What applies to capital construction projects: what does the Town Planning Code say. How to distinguish a capital structure from a non-capital one

The term "capital construction" (CS) implies not only the construction of new buildings / structures, but also design and survey, installation, commissioning works, modernization of existing fixed assets, preparation technical documentation.

Types of capital construction

To answer the question: "What is a capital construction object?" - to find out what types of CS exist. Let's dwell on this in more detail.

New construction - the creation of objects or their complex on new areas, which, after completion of work during commissioning, will be on an independent balance sheet.
Reconstruction of existing enterprises - the removal of buildings or its elements with the possible restructuring of existing workshops to improve production, increase capacity and improve product quality.
The technical re-equipment of existing enterprises is a whole range of measures aimed at modernizing, automating production in order to improve financial activities organizations. With this type of construction, the reconstruction and / or expansion of existing production areas is not carried out.
Expansion of existing enterprises - the creation and / or increase in new / existing facilities, workshops at an existing institution. Objects are not put on an independent balance after documentation associated with commissioning.

In other words, the result of any of the listed types of capital construction is an object.

Capital construction objects: definition

Construction is a developing industry, in the process of which ready-made objects appear according to the functionality of industrial / non-industrial purposes and infrastructure. What falls under the category of "capital construction projects"? The definition (the wording is written in the Russian Federation) interprets this concept as follows: residential and non-residential buildings and unfinished construction projects (the exception is buildings like canopies and kiosks).

Types of CS objects

A separate building with all communications, flyovers, equipment, furniture is called a construction object.

The building is the result construction activities, forming a system consisting of underground and / or overground parts, the structure of which includes premises, engineering and technical communications. The purpose of the construction is living, placing production, keeping animals or storing products.

Structure - an engineering and construction facility designed for production processes: storage of products, movement of people or goods. The main difference from a 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 is not registered in the register of CS facilities.

Construction in progress - suspended for certain period erected buildings.

Classification of capital construction objects

The Cadastral Code sets out the definition and types of capital construction objects. These are: buildings, structures (pipelines, wells, power lines and communications, dams), structures and construction projects in progress.

According to the Decree of the Government No. 87, which approved the composition of the project documentation, according to the functional value, it is customary to distinguish 3 types of CS facilities:

for production processes;
non-production purpose;
linear.

Production facilities include buildings and structures for industrial purposes, as well as security and defense facilities. Structures housing stock, communal, cultural, social purposes and capital nature is usually referred to as a non-production type.

Line features

Engineering networks, communications, pipelines, power lines and communications, roads, bridges, tunnels are linear capital construction projects. Determination of the location in the design of this category of structures is carried out by the establishment of coordinates of characteristic points by specialists in the boundary business and is regulated federal law"O state cadastre real estate."

Obtaining documents allowing the construction of linear facilities is carried out on the basis of the Town Planning and Land Codes of the Russian Federation and the law "On Highways and Road Activities".

Construction objects that do not require permits

Permits - a package of documents that meets the requirements and allows the developer to start construction and reconstruction.

Urban planning plan - documentation, without which the design organization is not entitled to issue its decision on the construction and reconstruction of facilities. Issued to the developer after his written application by the architectural department with the approval of the district administration.

According to Art. 51 GrK, the start of construction without is allowed if the construction is to be:

garage on land plot owned by an individual;
kiosks, sheds and other non-capital facilities;
auxiliary buildings;
and also, if it is necessary to change permanent structures, without affecting the load-bearing structures, without violating the characteristics of reliability and safety.

Distinctive features of a capital object

To understand the difference between temporary and permanent structures, it is necessary to consider the legal and economic side of the subject of discussion.

Temporary building - an auxiliary facility erected for the full implementation of construction and subject to dismantling after completion of work. No title documents are issued for it.

On the technical side, a temporary building may have the same features (foundation, main walls, reinforced concrete floors) as capital construction projects. The definition of a fine line of difference lies in their different legal status. During the construction of capital facilities, their long service life is provided, while temporary buildings have a limited period of use, not exceeding five years.

The main signs of belonging to a capital construction object are its inseparable connection with the land and, accordingly, the need to obtain permits. But more on that later.

Capital construction objects: problems of their attribution to real estate

Until 2005, such legal constructions as “real estate objects in urban planning”, “objects of urban planning activities” were used. With some adjustments, the terminology has changed. So, since 2005, the term “capital construction object” was introduced in Russian legislation for the first time. The concept and definition of this category appear not only in urban planning, but also in other branches of law (the term is also used in land, forestry legislation, and the civil law sphere).

The interpretation of the term OKS is reduced to a simple list of objects, without assigning them any properties and characteristics. But it is known that the capital structure has a connection with the land and cannot be moved or dismantled without prejudice to its purpose.

On the other hand, for comparison, it is necessary to consider the signs of real estate. In the Civil Code of the Russian Federation, in the provision of Art. 130, a list of properties inherent in real estate is indicated:

strong connection with the earth;
mandatory state registration;
the impossibility of moving real estate without causing damage to its structure; this also applies to structures, buildings and construction in progress.

The norm refers to capital construction facilities, the definition of which is in the Civil Code of the Russian Federation. That is, real estate objects (in-progress are OKS, therefore, they are characterized by the same features as for real estate.

Can it be an object of the CS?

Unauthorized construction is an object, the construction of which was carried out without obtaining required permits on the territory not allocated for these purposes and in violation of sanitary, urban building codes and rules.

If recognized by the court unauthorized construction the object of capital construction, there are 2 options for resolving the situation:

Demolition of an object by a person who erected a building inconsistent with the authorities (on their own and at their own expense).
Recognition by the court of ownership of the construction of unauthorized buildings. Subject to the construction of real estate in compliance with building codes, without endangering the health and life of citizens.

Capital construction objects subject to registration in the state real estate cadastre and other types of cadastres are buildings, structures, premises and objects of construction in progress.

Buildings, structures, objects of construction in progress, with the exception of temporary buildings, kiosks, sheds and other similar structures, are classified as immovable things.

The legislative definition excludes temporary buildings from capital construction objects and directly indicates, as an example of buildings: kiosk- a building that does not have a trading floor and is designed for one workplace of the seller; canopy- a structure of a semi-closed type (a roof on supports with or without open walls).

In Russian legislation, the concept of “capital construction object” has existed since 2005. In the previous urban planning legislation, the legal constructions “real estate objects in urban planning”, “objects of urban planning activities” were used.

Let us consider in more detail the types of capital construction objects (hereinafter referred to as OKS)

building called a ground building structure with an internal space intended for a certain type of human activity and recreation, or architectural and construction objects, the purpose of which is to create conditions for work, living, social and cultural services for the population, storage of material values, keeping animals.

The building includes utility networks and utility systems (equipment). The building may also have operated premises in the underground part. A structure that does not have an aboveground part is not a building.

The building is one of the types of building structures. The main task of buildings is the spatial organization of household, labor processes and people's recreation.

Buildings are studied by the science of Typology, which classifies architectural objects in their comparison according to common features:

functional purpose;

Space-planning parameters;

Patterns of shaping;

Urban planning functions and requirements for them;

operational qualities.

By functional purpose buildings are divided into four main groups, corresponding to the main types of human activity: everyday life, work and social and administrative activities:

Public buildings;

Residential buildings;

Industrial building;

Buildings and structures intended for the needs of agriculture.

Each of these groups, in turn, has its own typological structure, depending on the functional purpose of buildings, or their specifics. The main feature of buildings, by which it is determined that it belongs to a particular group, is the appointment of a building of a certain type for a specific purpose.

for instance: public buildings are classified according to the areas of cultural and community services for the population:

1) healthcare;

2) science, education and training;

3) education and training;

4) physical culture and sports;

5) mass recreation;

6) transport and communications;

7) public catering;

8) trade;

9) household services;

10) managerial and administrative activities;

11) utility companies.

By space-planning parameters buildings are classified according to the number of storeys, planning schemes, functional zoning of buildings on the master plan and premises in the building itself.

for instance: residential buildings are divided into the following types:

Single-apartment (one-story, attic, two-story);

Blocked (two-apartment one-, two-story, four-apartment two-story; multi-apartment one-two-story);

Sectional (single-section three-story and above, multi-section two-story and above);

Corridor, corridor-sectional;

Gallery, gallery-sectional.

One example of the classification of buildings is the following scheme (Fig. 2.1):

Rice. 2.1. Example of building classification.

Residential building(house) consists of rooms, as well as premises for auxiliary use, designed to meet citizens' domestic and other needs associated with their living in such a building. Residential buildings (houses) include residential houses of a permanent type, dormitories, shelters, houses of a mobile fund, boarding houses for the elderly and disabled, veterans, special houses for lonely old people, orphanages, boarding schools at schools and boarding schools, and other houses.

Individual residential buildings - detached residential buildings with no more than three floors, intended for one family. They also include houses cottage type(in which there is a small plot of land; cottages are mostly two-story with an internal staircase, on the first floor of which there is usually a common room, kitchen, utility rooms; on the second floor - bedrooms), single-family block houses, consisting of autonomous residential blocks.

Apartment building - a set of two or more apartments in a residential building with independent exits or to a land plot adjacent to residential building or in rooms common use in such a house. Apartment house contains elements of the common property of the owners of premises in such a house in accordance with housing legislation.

non-residential buildings- these are buildings, the purpose of which is to create conditions for labor, social and cultural services for the population and storage of material values: industrial, agricultural, commercial, administrative, educational, health, and others.

In the process of developing the needs of the population of the city, the types of buildings are constantly changing. In addition to clearly defined types of buildings, there are many transitional forms.

In addition to the typological classification, i.e. classification of buildings by purpose, there is a division of buildings into classes by importance. There are 4 classes of buildings. Each class of buildings is subject to certain requirements regarding capitalization (building materials and structures, fire resistance, etc.), the degree of urban planning and national economic significance, and performance characteristics.

BuildingIclass. These include residential and public buildings that meet increased requirements (public buildings that play a particularly important role in the composition of cities, residential buildings above six floors, etc.).

BuildingIIclass. These are buildings of mass construction, residential buildings of 4-5 floors.

BuildingIIIclass are low-rise buildings with a small capacity.

BuildingIVclass. These are buildings that meet the minimum requirements.

The main components of buildings are premises - this is a functional part of a building, structure or structure, separated from other functional parts by physical boundaries (walls) that do not have gaps.

As part of the premises, there may be rooms for the intended purpose (room-bathroom, room-entrance room, room-kitchen, rest room, etc.). A room is an indivisible functional part of a building.

construction - the result of construction, which is a three-dimensional, planar or linear building system, which has ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and designed to perform production processes of various types, store products, temporary stay of people, movement of people and goods.

An object that acts as a structure is each individual structure with all the devices that make up a single whole with it.

for instance:

The dam includes the dam body, filters and drains, sheet piles and grouting screens, outlets and weirs with metal structures, slope supports, roads along the dam body, bridges, platforms, fences, etc.;

The motor road within the established boundaries includes the subgrade with fortifications, the top surface and road conditions (traffic signs, etc.), other structures related to the road - fences, descents, weirs, ditches, bridges with a length of not more than 10 m , ditch.

The structures, which are a single object, consisting of heterogeneous elements, united by a common functional purpose, also include stadiums, which include specially equipped areas for practicing various types sports, such as city and athletics fields, football and hockey fields, a running track and jumping pits. The playgrounds are located on the ground and are its adaptation for the purposes of physical culture and sports. In this case, these structures were created in such a way that corresponds to their functional purpose.

Structures also include: complete functional devices for the transmission of energy and information, such as power lines, heating plants, pipelines for various purposes, radio relay lines, cable communication lines, specialized structures of communication systems, as well as a number of similar objects with all associated engineering structures.

Buildings. Legislative definitions of the concept " buildings" v Russian legislation not available. As before in the legislation of the RSFSR, the term "buildings" is used as general concept buildings and structures. At present, the concept of “building” is mainly used either in one terminological series - “building, structure, structure”, or as an equivalent to the concept of a building, or a secondary meaning is emphasized: “residential and utility buildings located in garden and suburban areas”, utility buildings for keeping pets, buildings for auxiliary use, buildings for consumer purposes (dachas, garden houses, garages).

Unlike other capital construction projects, the building is not an object of accounting used in the maintenance of the unified state register of capital construction objects and the state cadastral registration of real estate.

Construction in progress - objects, the construction of which has been suspended, mainly due to the lack of financial resources and logistics. This legal term characterizes not design features real estate object and the functional goals of its creation, and the process of creating a real estate object and the reflection of the phased nature of this process in the properties of the created object. Unlike buildings, structures or structures, objects under construction cannot be used in accordance with their purpose until the completion of construction and commissioning.

The word "capital" in construction is associated with a strong, reliable object, created for a long time, with large financial investments. Capital buildings, unlike temporary buildings, are legal objects - the right of ownership is registered on them. The object of capital construction - how is it defined by law, what features does it have, and what applies to capital buildings?

Capital construction object: definition, types, signs

The term “capital construction object” (ACS) appeared in the Russian Urban Planning Code only in 2005 (prior to this period, the code operated with the categories “real estate objects” or “urban planning objects”).

Definition of capital construction objects

According to the Civil Code of the Russian Federation (Article 1, Clause 10), a capital construction object (OCS) is buildings, structures, structures, as well as objects of construction in progress, while this number excludes non-capital buildings, as well as all improvements that cannot be separated from land plots(paving, flooring, coatings, etc.).

A non-permanent structure is an object that is not firmly connected to the ground, it is easy to disassemble and move it without causing harm and loss of functionality (clause 10.2 of the Civil Code of the Russian Federation, added on August 3, 2018 by resolution N 342-FZ):

kiosks (buildings that do not have a trading floor and are designed for one seller);
canopies (structures in the form of only one roof with supports or half-open, with open walls).

Difference between OKS and real estate

In fact, the definition of ACS in the Civil Code of the Russian Federation proceeds from the contrary, that is, all those that do not belong to non-capital are recognized as capital objects. It turns out that indirectly OKS and real estate objects are one and the same:

The property is firmly connected to the ground and has a foundation. It cannot be moved and dismantled, since all its components are indivisible, they cannot be used separately without violating the integrity of the entire object, its purpose and functions. Ownership of the property is subject to registration.

The same can be attributed to the ACS.

Real estate includes all capital construction projects (Article 130 of the Civil Code of the Russian Federation). (Buildings are registered as buildings). V legal relation OKS and real estate are not the same categories:
In addition to binding to the ground, the correspondence of objects technical parameters, urban planning standards and other requirements, the creation of a real estate object requires the right of ownership of a land plot, the consent of the owner of the land plot or the permission of the executive authorities.
Engineering communications must necessarily be connected to the real estate object, while in the construction of capital construction objects, this is not always a necessary condition.

Permission to build OKS

Based on Art. 51 for the construction of an OKS, except for the cases specified in paragraph 17 of this article, it is necessary to take a permit. It can be issued only if the rules of land use and construction are observed (except for those objects that are not subject (or not established) to the requirements specified in the urban planning regulations).

On the territory of airfields, restrictions are set on the use of the OCS, that is, any object cannot be built there.

Permits are not required:

for the construction or reconstruction of individual housing construction, a residential building, a garage, garden houses, auxiliary buildings on memory;
overhaul and reconstruction of the OKS (if it does not lead to a change in its purpose);
construction of boreholes, gas pipelines, according to state technical projects;
in other cases specified in paragraph 17 of Art. 51 GRK RF.

Types of OKS objects

Despite the fact that the verbal series of the definition of ACS consists of synonyms, since buildings are often called structures or structures, they are different concepts constructively and for their intended purpose.

What is a building

The building is a complete three-dimensional structure with a ground and sometimes underground part, with connected engineering lines and networks.

Purpose of the building:

residence;
implementation of activities;
production;
storage of manufactured products;
maintenance of livestock or poultry.

There are two types of buildings - residential and non-residential.

Definition and types of residential buildings

Residential building - an object consisting of residential and auxiliary premises necessary to meet domestic and other needs related to living.

Residential buildings include:

houses for permanent residence;
hostels, boarding schools and nursing homes (veterans, disabled people);
orphanages and boarding schools;
shelters for the homeless;
houses of the so-called maneuverable fund, etc.

Meet the following types residential buildings:

IZhD (individual residential buildings);
MKD (multi-apartment residential building).

IJD are of different types:

real estate for one family, no more than three floors;
a two-story cottage house with a small plot of land (there is usually an internal staircase in the house, the first floor is the living room, kitchen, bathrooms and other auxiliary premises, the second floor is the bedrooms);
block-type single-family houses.

An MKD is a house of at least two or more apartments, which, in addition to individual living quarters, also has premises for common use (corridors, landings, loggias, pantries, etc.). In multi-storey MKD there is an exit from each apartment to the landing, in single-storey MKD - to the corridor or directly to the land.

non-residential buildings

Non-residential buildings are used:

for labor and commercial activities;
industrial and agricultural production;
for administrative, social and cultural purposes;
education and health;
storage of products and goods;
for other purposes.

Structures

A structure is a completed building object of a linear, flat, or three-dimensional type, consisting of ground, above-ground (underground) parts. The composition of the structure necessarily includes load-bearing, sometimes enclosing structures.

Purpose: production, storage, transportation of goods, transportation of people. Structures, unlike residential buildings, may not be intended for permanent residence, but for the temporary stay of people.

Examples of structures: dams, roads, TV towers, stadiums, car parks, stations, engineering structures (power lines, thermal power plants, pipelines, cable and radio relay communication lines), etc.

The structure as a whole consists of many objects (structures), each of which is an integral part of the whole: the incoming objects can perform various functions, but their exclusion from the main structure is impossible, since the main function will be violated.

For example, a stadium consists of a football field, running tracks, sports grounds, sand pits, an administrative building, a spectator area - each object plays a different role, but can be used as part of the entire stadium.
At highway coatings, fences, road signs, ditches, ditches, road bridges no more than ten meters long cannot be taken away.

What is a capital structure

There is no exact definition of a capital structure in the urban planning code. These usually include:

all ACS, that is, buildings, structures and structures;
auxiliary and utility buildings of secondary, consumer importance (for example, garages, country houses).

Often the term "building" is used as a synonym for the word "building". Not all ancillary buildings belong to capital facilities construction: it is advisable in this case to use the word "building".

Signs of a capital structure

The capital structure always has a foundation deepened into the ground, strong walls. However, auxiliary buildings may have the same signs.

The main criterion by which it can be determined that a structure is capital is its longevity: the minimum life of a capital structure is 25-50 years.

Construction in progress

This is the name of OKS, the construction of which has been suspended, mainly due to lack of funds. And although such a “label” is given to objects for a while, and they are planned to be put into circulation in order to complete what they started, sometimes they are “frozen” for decades. An example is the houses that bankrupt developers began to build.

Non-capital construction objects

These include temporary buildings and structures.

Temporary buildings

Temporary buildings are erected or converted from other buildings and structures for construction and installation works:

prefabricated flat-linear structures that are easy to install and disassemble;
containers;
mobile objects.

At first glance, such buildings may not differ in any way from capital ones: they may have a solid foundation, stone walls, reinforced concrete floors. You can understand what an object belongs to (a permanent or non-permanent structure) by its temporary purpose (the service life of a temporary building is usually up to 5 years, sometimes up to 15), and when construction stops, it must be dismantled. However, this does not always happen, and some temporary buildings actually turn into permanent ones.

Temporary buildings are also being erected in forestry and agricultural lands: warehouses, beehives, sheds, buildings for animals, inventory storage, etc.

Non-capital structures

These are structures made of light structures, without a foundation (or installed on a shallow ground foundation), without underground facilities, utility lines: kiosks, pavilions, playgrounds and viewing platforms, fountains, outdoor toilets, etc.

On this basis, the following types are distinguished:

built for 100 years or more;
buildings with a limited service life of 50 to 100 years;
light construction from 25 to 50 years;
buildings with a minimum service life, from 5 to 20 years.

Of the above buildings, only the first three points of the plan belong to capital structures. Buildings with a useful life of up to 25 years are classified as temporary. How it differs from non-capital In addition to capital buildings, non-capital ones are distinguished. They have a different design. They differ in area and basic elements. One of the signs has already been mentioned in the previous paragraph, as the service life. The most common of these are sheds and kiosks. Before we start discussing what they are, we need to answer the question "why to distinguish between them?".

Entertainment facilities - attractions, children's / playgrounds, big tops, etc.
Technical, industrial, public utility- recycling points, change houses, warehouses, car park sheds, garages, etc.
Covered underground or overhead walkways, ramps, etc.
Mobile structures of prefabricated / collapsible type - pantries, warehouses, hangars, auxiliary premises, pavilions, etc.

Distinctive feature

The difference between a capital building and a non-capital one

Objects of capital and non-capital construction construction sites which are used many times in practice. In the presence of a foundation, it is of fundamental importance technical solutions above-ground part of the object, allowing to separate it from the foundation and mount it in a new place. So metal frame buildings and hangars of any area can be recognized as non-permanent when shallow foundation and the possibility of re-assembly of the ground part on another foundation.
Tent hangars and other structures cause even less doubts about lack of capital. Thus, the defining characteristics of a non-capital object are the temporality and the possibility of moving the building (without disproportionate damage to its purpose).

Capital and non-capital structure differences

Attention

We provide legal services As practice shows, most of the clients who contacted us are not familiar with the legal aspects that arise in the process of project implementation and communication with government bodies, and the information that can be found on the Internet is superficial. Therefore, we are ready to help our clients in this serious matter. Our staff includes a lawyer with practical experience in dealing with issues related to construction and land use.

By contacting us, you will receive detailed advice and assistance in matters of legal registration of prefabricated buildings.

Non-permanent buildings and structures If they are located on the territory land object belonging to private property, then the demolition of this structure is impossible. But this does not limit the owner from other problems. Important As a rule, most often people face such problems:

refusal to connect communications from the central system;
impossibility of registration or re-registration of property rights;
etc.

To avoid these difficulties, it is necessary to take care of the availability of documents in advance.

For this purpose, you need to contact the BTI and provide a construction plan. After approval by the architectural commission, construction can begin. Object classification Capital buildings and buildings are classified according to several criteria.

Capital structure: definition, features, types of buildings

What is a capital building? Definition of a capital structure in 2018. Types of buildings and their classification features. The difference between capital and temporary buildings. The construction and registration of different forms of buildings have their own characteristics.

Therefore, before documenting a property, it is important to know what the building belongs to. There are several features by which buildings are classified. First of all, it is the purpose of use. On this basis, the following objects are distinguished:

residential;
public;
industrial;
vaults;
agricultural.

In addition, they also determine the features of their structure.
It can be temporary or permanent structures. Depending on this, the compliance of most of the requirements for the further operation of the building is determined.

Non-capital buildings and structures

Based on this, the following sign appears, namely, the presence of permits that must be issued on the basis of the relevant requirements, based on Urban planning code Russian Federation. They must comply with the town-planning plan of the land plot. Having a list required documents, the owner can proceed with the construction of the object.

Important

At the same time, he can carry out construction work on his own or hire contractors. This attribute does not play a role in determining the classification of the building. As a rule, the owner must have documents that confirm the right to use or dispose of the property.

In the absence of relevant documentation for the construction and use of the building, such objects are considered to be unauthorized erected.

What is a capital building?

After the completion of construction, such buildings will be transferred to an independent balance.

Renovated buildings for improvement, increase in capacity or capacity.
Restoring buildings for the purpose of their cosmetic or overhaul, internal restructuring, elimination of physical defects, expansion.
Production facilities subject to technical re-equipment, automation or modernization in order to increase production space.

Production. These are buildings erected for industrial purposes, defense or security facilities.
Non-production. These are buildings of housing stock, communal, cultural and social.
Linear.

What is the difference between a capital structure and a non-capital one?

Info

It is believed that the objects of a capital structure include independent buildings that are equipped with the necessary equipment, means of communication, etc. Capital buildings include both finished objects and construction in progress, the construction process of which has been suspended in accordance with the law. What are the types According to the legislation of the Russian Federation, capital buildings are divided into three main types: Production These are buildings that are used for industrial purposes, as well as security facilities Non-production Buildings that are included in the communal, cultural, social and household fund Linear These are engineering and communication buildings , which include elements of highways of different transport routes. When erecting buildings on capital construction projects, design estimates are compiled and maintained.

What is a capital building? Attention In particular, land users need to go through a complex and lengthy procedure for obtaining initial permits, namely:

town-planning plan of the land plot, and in many cases especially in the Moscow region - and the development of a territory planning project;
For Mr.

Moscow in most cases requires a payment to the budget from 5 to 80% cadastral value a plot as a fee for changing the permitted use of the site, a fee for lifting a building ban, an increased rent;

development of project documentation in an organization with SRO approval;
examination of project documentation;
building permit and commissioning of the facility.

And the construction work and materials themselves are not very cheap.
Do you know the difference? between capital and non-capital facilities The issue of classifying a specific existing or projected facility as capital or non-capital is of fundamental importance for:

determining the legality of the placement of objects already existing on the land plot;
minimization of risks in the construction of new non-capital facilities (do I need a building permit?).

Immovable things include land plots, subsoil plots and everything that is firmly connected with land, that is, objects that cannot be moved without disproportionate damage to their purpose, including buildings, structures, construction in progress. Things not related to real estate, including buildings, are recognized as movable property.

Capital construction is the process of erecting load-bearing structures, as well as reconstruction and restoration, which requires not only construction works but also obligatory land works.

The legislation determines that capital construction objects can be both newly erected buildings and objects that require reconstruction.

Classification of buildings and structures of capital construction

Capital construction objects are determined by a number of features that allow further work to be carried out:

The construction object should not carry the temporary nature of the work.
All buildings must be tied to a capital foundation.
The building object must have state registration, including through cadastral chamber Rosreestr.

Capital construction terminology involves the implementation of phased work, which includes the following:

Design work.
Survey.
assembly processes.
Launch of the object in construction.

According to the current legislation, objects of small architectural forms in the form of kiosks, tents, sheds do not have the right to be classified as capital construction objects. So for kiosks, it is assumed that there is one workplace for the seller, while there is no trading floor. A canopy is an object with a semi-closed shape, where part of the wall elements is missing.

The difference between temporary construction and the capital option

In the construction industry, there is a temporary option for buildings that have a number of distinctive characteristics. Among these characteristics is not only the economic side of the subject, but also the legal, legal assessment of the temporary nature of construction.

An object with temporary characteristics cannot be a property documentation, and at the end of its useful life is subject to demolition or dismantling.
A capital construction object has an ownership factor, undergoes state registration and is tied to a capital foundation. Subsequently, the object is not subject to demolition, transfer or dismantling, except as provided by law.

On the object of capital real estate is being developed project documentation, which confirms a certain type of construction subject.

Capitalism or temporary nature - we analyze the nuances

As such, the concept of "capital construction" you will not find in the current GOST of Russia, while the regulations provide for the definition of categories of buildings.

Category I - this type of buildings must have a service life of over 100 years.
Category II - this category of objects has a service life of 50-100 years.
Category III - this type of facility should have a service life of 25-50 years.
Category IV - the life of the facility is 5-25 years.

For last class object there is an unspoken rule of the concept of a temporary nature, while this type of building must be built on the basis of lightweight structural materials - wooden structures or other types.

Technical differences of construction objects

Temporary buildings and the capital construction option have external similar features, while, according to the Town Planning Code of Russia, technical differences between the objects are defined:

The object of the capital characteristics of the construction is tied to a permanent foundation, while there is always a link to the land. A temporary building may not have a foundation.
A capital facility involves the collection of permits for full operation, while a temporary building has a minimum set of documents for permitting operation.
The minimum service life for an object of category CS (capital construction) is 25 years, and may be more than 100 years. Temporary buildings should be used for no more than 25 years, with prerequisite demolition.
The capital object cannot be demolished, transferred to another place, with the exception of a number of provisions of the urban planning code.
The object of completed construction works involves the use of property rights with registration in the Rosreestr; for temporary buildings, restrictive permissive functions of property rights are presented.

Categories and types of capital construction projects

The Town Planning Code of Russia, as well as a number of other regulatory provisions, have developed categories and types of capital construction objects, which have their own distinctive characteristics.

Construction of a new facility (new building). The object is being built "from scratch", while using the primary factors of construction, starting from the development of the land issue. Upon completion of construction, the object becomes an independent unit with a book value.
Restoration. The process of repair, reconstruction and expansion of existing structural elements.
Reconstruction. Modernization of the property, while the expansion of the area is not allowed.
Expansion of the object - a significant increase in area, by adding a separate object, with the conclusion of a new type of premises or building for a separate book value.

What objects are considered capital construction

Capital objects for construction can be both residential and non-residential buildings. These concepts are clearly described in the current Town Planning Code of Russia. In any case, regardless of the nature of the object, all of them must have the minimum characteristics of the comfortable use of the building. In this case, it is necessary to use engineering communications, the building must be equipped with an entrance, exit, ramps, entrances, etc.

Residential building. High requirements for the arrangement of an object, the main purpose of which is permanent residence people, may have above-ground and underground parts. Mandatory presence of engineering communications, entrance groups. The building can be intended both for human and animal habitation, and for industrial purposes.
Non-residential objects. This category includes structures that are not intended for permanent residence and residence of people, such as power lines, stadiums, bridge structures.
Construction projects in progress. The property has construction that was suspended for a number of reasons, while in the future it is allowed to resume construction or suspend the operation of the property.

Features of legislation for capital construction

In Russia, a number of by-laws provide for the application of terms to capital construction, on the basis of which a legal assessment of the actions of all interested parties is carried out.

The cadastral law of Russia implies the following types of objects:

Structures, buildings and buildings that are related to objects of social or engineering communication— Power lines, pipeline system, wells.
Objects unfinished for a number of reasons construction.
In addition, according to the Decree of the Government of the Russian Federation, which has serial number No. 87, all objects of capital operating construction are classified into:

Industrial (standard production) entities.
Objects of the defensive sector to ensure the security of the country.
Objects with non-production characteristics (social buildings, residential facilities, residential premises, etc.)

This category of objects includes pipelines, main power lines, roads, tunnels. For these objects, special conditions for permission to commissioning are required, which provide for the consideration of technical documentation on the spot, using special equipment, intended for surveying objects. After registration of the relevant documentation, the construction of the facility and its commissioning are allowed.

Objects without permits

According to the provisions of the laws, any construction object must have permits, on the basis of which the capital construction of the object begins. Without such a document, it is possible to apply penalties to the owner and to persons involved in construction.

All building permit documents must be obtained from the local architectural department of the municipality. At the same time, Article 51 of the current Town Planning Code assumes the absence of a permit executive documentation in some cases:

The object will be built or reconstructed in the future on a land plot that belongs to the developer on legal grounds and property rights.
In the future, the facility will have temporary operation characteristics.
The object will be erected auxiliary facilities, which do not belong to the category of a capital nature and will not affect the main functions of other residential and non-residential facilities.

Legal grounds for capital construction

V last years the wording "capital construction" is beginning to take on a legal connotation in a number of sub-legislative documents. In particular, in 2005, the concept of capital construction appeared for the first time in the Town Planning Code of the Russian Federation. A little later, there were reasons to radically change the civil legal justification for capitalization in a number of legislative provisions.

The result of a lot of work was the introduction of the concept of capital construction in the forest and water code of Russia. Article 130 of the Town Planning Code of Russia, which clearly explains the term capitalization, which denotes the direct connection of an object with the surface of a site, which has a foundation of the corresponding type, has made an important contribution.

Currently, appropriate changes are being made to a number of laws that will make it possible to raise a dispute between the concepts of temporary construction and capital subjective object construction in relation to buildings of the MAF type (small architectural form), which have made a lot of noise in a number of regions of the country. The State Duma intends to put a final dispute between these objects, after a detailed examination of all innovations in other legal acts of Russia.