The term "capital construction" (CS)involves not only the erection of new buildings / structures, but also design and survey, installation, commissioning, modernization of existing fixed assets, preparation of technical documentation.
To answer the question: "What is the object of capital construction?" - it is necessary to find out what types of CS exist. Let us dwell on this in more detail.
Types of COP:
In other words, the result of any of the listed types of capital construction is an object.
Construction is a developing industry, in the processwhich appears ready-made objects for production / non-production functions and infrastructure. What falls under the category of "capital construction objects"? Definition (the wording is spelled out in the Town Planning Code of the Russian Federation) treats this concept as follows: residential and non-residential buildings and unfinished construction projects (except for buildings such as canopies and kiosks).
A detached building with all communications, overpasses, equipment, furniture is called the object of construction.
The building is the result of construction activity,forming a system consisting of underground and / or aboveground parts, the structure of which includes rooms, engineering and technical communications. The purpose of erection is accommodation, accommodation of production, keeping animals or storing products.
The building is an engineering and construction facility,intended for production processes: storage of products, movement of people or goods. The main difference from the building is the temporary stay of people at the facility, for example: bridges, dams, power lines, stadiums.
The term "structure" is used as a generalized name for the previous two concepts. It is also the result of construction, but it is not registered in the register of CC facilities.
The objects of unfinished construction are structures suspended for a certain period of time.
In the Cadastre Code The definition and types of objects of the capitalconstruction. These are: buildings, facilities (pipelines, wells, power lines and communications, dams), buildings and unfinished construction projects.
According to the Government Decision no. 87, in which the composition of the project documentation was approved, three types of objects of the COP are to be singled out according to the functional significance:
The objects of industrial nature areIndustrial buildings and structures, as well as security and defense facilities. The buildings of housing stock, communal-domestic, cultural, social purpose and capital nature are considered to be non-productive.
Engineering networks, communications, pipelines,power transmission lines and communications, highways, bridges, tunnels are linear objects of capital construction. Determination of the location in the design of this category of structures is carried out by identifying experts in the landmark case of characteristic points and is regulated by the Federal Law "On the State Real Estate Cadastre".
Obtaining documents permitting the construction of line facilities is carried out on the basis of the Urban Planning and Land Code of the Russian Federation and the Law on Roads and Road Activities.
Permit documentation - a package of documents,meeting the requirements of the town planning plan of the land plot (GPRS) and allowing the builder to start the construction and reconstruction.
Urban planning - documentation, withoutwhich the design organization is not entitled to issue its decision for the construction and reconstruction of facilities. Is issued to the developer after a written application by the architectural department with the approval of the district administration.
According to Art. 51 GRK, the beginning of construction without permits is permitted if the following is to be erected:
To understand the difference between temporary and capital structures, it is necessary to consider the legal and economic side of the subject matter.
Temporary construction is an auxiliary object erected for full-scale construction and is subject to dismantling after completion of work. It is not issued with title documents.
On the technical side, the temporary building may have the same features (foundation, capital walls, reinforced concrete floors), as objects of capital construction. The definition of fine edges The difference lies in their different legal status.When building capital facilities, their long term of operation is provided, while temporary buildings have a limited period of use not exceeding five years.
The main signs of belonging to an objectcapital construction - is its inextricable link with the earth and, accordingly, the need for obtaining permits. But more on that later.
Until 2005Legal constructions such as "real estate objects in town planning", "objects of town-planning activity" were used. With the introduction of some corrections, the terminology has changed. So, since 2005 in the Russian legislation for the first time the term "object of capital construction" has been entered. The concept and definition of this category appear not only in urban planning, but also in other branches of law (operate in terms of land, forestry legislation, civil law).
The interpretation of the term ACS is reduced to a simple listobjects, without assigning them any properties and attributes. But it is known that the capital structure has a connection with the land plot and can not be moved or dismantled without prejudice to its purpose.
On the other hand, for comparison, you need to consider the signs of real estate. In the Civil Code, in the position of Art. 130, the list of properties inherent in real estate is indicated:
Normally, the objects of the capitalConstruction, the definition of which is in the GRK RF. That is, real estate objects (unfinished objects, buildings and structures) are ACS, therefore, they are characterized by the same characteristics as for real estate.
Unauthorized construction is an object, constructionwhich was carried out without obtaining the necessary permits in the territory not allocated for these purposes and with violation of sanitary, town-planning norms and rules.
If the court recognizes unauthorized construction as an object of capital construction, two possible solutions are possible:
