (hereinafter referred to as the Regulations).

2. To the Construction Committee:

2.1. Together with the Committee on Urban Planning and Architecture and the Committee on Energy and Engineering Support, identify areas that need comprehensive development for the purpose of housing construction.

2.2. Ensure the preparation of documentation necessary for bidding for the sale of the right to conclude lease agreements for land plots formed in the prescribed manner, state-owned and located on the territory of St. Petersburg, intended for their comprehensive development for the purposes of housing construction (hereinafter referred to as land plots) , in composition and terms in accordance with the Regulations.

2.3. In accordance with the established procedure, make decisions on the preparation of territory planning documentation in relation to land plots leased in accordance with the resolution.

2.4. Ensure, in the prescribed manner, the transfer to the City Property Management Committee of a set of documents necessary for registration of state ownership rights in relation to engineering infrastructure facilities to be transferred into the ownership of St. Petersburg by the winning bidder, with the involvement of organizations subordinate to the Construction Committee and the Energy and Engineering Committee provision.

3. To the City Property Management Committee:

3.1. Ensure the organization of bidding for the sale of the right to conclude lease agreements for land plots for their comprehensive development for the purposes of housing construction (hereinafter referred to as bidding) on the following conditions:

3.1.1. The trades are held in the form of an auction, open in terms of the composition of participants and open in the form of submission of proposals for price.

3.1.2. The subject of the auction is the right to conclude a lease agreement for a land plot for its comprehensive development for the purpose of housing construction by preparing documentation on the planning of the territory, performing work on the development of the territory through the construction of engineering infrastructure, carrying out housing and other construction in accordance with the types of permitted use.

3.1.3. The winning bidder receives the exclusive right to acquire ownership or lease for a period of 49 years after approval in the prescribed manner of documentation on territory planning, construction of engineering infrastructure and state cadastral registration of land plots intended for housing and other construction in accordance with permitted types of use, within the boundaries previously allocated land.

The winner of the auction has the right to acquire ownership of land plots that have undergone state cadastral registration, located within the boundaries of one element of the planning structure (block) or several elements of the planning structure (blocks), allocated in accordance with the planning project approved in the established manner, after the winner of the auction has transferred it free of charge to state ownership of St. Petersburg engineering infrastructure facilities erected by the winning bidder within the boundaries of the previously allocated land plot.

3.1.4. The validity period of the land lease agreement is established in accordance with paragraphs 3.1.9 and 3.1.10 of the resolution.

3.1.5. The purchase price for the winner of the auction of the land plots specified in paragraph 3.1.3 of the resolution, intended for housing and other construction in accordance with the types of permitted use, within the boundaries of the previously allocated land plot is established in accordance with the legislation of the Russian Federation in force at the time of the decision to hold the auction calculated per unit area.

3.1.6. The initial price of the subject of the auction is set in the amount of the market value of the right to conclude a lease agreement for a land plot for its comprehensive development for the purpose of housing construction.

3.1.7. The clause became invalid on January 1, 2010 - ..

3.1.8. Methods for ensuring the fulfillment of obligations for the comprehensive development of a land plot are established by the Government of St. Petersburg in the decision to hold tenders.

The volume of security for obligations for the comprehensive development of a land plot, ensuring the proper fulfillment by the winner of the tender of obligations for the development of the territory through the construction of engineering infrastructure facilities, is determined on a per unit area of the land plot:

for plots of less than 250 thousand square meters - 78 rubles. per sq.m;

for plots with an area from 250 thousand sq.m to 500 thousand sq.m - 70 rubles. per sq.m;

for plots with an area of more than 500 thousand square meters - 62 rubles. per sq.m.
(Clause as amended, put into effect on November 23, 2009 by Decree of the Government of St. Petersburg dated November 9, 2009 N 1252.

3.1.9. The maximum time frame for preparing a territory planning project and a land surveying project within the boundaries of a land plot is established in accordance with the standards, but cannot exceed one and a half years.

3.1.10. The maximum deadlines for completing work on the development of the territory and the construction of engineering infrastructure facilities are established in accordance with the standards based on the conclusion of the Construction Committee.

3.1.11. The maximum terms for housing construction and other construction in accordance with the types of permitted use of land plots are established in accordance with current standards upon the conclusion of the Construction Committee.

3.1.12. Carrying out by the winner of the auction, in accordance with the established procedure, the free transfer of engineering infrastructure objects to the state ownership of St. Petersburg.

3.1.13. The winner of the auction is obliged to transfer free of charge to the property of St. Petersburg the results of construction work carried out on the land plot in the event of termination of the lease agreement for the land plot due to non-fulfillment or improper fulfillment by the winner of the auction of its obligations under the lease agreement for the land plot (the clause was additionally included by the Decree of the Government of St. Petersburg dated November 9 2009 N 1252).

3.2. Within 30 days, in agreement with the Construction Committee, develop and approve a sample form of a land lease agreement for its comprehensive development for the purpose of housing construction.

4. The State Construction Supervision and Expertise Service of St. Petersburg and the State Administrative and Technical Inspectorate, in the prescribed manner, issue permits to the winners of the tenders on the subjects of their authority to carry out work on the development of the territory and the construction of engineering infrastructure facilities.

5. The clause became invalid on January 1, 2010 - Decree of the Government of St. Petersburg dated November 26, 2009 N 1379..

6. To establish that from the moment this resolution comes into force, Decree of the Government of St. Petersburg dated March 16, 2004 N 405 “On the provision of lease of state-owned land plots located on the territory of St. Petersburg” does not apply to land plots located within the boundaries of the territories intended, according to the territorial planning documents of St. Petersburg, for housing construction.

7. Entrust control over the implementation of the resolution to the Vice-Governor of St. Petersburg A.I. Vakhmistrov. and Vice-Governor of St. Petersburg Molchanov Yu.V. according to the questions.

Governor of St. Petersburg

V.I.Matvienko

4.2. A request to the City Property Management Committee (hereinafter - KUGI) about the property and legal status of the land plot and the real estate located on it.

The KUGI conclusion must contain:

calculation of the amount of rent per unit area of land;

information about encumbrances on the land plot and real estate located on it, indicating the terms and conditions for termination of the rights of third parties.

4.3. A request to the Committee for State Control, Use and Protection of Historical and Cultural Monuments (hereinafter referred to as KGIOP) about whether the land plot and the real estate located on it have the status of objects of cultural heritage of federal or regional significance or identified objects of cultural heritage (location of the land plot within the zones protection of cultural heritage sites).

4.4. A request to the administration of the district of St. Petersburg at the location of the land plot (hereinafter referred to as the district administration) for approval of the auction.

4.5. A request to the Committee on Energy and Engineering Support (hereinafter referred to as CE&I) about the possibility of engineering support for the land plot in accordance with the plans for the implementation of territorial planning of St. Petersburg, the general schemes of water, gas, heat and energy supply to St. Petersburg.

5. The deadline for preparing conclusions and responses from the State Administration, the State Property Management Committee, and the district administration is 10 days from the date of receipt of the request from the Investment Department. The deadline for responses from KZRiZ, KUGI and KEiIO is 14 days.

6. Within two days after receiving the KZRiZ conclusion, the Investment Department sends a notification to the Construction Committee about the need to obtain information from the Unified State Register of Rights to Real Estate and Transactions with It on registered rights (restrictions, encumbrances) in relation to the land plot and the objects located on it real estate. The Construction Committee sends a corresponding request to the Main Directorate of the Federal Registration Service for St. Petersburg and the Leningrad Region, indicating the addresses and cadastral numbers of land plots and real estate located on them, and within two days after receiving a response, forwards it to the Investment Department.

7. Upon receipt of positive conclusions and approvals specified in paragraphs 3-6 of this Appendix, the Investment Department, within two days, applies to the KZRiZ with an application to carry out survey work and conduct state cadastral registration of the land plot.

7.1. If within the boundaries of the land plot there are formed land plots provided for lease for purposes not related to construction (hereinafter referred to as land plots provided on lease terms), the Investment Department, before conducting state cadastral registration, sends a request to KUGI about the possibility of forming a land plot plot, taking into account land plots provided on a lease basis. The request is accompanied by a diagram of the boundaries of the land plot indicating the land plots provided under lease conditions and data on their area.

KUGI, within 10 days, sends to the Investment Department a conclusion on the possibility of forming a land plot, taking into account information about land plots provided on lease terms, and in case of a positive conclusion, applies to KZRiZ with an application to terminate the cadastral registration of land plots provided on lease terms, as well as with an application for the formation of a land plot, taking into account information about land plots provided on lease terms.

8. KZRiZ, in the prescribed manner, issues technical specifications for carrying out surveying work, checking the results of surveying work, approving the boundaries of the land plot and ensures the state cadastral registration of the land plot, taking into account information about the land plots provided on lease terms.

A certificate of the price of the land plot per unit area is attached to the materials of the state cadastral registration of the land plot KZRiZ.

9. The Investment Department, within 20 days from the date of the state cadastral registration of the land plot in the prescribed manner, ensures that the organization that has the right to assess state property establishes the market value of the right to conclude a lease agreement for the land plot.

10. The Investment Department, within 10 days from the date of the state cadastral registration of the land plot specified in paragraph 7.1 of these Regulations, sends to KUGI the information specified in paragraph 4.1 of these Regulations and the order of the KZRiZ on approval of the boundaries of the land plot with the attachment of a boundary plan.
(Paragraph as amended, put into effect on May 7, 2014 by Decree of the Government of St. Petersburg dated April 28, 2014 N 301.

KUGI, after receiving the specified information from the Investment Department, carries out, in the prescribed manner, actions to amend the lease agreements for land plots provided on lease terms, in terms of the objects specified in the lease agreements.

KUGI, within five working days after receiving the information specified in paragraph one of this clause, prepares proposals on choosing a method to ensure the fulfillment by the winner of the tender of obligations for the comprehensive development of the land plot, ensuring the proper fulfillment by the winner of the tender of obligations for the development of the territory through the construction of engineering infrastructure, and sends them to the Investment Department (the paragraph was additionally included by Decree of the Government of St. Petersburg dated November 9, 2009 N 1252).

11. Construction Committee:

11.1. Within five days from the date of transfer from the Investment Department of documentation for bidding in accordance with the List of documents for bidding for the right to conclude lease agreements for land plots for their comprehensive development for the purpose of housing construction in accordance with the appendix to this Regulation, but not earlier than the implementation of actions by KUGI to introduce in accordance with the established procedure for amendments to lease agreements for land plots provided to third parties for purposes not related to construction, in accordance with paragraph 10 of these Regulations, prepares a draft resolution of the Government of St. Petersburg on bidding.

The approval of the draft resolution of the Government of St. Petersburg, including disagreements regarding the terms of the auction, is carried out at a meeting with the Vice-Governor of St. Petersburg, who is responsible for resolving issues of capital construction, architecture and urban planning, land policy, in the manner established by the resolution of the Government of St. -Petersburg dated December 16, 2003 N 100 “On approval of the Regulations of the Government of St. Petersburg”.

11.2. Within five days from the date of adoption by the Government of St. Petersburg of the draft resolution on bidding, it transfers to KUGI documentation for bidding in accordance with the List of documents for bidding for the right to conclude lease agreements for land plots for their comprehensive development for the purposes of housing construction in accordance with the appendix to this Regulations.

Appendix to the Regulations. List of documents for bidding for the right to conclude lease agreements for land plots for their comprehensive development for the purposes of housing construction

Application
to the Regulations on the procedure for preparing
documentation and decision making
on bidding for the right
concluding lease agreements
land plots for them
comprehensive development for the purpose
housing construction

List of documents for bidding for the right to conclude lease agreements for land plots for their comprehensive development for the purposes of housing construction

1. Conclusion of the Committee on Urban Planning and Architecture on the fundamental possibility and urban planning conditions of a land plot for its comprehensive development for the purposes of housing construction (hereinafter referred to as the land plot).

2. Materials presented by the Committee on Land Resources and Land Management of St. Petersburg:

conclusion on the status of the land plot;

certificate of price per unit area of land;

cadastral plan of the land plot;

a copy of the order of the Committee on Land Resources and Land Management of St. Petersburg on approval of the boundaries of the land plot with the attachment of a plan of the boundaries of the land plot.

3. Conclusion of the City Property Management Committee on the property and legal status of the land plot and the real estate located on it, with the appendix of calculation of the amount of rent per unit area of the land plot.

4. Conclusion of the Committee for State Control, Use and Protection of Historical and Cultural Monuments on the fundamental possibility and conditions for the integrated development of a land plot for the purpose of housing construction if the land plot or real estate located on it has the status of cultural heritage sites of federal or regional significance or identified objects cultural heritage (location of the land plot within the protection zones of cultural heritage objects).

5. Approval of the administration of the district of St. Petersburg at the location of the land plot.

6. Conclusion of the Committee on Energy and Engineering on the possibility of engineering provision of a land plot for integrated development for the purpose of housing construction in a standard form in accordance with the appendix to this List.

7. Information from the Main Directorate of the Federal Registration Service for St. Petersburg and the Leningrad Region from the Unified State Register of Rights to Real Estate and Transactions with It on registered rights (restrictions, encumbrances) in relation to the land plot and real estate located on it.

8. Report on the market value of the right to conclude a land lease agreement.

9. Calculation of the St. Petersburg state institution "Investment Management" of the amount to ensure the proper fulfillment by the winner of the tender of obligations for the comprehensive development of the land plot, ensuring the proper fulfillment by the winner of the tender of obligations for the development of the territory through the construction of engineering infrastructure facilities (clause as amended, entered into force on November 23 2009 by Decree of the Government of St. Petersburg dated November 9, 2009 N 1252.

Appendix to the List. Standard form of conclusion on the possibility of engineering provision of a land plot for its comprehensive development for the purposes of housing construction

Application
to the List of documents for conducting
bidding for the right to conclude contracts
lease of land for their
comprehensive development for the purpose
housing construction

Standard form of conclusion on the possibility of engineering provision of a land plot for its comprehensive development for the purposes of housing construction

Land address: ___________________

Basis for preparing the conclusion:
___________________________________________

Engineering support for a land plot with approximate needs for energy and other resources indicated in Table No. 1 is possible under the conditions specified in Table No. 2.


Table No. 1
	engineering load	Unit	Magnitude of engineering load
	Water supply	cubic meters/day
	Water disposal	cubic meters/day
	Heat supply
	Electricity supply
	Gas supply


Table No. 2
	Type of engineering load	Unit	Connection conditions	Restrictions by connection time
	Water supply	cubic meters/day
	Water disposal	cubic meters/day
	Heat supply
	Electricity supply
	Gas supply

List of documents on the basis of which connection conditions are determined:

Special conditions:

Official
electronic text
IPS "Kodeks"

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Article 30.2. Features of the provision of land plots for their comprehensive development for the purpose of housing construction from lands in state or municipal ownership

1. Land plots for their comprehensive development for the purposes of housing construction, which includes the preparation of documentation for the planning of the territory, the implementation of work on the development of the territory through the construction of engineering infrastructure, the implementation of housing and other construction in accordance with the types of permitted use, from lands located in state or municipal ownership, are provided for rent without prior approval of the location of the facility.

2. The lease of a land plot for its comprehensive development for the purposes of housing construction is carried out at an auction in the manner established by Article 38.2 of this Code, except for the cases provided for in paragraph 10 of this article.

3. The tenant of a land plot provided for its comprehensive development for the purposes of housing construction is obliged to fulfill the requirements provided for in subparagraphs 6 - 8 of paragraph 3 of Article 38.2 of this Code.

4. The tenant of a land plot provided for its comprehensive development for the purposes of housing construction has the right provided for in paragraph 9 of Article 22 of this Code, regardless of the term of the lease agreement for such land plot. At the same time, the new copyright holder receives the responsibilities for fulfilling the requirements specified in paragraph 3 of this article regarding the comprehensive development of the land plot for the purposes of housing construction.

The tenant of a land plot provided for its comprehensive development for the purposes of housing construction, after approval in the prescribed manner of documentation on the planning of the territory and the state cadastral registration of land plots intended for housing and other construction in accordance with the types of permitted use, within the boundaries of the previously provided land plot has the exclusive right, unless otherwise provided by federal law, to acquire the specified land plots for ownership or lease or, if the specified land plots are formed from the land plot provided for in paragraph 10 of this article, for lease. If the specified land plots are formed from the land plot provided for in paragraph 10 of this article, the amount of rent for the formed land plots is determined in the amount of the land tax established by the legislation of the Russian Federation for the corresponding land plots. In the event of a change in the rate of land tax, the amount of rent is subject to change by the lessor unilaterally.

6. The owner or tenant of the land plots specified in paragraph 5 of this article, intended for housing and other construction, is obliged to fulfill the requirements provided for by this Code.

7. When turning over the land plots specified in paragraph 5 of this article intended for housing and other construction, the new rights holders are transferred to the responsibilities for fulfilling the requirements provided for in subparagraph 8 of paragraph 3 of Article 38.2 of this Code.

9. In case of failure to fulfill the obligations specified in paragraphs 3, , and of this article, as well as in case of improper fulfillment, a penalty will be charged in the amount of one hundred and fiftieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of fulfillment of such obligations, from the amount of the rent or the amount land tax for each day of delay, unless otherwise provided by the agreement.

Information about changes:

Federal Law No. 224-FZ of July 21, 2014 supplemented Article 30.2 of this Code with paragraph 10

10. A plot of land from lands in state or municipal ownership is provided for the integrated development of the territory for the purpose of constructing economy-class housing to a legal entity that has entered into an agreement on the comprehensive development of the territory for the purpose of constructing economy-class housing, for rent without tendering and without prior approval location of the object. The amount of rent for the specified land plot is determined in the amount of the land tax established by the legislation of the Russian Federation for the corresponding land plot. In the event of a change in the rate of land tax, the amount of rent is subject to change by the lessor unilaterally.

The market for new buildings offers a large selection of real estate properties, from which the buyer can choose the option that suits them, focusing on financial capabilities and other construction characteristics. A new trend is the integrated development of the territory. This development model is considered to be the most effective, cost-effective and justified in conditions of land shortages and congestion of utility networks in megacities. Since this term is relatively new, it is of great interest to potential home buyers. Today we will talk about the integrated development and development of territories, and also discuss the prospects for this category of housing construction.

Let's decipher the abbreviation KOT

It is worth keeping in mind when we talk about the integrated development of a territory - this is a definition that includes a number of concepts included in the system of activities for the development of territories. We will only slightly touch on this issue in this article, because most of all we are still interested in the abbreviation KOT.

So, integrated development of territories is land development projects that involve large-scale construction of residential complexes with a total area of at least one hundred thousand square meters. Typically, such a complex includes several apartment buildings united by a single architectural plan and design. They are also in a similar price range. Experts say that most often integrated development of territories involves economy- and comfort-class housing, designed for mass buyers with an average level of income.

It is worth noting that this development model includes all the associated infrastructure, which is being built by the construction organization. In most cases, the result is the emergence of large microdistricts located on the outskirts of densely populated cities and even having their own utility networks.

A little history

They first started talking about CAT about ten years ago. Then the government of the Russian Federation issued a document specifying some requirements for integrated development projects. First of all, the developer’s obligation to commission infrastructure facilities, including social facilities and utility networks, was designated. ICT also implies the construction of transport interchanges, and budget funds should not be used in such activities. All costs fall on the shoulders of the developer and investors whom he can attract to the project.

It is interesting that to date, no more than ten projects have been able to fall into the category of integrated development of territories for the purpose of housing construction. Many of the applicants have not achieved compliance with all the conditions presented and today they are only planning to begin activities in ICT.

It is worth noting that back in Soviet times, the principle of integrated development was very actively used. This was especially true in the thirties of the last century. Then entire microdistricts, and sometimes cities, were built on vacant lots. However, the goals pursued then and now differ significantly. In the Soviet Union, the main goal was to build more square meters. Therefore, entire neighborhoods turned out monotonous and gray. The modern approach is precisely based on the qualitative development of space. Many developers claim that they are not so much selling apartments as they are selling a certain way of life. And for this the buyer is ready to pay almost any money.

Reasons for the popularity of integrated construction

Land plots for integrated development of territories are now in great demand, and this is no wonder. After all, every year there is less and less free land in cities that could be used as a place for new buildings. If previously in megacities it was possible to build several houses almost in the center and connect them to existing city communications, now this is no longer possible. Therefore, developers have to consider areas on the outskirts and develop interesting concepts for their new buildings. As a result, the buyer receives an unusual project with developed infrastructure and many advantages.

Don't lose sight of the cost of construction. As a rule, the larger the project the developer implements, the cheaper it costs him. Therefore, even taking into account the need to develop all areas adjacent to new buildings, he receives a significant profit. In addition, it has the opportunity to interest the buyer with all kinds of discounts and promotions that reduce the initially stated cost of housing by ten to thirty percent. Such an approach cannot but captivate future apartment owners.

Most buyers who have already been lucky enough to become homeowners in such projects tell their friends and acquaintances about them with great delight, which fuels interest in KOTS. First of all, they are captivated by the modern equipment of housing complexes. Typically they include video surveillance, sports and children's playgrounds, carefully designed park areas and road crossings. The buildings themselves also look stylish and modern. Sometimes the area, which was part of the complex land development, resembles a small piece of Europe with its beauty and unusual design.

Advantages of ICT for cities and municipalities

Here the benefits for local authorities are also obvious. They are not investors when it comes to utilities or infrastructure. Such points are always stipulated in the agreement on the comprehensive development of the territory, so the city just needs to monitor the progress of construction and then accept the finished objects for balance.

There has been talk more than once about the collective development of territories by several developers. In this case, they may well continue to be a management company that manages boiler houses, electrical networks and other engineering facilities erected and put into operation by them. However, at the moment there is no legislative framework for such a project. However, this does not mean that it is not needed or will not appear soon.

Cons of CAT

Despite the fact that we have already listed many clear advantages of integrated construction, it also has disadvantages that buyers themselves often forget about. First of all, this is the duration of the project. Since the developer cannot build the entire microdistrict at the same time, he puts the houses into operation in several stages. When it comes to large-scale projects, these can be buildings not only of the second, but of the third and even fourth stage. This nuance must be taken into account when purchasing an apartment in such a complex.

Also, some experts attribute the construction of infrastructure facilities on a residual basis to the disadvantages of ICT. Usually, buyers receive everything they need for a comfortable stay only after the last house is put into operation. And this may take five years after the first residents move in. Therefore, today a law is being worked out that will oblige developers to build the infrastructure of the area in parallel with the houses.

Activities for integrated land development: general characteristics

We have already mentioned in previous sections of the article that integrated and sustainable development of territories has four forms, and ICT is one of them. Without going into details, they can be presented as follows:

development of already built-up areas;
projects for integrated land development initiated by land owners;
projects for integrated land development initiated by the municipality.

It is worth keeping in mind that each of these forms involves painstaking work on developing documentation, designing future facilities and subsequently ensuring their livelihoods.

Land plots for complex development: some features

In recent years, a mechanism for providing land plots for ICT has been developed. Typically, territories are put up for general auction, but before this, the documents for them are carefully checked, because the rights of third parties should not apply to the site. Any legal entity can take part in the bidding, but after winning it is exempt from the need for public hearings on land surveying or submitting project documentation. The developers themselves consider this option to be quite convenient and cost-effective.

It is worth considering that previously construction companies could simply rent sites and hold them until a certain time. Sometimes they entered into subcontracting agreements, and land acquired for the construction of a parking lot, for example, could be used for residential development. However, today the situation has changed radically, and the integrated development of territories in regions and regions is a narrowly focused activity. The site allocated for such development can no longer be used in any other way.

Rent of land plots for ICT

If the developer plans to implement the ICT, then in any case he needs to win the auction. Without this, he will not have the right to conclude a lease agreement for the comprehensive development of the territories. This rule is enshrined at the legislative level.

However, many developers are interested in another point. They want to know whether the lease can be assigned to third parties. By this wording, many understand the possibility of selling their rights. There can be no consensus here. In fact, the law does not prohibit this, but it is formulated in such a way that it is almost impossible to carry out such a procedure.

After all, it is possible to conclude an agreement on the ICT only by winning the auction, which means that the organization must fully fulfill its obligations specified in the papers. In practice, developers have already encountered a large number of different situations that are quite difficult to resolve with the existing legal framework. Therefore, many are in favor of adopting new laws taking into account all possible situations regarding the lease of land for ICT.

Agreement on integrated development of territories

This document is considered the most important when we talk about such projects. To sign it, even a special legislative framework was developed, which takes into account all its nuances.

We will give just some of the points reflected in it:

the developer is obliged to prepare all project documentation for the ICT, which not only includes the layout of the site, but also marks all future infrastructure facilities;
the right to sign an agreement exists only with a representative of government agencies and a legal entity that wins the auction;
More often, the agreement reflects the need to transfer all utility networks to the balance of the city within the time frame established by the agreement;
validity periods of the document and similar items.

In general, we can say that among all the nuances associated with ICT, the issues of concluding contracts have been worked out in the best possible way.

Problems of integrated land development

I would like to say that, despite the great interest in such developments, experts note a number of problems with these projects that hinder their implementation.

First of all, this is the lack of a legislative framework. We have already mentioned this more than once.

It is also necessary to consider assistance at the state level, which should be expressed in attracting investors to such projects. After all, if you consider that road construction is often also included in the ICT, it is not difficult to imagine how expensive this is for the developer. Some are simply not able to undertake such large-scale projects, although interest in them is quite high.

Often the problem of ICT is the inability of several developers to come to an agreement with each other. By creating consolidation, they would not only receive a unification of their efforts, but would also be able to implement a higher-quality project created in a single style.

A few words instead of a conclusion

Of course, the system for integrated development of territories has not yet been developed and will be improved over the course of several decades. However, the future of construction still lies in these large-scale and promising projects.