Auxiliary buildings urban planning code. Auxiliary buildings and premises of industrial enterprises

The quality of cultural and consumer services at industrial enterprises significantly affects the formation of personnel at enterprises, the constancy of their composition, the health status of workers, their mood and other factors, the combination of which significantly increases the productivity of workers and the culture of production. In auxiliary buildings industrial enterprises usually the following premises are located: sanitary, cultural and sports, communal, administrative, technical, trade and technical services, as well as health care, catering, vocational training and public organizations.

The system of cultural and consumer services at industrial enterprises has a clear stepwise organization.

Stage I covers intra-shop premises and day-to-day local service devices that are closest to workplaces and are used repeatedly during working hours. These include latrines, smoking, drinking devices, vending kiosks and vending machines, recreation facilities, i.e., primary systematic service facilities (service radius 75-100 m).

The II stage of service covers workshop and inter-workshop (for several workshops) premises and devices that are used daily at lunchtime, as well as before and after work. These are dressing rooms, showers and washrooms, canteens and canteens, paramedic health centers, premises of public organizations, etc., that is, objects of daily service (radius of service 300-400 m).

The III level of service covers plant or general plant (for a group of enterprises) facilities and institutions. These include general plant medical health centers, branches of polyclinics, canteens - procurement, plant gyms and clubs, that is, objects of periodic maintenance (radius of service 800-1000 m).

The IV stage of service covers objects of regional significance. The objects of this stage cooperate with the objects of servicing the residential area, as well as with similar institutions of other industrial enterprises located in the same industrial hub. These include procurement public catering enterprises, clinics, medical and sanitary units, palaces of culture, engineering centers, etc., i.e., as a rule, objects of periodic or episodic service (radius of service 1500-2000 m).

By appointment, auxiliary premises are divided into the following main groups:

Sanitary facilities can be general and special. The general ones include: dressing rooms, washrooms, restrooms, smoking rooms, etc. The special ones are showers, rooms for washing, dry cleaning, drying, dedusting, dehydration and repair of special clothing and footwear; premises and devices for heating or cooling workers; for positioning foot bath or half-soul equipment; rooms with devices for drinking water supply, respiratory rooms, storage rooms for clean and dirty clothes, etc.

Catering establishments (general, dietary, and, if necessary, therapeutic and prophylactic) provide: canteens, preparatory canteens, canteens, preparatory canteens, buffets, dining rooms, and in some cases restaurants, cafes, snack bars, mobile canteens, premises for placing vending machines , kiosks, etc.

Vocational training facilities include: general education classrooms (schools for working youth), study jobs, training sites, classrooms, industrial training facilities (classrooms and industrial training buildings), special technical education facilities ( vocational schools, departments of evening technical schools and universities).

Healthcare facilities: hospitals (hospitals), outpatient clinics, clinics, dispensaries, health centers, rooms for hand baths, pharmacies, sanitary and epidemiological stations, ambulance substations, etc.

Premises for cultural and sports services: cultural and educational institutions (red corners, libraries, offices of political education, museums of factories, meeting rooms, clubs. Houses and Palaces of culture); objects for sports (playgrounds for sports games and for gymnastics, stadiums, gyms, sports centers, methodological rooms for mass sports work); premises and places for short-term rest during working hours and at lunchtime.

Utilities and retail premises include: premises of integrated reception centers (dry cleaning, laundry, tailor shop, repair shops), consumer services complexes (hairdressing salons, beauty parlors), order tables, hotels, hostels for visitors. Premises for off-site sales, volunteer trade points (sale of books in workshops), shops selling food and industrial goods of daily demand.

Premises for administrative and technical purposes and public organizations include: working rooms for employees of various services, meeting rooms, offices of engineering and technical personnel, secretariats, typewriting offices, exhibition rooms, laboratories, scientific and technical libraries, research institutes and their branches. Maintenance rooms include: computing stations, computing centers, automatic telephone exchanges, radio centers, photo laboratories, copiers, archives, as well as rooms for engineering equipment of buildings: water supply and heat inputs, supply, exhaust and ventilation chambers and air conditioners, security rooms enterprises, checkpoints, fire stations, gas rescue stations.

In terms of number of storeys, auxiliary buildings are divided into one-storey and multi-storey - no more than nine storeys. When determining the number of floors, the above-ground floors, including technical ones, as well as the basement floor, if the top of its floor is 2 m or more higher than the ground level, are taken into account.

However, in all cases, auxiliary premises for various purposes are placed in the same building, if this does not contradict the Building Codes and Rules and Sanitary standards design of industrial enterprises. Ancillary buildings and premises are located in places with the least exposure to noise, vibration and other harmful factors, based on the maximum approximation of them to workplaces, while taking into account that workers should not pass through industrial premises with harmful emissions and explosive and fire hazardous industries of categories A, B and with explosive industries of categories E, if they do not work in these rooms.

Ancillary buildings are also classified according to the time of their use into objects used during the working day and objects used before or after the working day.

According to the structural scheme, auxiliary buildings are divided into two groups - frame buildings and buildings with load-bearing walls. The total usable area of ​​auxiliary buildings and premises is usually 20-30% of the total useful area industrial building.

For enterprises of manufacturing industries, for auxiliary buildings belonging to I, II, III stages, the area by types of consumer services is distributed in% to the following objects: sanitary and consumer services - 65; public catering - 25; medical services - 2 and cultural services - 8.

Ancillary buildings and premises must create optimal conditions for the implementation of the functional processes for which they are intended. This means that such premises should be comfortable, a proper sanitary and hygienic regime should be created in them, and the whole range of measures should be carried out in accordance with the requirements that apply to premises for a particular purpose.

For engineering and technical and support personnel, in addition to the appropriate household and sanitary and hygienic amenities, best conditions carrying out work related to the management and support of the production process (preparation, management, analysis, etc.).

When placing general plant auxiliary buildings on the territory of an industrial enterprise, using the principles of blocking and cooperation, one should strive to create administrative, research, educational and public centers. This improves service conditions, reduces room duplication and reduces construction costs.

Shop auxiliary buildings are usually located on the main highways of enterprises in such a way that they are as close as possible to the production shops. The space-planning solution of auxiliary buildings and premises must be clear and correspond to the functional processes taking place in them. The required composition of the premises, their size and equipment are determined depending on the number of workers and the sanitary and hygienic conditions of production processes.

The design of auxiliary buildings and premises is carried out taking into account the climatic characteristics of the construction area, sanitary and hygienic, fire safety and other requirements.

It should also be borne in mind that the complex of auxiliary buildings significantly affects the formation of the architectural composition of the entire industrial enterprise, therefore, when designing, the architectural and compositional unity of the main production and auxiliary buildings must be ensured. Finally, space-planning and structural solutions for auxiliary buildings and premises should be economical.

Auxiliary premises can be located in detached buildings, in special annexes to industrial buildings, ie, "attached auxiliary buildings", as well as inside the production building, ie, be "built-in auxiliary premises". The choice of this or that solution depends on the sanitary characteristics of the technological process, the size of the territory of the industrial enterprise, the number of employees and other factors.

Detached auxiliary buildings are located near the industrial buildings or structures they serve. The connection between them and with the production facilities is carried out through underground or overhead passages or, if it is permissible for safety and sanitary requirements, directly across the territory. Distances between detached auxiliary and industrial buildings are assigned in accordance with the design standards of this industry. Separate workshop auxiliary buildings are designed for hot and other workshops, the production mode of which, for example, due to the state of the air environment, noise, hazards, requires reliable isolation of auxiliary premises.

Attached auxiliary buildings are located along the longitudinal or end walls of the production building. They can be attached to them with a longitudinal or end wall.

The attached auxiliary building should not, if possible, impair the natural illumination of the production building and reduce its aeration capabilities.

Comparing detached and attached auxiliary buildings, it can be noted that the former create a better sanitary and hygienic regime, reliably isolating people from the influence of industrial hazards, have a simpler constructive solution and a more compact layout. Free-standing auxiliary buildings provide the opportunity to renovate or expand production buildings. At the same time, they increase the cost (due to the device of the transition), create a less dense development of the territory and a greater remoteness of premises from workplaces.

Built-in auxiliary rooms are arranged in industrial buildings, space-planning and design solutions, as well as the production mode of which allow direct placement of auxiliary rooms together with workshops (instrument-making and other similar enterprises).

Built-in auxiliary premises are located on the sections of the production building allocated for this purpose, in basement floors, on the mezzanines, in the technical floors of multi-storey buildings (in the interfarm space or on the roof). Built-in support rooms can be positioned close to work stations, which enhances worker comfort. However, they complicate the layout of an industrial building, often interfere with the modernization of technological processes.

Fig. 1. The layout of the built-in auxiliary rooms. a - in the inserts between the shops, b - in the outer aisles of the shop, c - on the free areas of the shop (island location), d - in the basement of the production buildings, e - on the mezzanine in the shop, f - in the interfarm space and on the roof of the shop

In industries, the technological process of which is accompanied by the release of a significant amount of heat, moisture, gases and other hazards, as well as in the food industry or in enterprises requiring compliance with a special sanitary regime, the placement of auxiliary premises in production buildings is unacceptable. However, premises such as, for example, workshop toilets, smoking rooms, etc., should be made built-in for any type of production.

Since the main functional processes of auxiliary buildings and premises include household, medical and cultural services, public catering, enterprise management, the work of public organizations, etc., it is possible to functionally zone the volume and area of ​​the auxiliary building or premises.

Fig. 2. Functional zoning scheme for an auxiliary building attached to the workshop. 1 - men's household premises; 2 - women's household premises; 3 - dining room; 4 - medical center; 5 - premises for engineering and technical personnel; 6 - premises for design bureaus, training sessions and public organizations; 7 - cultural service rooms; 8 - lobby, hall of the 2nd floor and corridors: 9 - stairs

Functional zoning involves the division of premises into groups. At the same time, the distribution of human flows is rationally solved, the rooms are illuminated with natural light, the rooms are harmful in sanitary and hygienic terms, and the rooms are arranged with the same temperature and humidity conditions.

The composition of the auxiliary premises depends on a number of factors, including the number of workers in production, which are divided into the following categories: production and auxiliary workers, engineering and technical staff, office and economic and junior service personnel.

The number of production and auxiliary workers, engineering and technical and other personnel, in turn, depends on the nature of production, its automation and other factors and is determined in accordance with the technological standards of this type of production.

For the design of auxiliary premises, it is necessary to establish the list number of workers in all shifts and the so-called turnout number of workers in the largest shift. According to the payroll number, the total area of ​​the premises, the number of wardrobe equipment, etc., is determined, and according to the attendance, the number of seats in canteens, the number of latrines, showers, the area of ​​premises of public organizations, etc.

According to SNiP II-92-76 for the design of auxiliary buildings, production processes for sanitary characteristics are divided into four groups:

• group I is subdivided into three subgroups: a, b, c - characterizes the production processes occurring under normal conditions and in the absence of harmful gases;
• group II, consisting of five subgroups: a, b, c, d, e - characterizes production processes occurring under unfavorable meteorological conditions, or processes associated with the release of dust or intense physical work;
• group III, which has four subgroups: a, b, c, d - characterizes the production processes occurring with pronounced hazard factors and contamination of work clothes;
• group IV with three subgroups: a, b. c - characterizes production processes that require a special regime to ensure product quality.

Usually dressing rooms, showers and washrooms are combined into so-called "wardrobe blocks". Dressing rooms are intended for storing outdoor, home and special clothing. In the production processes of groups I, II a - wardrobe blocks are arranged common for all types of clothing, and for the rest - separate for each of these groups. In the production processes of groups II (with the exception of II a), III and IV, separate dressing rooms for special clothing are provided. Dressing rooms for special clothing in the production processes of groups II g (with the number of workers in the most numerous shift more than 30), III a, III b, III d and IV b should be separate for each of the indicated groups. Dressing rooms for street, as well as street and home clothes in all cases can be common to all groups of production processes. Separate dressing rooms for special clothing are also provided for in the production processes of group I in, if, according to the working conditions, it becomes necessary to change completely (including underwear). General dressing rooms for all types of clothing are provided for in the production processes of groups II, III b and IV, if, according to the working conditions, there is no need for complete (including linen) dressing.

The washroom is located adjacent to the dressing rooms of special clothes, common dressing rooms or on the area provided for this purpose in the indicated dressing rooms. Showers are placed adjacent to dressing rooms. At showers, pre-showers are provided, which are designed to wipe the body, and at showers in dressing rooms for the joint storage of all types of clothes, there is also a place for changing clothes. In this case, when dressing rooms for street and home clothes and dressing rooms for special clothes are located in separate rooms, shower and pre-show rooms are located between them. Workers going to work pass from the wardrobe of street and home clothes to the gaderob of special clothes through the aisle, bypassing the pre-shower; when returning from work, they pass through the pre-soul and shower.

For the production processes of groups II and III, there is a need for separate household premises associated with drying special clothing, dedusting it, storing clean and dirty linen, respirators, etc.

Thus, when designing wardrobe blocks, the basis of the planning solution should be a clear separation of human flows going to and from work, a possible reduction in contacts between people going through different stages of service (dressed and undressed, who have gone through and did not go through the shower, etc.).

VOLUME-PLANNING AND STRUCTURAL SOLUTIONS OF AUXILIARY BUILDINGS AND ROOMS AND THEIR EQUIPMENT

Space-planning solutions of auxiliary buildings, as a rule, are developed on the basis of unified dimensional schemes or typical planning elements.

Fig. 3. Dimensional diagrams of auxiliary buildings. a - frame, b - with load-bearing transverse walls made of large panels.

Unified dimensional schemes most often have a width of 12 (for attached) or 18 m (for detached) buildings, with a length of 36, 48, 60 m and the number of floors is two to four.

The standard height of the floors of auxiliary buildings, depending on the purpose of the premises, can be 3; 3.3; 3.6; 4.2; 4.8 m.

For a number of auxiliary buildings (for example, administrative), it is advisable to use a width of 15 m (6 + 3 + 6 = 15 m), and for some up to 24, 36 m or more, which significantly increases the flexibility of the layout.

Auxiliary buildings have a corridor (hall) or corridor planning system. In detached buildings of the hall planning system, auxiliary rooms that require natural light are located along the entire width of the building, in attached buildings - at a maximum of 2/3 of its width.

It is advisable to designate the width of corridors and passages in auxiliary buildings using the calculation of forced evacuation, taking into account the number of people using these premises. However, the width of the corridors and passages cannot be less than 1.4 and 1 m, respectively.

Fig. 4. Layout of corridors and passages in auxiliary buildings. a, b, d - attached and detached, c - detached, e - attached

According to SNiP II-92-76, the number of exits from auxiliary buildings under the conditions of evacuation must be at least two. An external fire escape can be used as a second escape route.

With a large number of workers, utility rooms can be located on the first and second floors. In this case, take a special layout (Fig. 19.4). Each section is designed for a certain number of people with the corresponding necessary sanitary equipment. When placing sections on different floors, showers, washrooms, latrines are placed along the same vertical lines.

Dressing rooms are suitable for storing outdoor, home and special clothing. They often occupy the largest volume of household premises. The area of ​​dressing rooms is determined depending on the sanitary characteristics of the technological process, the required method of storing clothes, the type of equipment, the number of shifts and the composition of workers (men and women).

The sanitary characteristic of the technological process determines the way of storing clothes, determined by building codes and regulations for the design of auxiliary buildings and premises. There are the following two main methods: a) separate - for each type of clothing in separate rooms; b) combined in one room. The first is used in cases where production requires a special cleanliness regime in order to ensure the quality of products or when production is accompanied by contamination of work clothes, the release of harmful or strongly smelling substances, i.e. in cases where the joint storage of home and special clothes in one the room is impossible.

Storage of clothes can be open on hangers, closed in individual wardrobes, in a mixed way; for example, street - open, home and special - closed. It should be borne in mind that open storage requires less space, and, therefore, reduces the one-time costs of building a building, but at the same time operating costs increase greatly for the maintenance of staff serving the wardrobe.
The distance between the front surfaces of the cabinets is taken: 2 m - when the benches are located on both sides of the aisles; 1.4 m - when the benches are located only on one of the sides of the aisles; 1m - in dressing rooms without benches.

Fig. 6. Dressing rooms equipped with wardrobes

Fig. 7. Washrooms

Washrooms are usually placed in separate rooms adjacent to dressing rooms (Fig. 19.8, a) or directly in dressing rooms. At the same time, 40% of washbasins can be located in production workshops, near workplaces. For administrative staff, washbasins are installed in latrines locks. The number of cranes is determined depending on the nature of the technological process and the number of workers in the most numerous shift (see SNiP II-92-76). At the same time, the number of taps in canteens and restrooms is not taken into account. The distances between the taps should be at least 0.65 m. The width of the passage between the rows of washbasins should be 2 m and one row of washbasins and vertical enclosing structures should be at least 1.5 m.

Showers, depending on the sanitary characteristics of technological processes, are arranged with pre-showers of the "sanitary pass" type, providing for the obligatory passage through the shower room and even under the shower. The latter suit in the case when the technological process is accompanied by the release of substances harmful to health or requires a special sanitary regime. Depending on the sanitary requirements, showers can be combined with other service rooms (bathrooms, wardrobes, etc.) into the so-called wardrobe and shower units. Usually, showers are placed in adjacent rooms with wardrobes (between the wardrobes of special and home clothes).

Fig. 8. Showers

The number of shower nets in the shower room is set depending on the nature of the technological process and the number of workers in the most numerous shift. However, no more than 30 shower nets can be installed in one shower room.

The width of the passages in the shower rooms is used based on the free passage of people so as not to touch each other, and at the required distance from the cabins, for example, the passage between the rows of shower cabins is taken 2 m - with the number of cabins in a row more than 6 and 1.5 m - with the number of cabins in a row is 6 or less, and the width of the passage between the row of cabins and the wall or partition is taken: 1.5 m with the number of cabins in a row more than 6 and 1 m with the number of cabins in a row 6 or less. The pre-showers are equipped with benches 0.3 m wide and 0.4 m long for one place, with a distance between the rows of benches of at least 1 m.

Fig. 9. Sanitary checkpoints. a - with a passage through the shower room, b - with a passage under the shower, 1-shower room, 2-pre-shower room, 3-male sanitary unit, 4- female sanitary facility, 5- dirty linen storage room, 6- clean linen storage room, 7- service room , 8-drying with dedusting of clothes, 9-manicure. 10- washroom

Sanitary facilities (latrines) are located both in the complex of household premises and directly in the shops so that the distance from the most remote workplaces does not exceed 75 m, and from workplaces on the site of the enterprise no more than 150 m. nodes are located on each floor. If the number of workplaces on two adjacent floors does not exceed thirty, then sanitary facilities are arranged across the floor.

The sanitary unit consists of a vestibule (sluice), in which washbasins are installed, and a lavatory room, in which booths with floor bowls or toilets are located, and urinals in men's latrines.

Fig. 10. Sanitary facilities. a - dimensions of the cabin, b - planning solutions

In detached and attached auxiliary buildings, sanitary facilities serving industrial premises are located on the ground floor. If the auxiliary building is multi-storey, sanitary facilities are arranged floor by floor along the same vertical. In the case of placing sanitary facilities directly in the volume of a one-story industrial building, they are located in fenced-in and closed rooms at the level of the first floor, on the mezzanine or in the basement. In multi-storey industrial buildings, sanitary facilities are most often located at the stairwells.

Premises for personal hygiene of women are arranged when the number of working women in the most numerous shift is 15 or more people. Typically, these rooms are located in women's latrines or adjacent to them. However, it is more correct to place them in a complex with a health center. In the premises for women's personal hygiene, there are places for undressing (at the rate of 0.7 m2 per person in the most numerous shift, but not less than 4 m2), as well as individual treatment cabins equipped with hygienic showers measuring 1.8 X 1.2 m. The number of cabins is taken at the rate of one cab for every 100 women working in the most numerous shift.

Health centers are classified as the main primary compulsory form of medical care for workers in industrial enterprises. They carry out medical and preventive work and provide first aid for sudden illnesses, injuries, acute poisoning, as well as keep records of workers' diseases, provide medical examination, organize periodic and targeted examinations of workers. Health centers carry out medical procedures related to the prevention of occupational diseases.

Feldsher health centers are arranged at industrial enterprises with a payroll of more than 300 people. The number of paramedic health centers is determined by the number of payroll employees at the enterprise based on the service of one health center: at chemical, mining, coal and oil refining industries - 1500 people, at enterprises of other industries - 2000 people, during underground work - 500 people. At reconstructed industrial enterprises with a payroll of up to 4000 people. in agreement with the local health authorities, it is allowed to provide plant-wide medical health posts. Factory-wide health centers are divided into three categories:

• Category I - a medical health center with 3-4 doctors - is prescribed with a payroll number of 3000-4000 people;
• II category - a medical health center with two doctors with 2000-3000 employees;
• III category - a medical health center with one doctor with the number of employees 1200-2000 people.

Health centers are placed either in separate buildings, or in the first floors of auxiliary or industrial buildings (Fig. 19.13), the most crowded or especially dangerous in terms of traumatism workshops. The composition and area of ​​the premises of health centers are assigned depending on their category in accordance with SNiP II-92-76. The distance from workplaces to the health center should be no more than 1000 m.

At individual industrial enterprises associated with dust or gas emissions, at health centers or independently equip inhalers for the prevention of respiratory diseases. Inhalation rooms are located at dressing rooms of street and home clothes. The number of those using the inhaler is taken equal to 20% of the workers in the most numerous shift, for whom inhalation is necessary.

Photaria - light therapy rooms for group irradiation with thermal and ultraviolet rays, which are used to increase the working capacity and lower the susceptibility of the human body to various diseases, they are arranged for preventive purposes in industrial enterprises where production facilities do not have or have insufficient natural light.

Fotaria are envisaged in industries located: to the north of the Arctic Circle; north of 45 ° north latitude; for underground work; when working in rooms without natural light or with a natural light factor of less than 0.1%. Photoaria are equipped with installations for ultraviolet irradiation. Photoaria can be booth - for individual irradiation in booths; checkpoints with installations for irradiation of people moving in a fenced special passage, which can be straight or with a turn; lighthouse - for irradiation of people located around the radiation source.

Fotaria are arranged separately for men and women. 80% of men and 70% of women, working in the most numerous shift, are used to calculate the number of people using photoarium. Photoaria are usually placed in dressing rooms of home (street and home) clothes or in a dressing room for storing all types of clothing. The composition, areas, dimensions of the premises and devices of photoariums are determined in accordance with SNiP II-92-76.

Catering establishments. At industrial enterprises, premises are provided for providing all workers with public catering: general, dietary, and, if necessary, therapeutic and prophylactic. Public catering enterprises are satisfied with the following types: canteens, pre-cooking, working on semi-finished products; canteens - buffets; eating rooms.

Procurement canteens, serving precooking canteens, are designed with a capacity of at least 8 tons of raw materials per day with a number of seats in the hall 250-1000. Canteens are designed with halls with a capacity of 50-2000 seats, with the number of people working in the most numerous shift of 200 people. and more.

Buffets or canteens are used when the number of workers in the most numerous shift is less than 200 people. and arrange with a vacation of hot dishes delivered from canteens, procurement or precooking. Shop buffets usually have 24-50 seats, and with a capacity of 8-24 they are located in the dining rooms of canteens.

Meal rooms are provided for workers who bring food from home when the number of workers in the most numerous shift is less than 30 people. They are located in special rooms next to the workshops. At large industrial enterprises, it is possible to arrange all types of catering facilities at the same time. The distance from workplaces to canteens should not exceed 300 m. In industries with continuous technological processes, the distance from workplaces to the canteen or buffet should not exceed 75 m, since the break for eating is carried out with the replacement of the worker for the shortest possible time.

The number of seats in public catering premises is set by the design assignment. It depends on the number of workers in the most numerous shift, on the number of people using food in the canteen or in the buffet, as well as on the number of people receiving preventive or supplementary food. The duration of the workers' stay in the canteen is 20 minutes, and in the buffet - 12 minutes. Food points are located both in detached buildings and in auxiliary or industrial buildings, with the exception of buildings with industries associated with the processing or use of toxic substances or materials.

When calculating the food network, it is assumed that 60% of all workers in a large shift use canteens, 20% - buffets, 10% - eating rooms, and 10% are on vacation or are absent for other reasons. When calculating seats, take into account that no more than four landings can be organized for a change. Currently, some production facilities have one lunch break. In these cases, the number of seats in public catering premises is assumed to be equal to the number of attendants of the shift.

Catering is based on the principle of self-service.

For better catering, it is preferable to have more buffets than buffets with more seats. The premises of the buffet include a sales area, a prepackage room, a washing room, a pantry and a tare room.

The structure of the premises of canteens and preparatory rooms includes the following groups of premises: trade, production, warehouse, administrative and technical.

Premises for management. These premises include working rooms for offices and offices, offices of management personnel (shop manager, chief engineer, chief technologist, etc.), conference and meeting rooms, lobbies at the halls, lobbies, dressing rooms, design bureaus, for training sessions and public organizations.

Based on the analysis of functional processes in the premises of auxiliary buildings and the accumulated design experience, the optimal sizes of their areas have been established. The design codes provide data on space requirements per person or per workplace.

The area of ​​the offices of the management staff depends on the area of ​​the working rooms (10-15%, i.e., depending on the number of employees). The structure of the management premises includes offices and rooms for public organizations, rooms for study circles, a safety room, etc. Their area is also assigned depending on the number of employees at the enterprise.

When designing these premises, the main attention is paid to the convenient arrangement of equipment, good natural illumination of workplaces and the architectural and artistic appearance of the interior.

Meeting rooms are designed at the rate of 1.2 m2 per seat with a capacity of up to 100 people. and 0.9 m2 for each seat over 100 people; the area of ​​the lobby at these halls is determined at the rate of 0.4 m2 for each seat in the hall. At the hall, if the number of workers in the most numerous shift is more than 800 people, they arrange a cinema room with stationary equipment. The offices are designed in accordance with SNiP II-84-78.

Lobby with streetwear wardrobes can be of two types. The first is intended only for the engineering and administrative staff of the auxiliary building. The second type is for auxiliary purposes, where workers in workshops also use a wardrobe for street clothes.

TO constructive solutions auxiliary buildings have the same requirements as for production buildings. At the same time, standard structures can be used for auxiliary buildings, which are used for buildings of cultural and household and public use mass construction.

The most common structural scheme of an auxiliary building is a frame with a 6 × 6 m column grid for one to four or five to twelve-story buildings. Most often, a full frame is used with longitudinal or transverse girders and large-sized floor panels.

All elements of the prefabricated frame (foundations, columns, girders, floor panels and coverings) are reinforced concrete. Elements of precast columns are used with a height of one or two floors with a constant cross-section of 300 × 300 mm. The crossbar-column interface is performed “with a hidden console” and with rigid pinching. This solution improves the interiors of the premises (in comparison with the open console under the crossbar) and is more economical. T-beams with a height of 400 mm have shelves on which prefabricated reinforced concrete floor panels and coverings are supported. All connections are carried out by welding embedded steel parts, followed by monolithing of the seams. The stability of the transverse frames of the frame is provided by rigid nodal connections of all frame elements.

The attached auxiliary buildings are separated from the production buildings by expansion (sedimentary) seams. Supporting the supporting structures of auxiliary buildings on the supporting or enclosing structures of production workshops is not allowed.

Transverse expansion joints are solved on paired columns with an insert or with a cantilever produced by floor slabs.

The binding of the frame columns to the alignment axes is performed at zero, that is, along the outer edge of the column or in the center of the frame columns.

The outer walls of auxiliary buildings are self-supporting or hinged and made of large panels.

The coverings over the auxiliary buildings are either attic with internal gutters, similar to the insulated coverings of industrial buildings, or with an attic. An exit from the staircase is arranged on the surface.

Partitions in auxiliary buildings are made of gypsum concrete slabs or panels, and in shower rooms they are made of waterproof materials: reinforced concrete or glass blocks. Partitions made of glass blocks can also be used for rooms that are illuminated with a second light.

Swimming pool and sauna, checkpoint and garage - how to register them? Should I do this? Immediately, we will say that it is necessary to register, because only in this case you will receive full right manage these buildings. Moreover, in most cases they can be recognized as objects of auxiliary purpose, and therefore, registration of rights to them can be done in a simplified manner. But the most interesting, mysterious and difficult thing is the lack of a definition of the auxiliary object as such! And even the absence of clear criteria in the legislation regarding what can be attributed to this category and what cannot, in practice, gives rise to a lot of difficulties and misunderstandings. Let's try to figure it out. SIMPLIFIED ORDER We all know that the construction of any object must be carried out in compliance with urban planning, building codes and regulations. So, for example, the provisions of Articles 30, 32 of the Land Code of the Russian Federation, as well as Article 37 of the Town Planning Code of the Russian Federation introduced the concept of "type of permitted use." It is understood as a specific activity that a land user can conduct on the purchased or provided to him land plot... And for the construction of real estate on the site, as a rule, a building permit is required, as well as its subsequent commissioning. However, the legislation also provides for cases in which the issuance of a building permit is not required (see part 17 of article 51 of the Civil Code of the Russian Federation). These include situations when buildings and structures for auxiliary use are located on the site or their construction is planned. Consequently, a permit for the commissioning of such a structure will not be required either: the rights to such buildings are formalized in a simplified manner - for this, it is enough just to provide title documents for the land plot and a document confirming the fact of the creation of such an object. We note here at once that this legislative norm received "retroactive effect" and its effect applies to objects that were built, reconstructed or changed before the entry into force of the Civil Code of the Russian Federation (clause 2 of article 9 Federal law dated 30.06.2006 No. 93-FZ "On amendments to some legislative acts Of the Russian Federation on the issue of formalizing in a simplified manner the rights of citizens to certain objects of immovable property "). Therefore, a building permit for ancillary facilities is not required no matter how long ago the construction was carried out. Of course, interest in the registration of rights to any objects located on the site, from baths and sheds to warehouses and garages, increases every year, since, according to Article 219 Civil Code Of the Russian Federation, and it is possible to dispose of them only from the moment of state registration: the ownership of a building, structure and other newly created property subject to state registration arises from the moment of such registration, which is the only proof of the state's recognition of rights to real estate (see cl. 1 article 2 of the Federal Law of July 21, 1997). In accordance with Article 222 of the Civil Code of the Russian Federation, a residential house, other structure, structure or other immovable property created on a land plot not allotted for these purposes in the manner prescribed by law and other legal acts, or created without obtaining the necessary permits for this or with significant violation of town planning and building codes and regulations, is an unauthorized construction. Those who arbitrarily erect various kinds of structures on their site do not by any means acquire ownership of them automatically, just by the mere fact of their construction. In other words, they cannot further dispose of such a building: sell, donate, lease, make other transactions with it. Moreover, unauthorized buildings are a violation of the law and, according to it, are subject to demolition by the person who carried it out or at his expense. Therefore, you should timely register any objects located on your site, and this applies not least to auxiliary objects, at the same time, registration of rights to them is a rather simple procedure. UNIDENTIFIED OBJECT But the main intrigue is that the legislation is not spelled out anywhere, and what is it, in fact, is an auxiliary purpose. The very definition of this concept is absent, there are no clear criteria by which a certain structure could be attributed to this category. Therefore, in practice, both the owner of the site and the registering and judicial authorities face a huge number of difficulties. Let's turn to specific examples... So, a pool next to a country house or summer cottage will be an auxiliary structure, however, a pool being built for sports and entertainment purposes as an independent structure cannot be considered auxiliary structures. Or a checkpoint located at the entrance to the territory of a warehouse complex or industrial enterprise, obviously, will perform an auxiliary function for them. At the same time, the checkpoint at the entrance to the parking lot, which is a fenced concrete area with no other buildings or structures, is likely to be the main, not an auxiliary, facility. And in this way, any object that claims to be a category of auxiliary objects can be qualified as the main one, depending on its purpose in the context of the existing structures in the given territory. DEFINING CRITERIA According to experts, it is hardly possible today to formulate a correct definition of the object of auxiliary use. All existing approaches are exclusively evaluative, depending on the discretion of the law enforcement officer, or are overly abstract and do not allow to unambiguously identify the qualifying features of an auxiliary object. Nevertheless, after analyzing the current legislative norms, it is possible to single out some guidelines, or the main criteria by which practitioners are guided for classifying various kinds of buildings and structures as auxiliary objects. 1. The presence on the land plot of the main object, in relation to which the new building performs an auxiliary or service function. Grounds: - determination of the Supreme Arbitration Court of the Russian Federation dated 03.12.2012 No. VAS-15260/12, according to which the criterion for classifying buildings and structures as auxiliary is the presence on the land plot of the main building, structure or structure in relation to which the new structure or the structure performs an auxiliary or service function; - the position of the Supreme Court of the Russian Federation (determination of 03/11/2015 No. 308-ES15-1282), stating that auxiliary facilities are intended only for servicing the main facility. 2. Reduced level of responsibility for such objects. Reasons: Based on the meaning of Article 4 of the Federal Law dated 30.12.2009 No. 384-FZ “ Technical regulations on the safety of buildings and structures ", objects of auxiliary use are understood as structures and structures of a reduced level of responsibility. They are associated with the implementation of the construction / reconstruction of a building / structure or are located on land plots provided for individual housing construction. 3. In addition, to substantiate the fact that an object is classified as auxiliary, it is important to use the information contained in project documentation capital construction objects or other documents. Reasons: The Federal Law of 13.07.2015 No. 218-FZ "On state registration of real estate" (hereinafter - the Law on Registration), which entered into force on 01.01.2017, regulates that state cadastral registration and state registration of rights to real estate objects , for the construction of which a building permit is not required, are carried out on the basis of the technical plan of such real estate objects and the title document for the land plot on which such real estate objects are located. At the same time, the Law on Registration also establishes requirements for the form and content of the technical plan. So, the document - the basis for the preparation of the technical plan for auxiliary facilities should be the project documentation, and in cases where its production is not required by law, you will need another document confirming the auxiliary nature of the facility (for example, the conclusion of a specialized organization according to which the building belongs to the auxiliary use structure). With regard to objects of auxiliary use located on land plots for individual housing construction (bathhouse, shed, garage, greenhouse, etc.), due to the absence of the need to prepare project documentation for them, the technical plan includes a declaration of the copyright holder of the real estate object, and in in relation to the created object - by the rightholder of the land plot on which such an object is located, provided for in part 11 of Article 24 of the Registration Law. The declaration form was approved by Order of the Ministry of Economic Development of Russia dated December 18, 2015 No. 953 "On approval of the form of the technical plan and requirements for its preparation, the composition of the information contained in it, as well as the form of the declaration of the real estate object, the requirements for its preparation, the composition of the information contained in it. ". At the same time, in the section "Conclusion of the cadastral engineer" of the technical plan, the justification for the preparation of the technical plan on the basis of the declaration must be provided. In particular, it should be indicated that the object is auxiliary in relation to the main building, structure, object of construction in progress (with the presentation of information about the main structure), and also that in relation to this object, the preparation and issuance of permits and project documentation is not provided for by the legislation of the Russian Federation. SUMMARY Summing up what has been said, we emphasize that it is possible to register the rights to auxiliary facilities only if there are documents of title to the land plot. There is no need to submit a title deed to the land plot on which the object is located, if the right to the land plot is registered in accordance with the procedure established by law (clause 1 of article 25.3 of the Registration Law) Decision to conduct or refuse state registration of rights to buildings of auxiliary use is accepted by the state registrar, first of all, based on the type of permitted use of the land plot on which the object is created. However, it should be noted that the state registrar is not entitled to independently establish the type of object and (or) draw a conclusion about unauthorized construction, therefore, when applying for registration of a right, the applicant must provide information about the main object in order to prove the auxiliary functions of such an object. At the same time, there is an opinion that in principle it is not entirely justified to put the owner of the site before the need to obtain a permit for the construction of an object depending on the type of functional use of the building or structure. According to part 2 of article 51 of the Civil Code of the Russian Federation, the purpose of the permitting procedure for the construction or reconstruction of capital objects is to ensure their reliability and safety. It is the nature of the work performed that should be the criterion for the need to obtain a building permit, since objects that are completely different in terms of reliability and safety characteristics can perform the same auxiliary functions. In this regard, a number of experts even propose to exclude clause 3 from part 17 of article 51 of the Civil Code of the Russian Federation. Such a measure will ensure the safety of construction, reconstruction and subsequent operation of buildings and structures, regardless of the type of their functional use. They strongly recommend that developers, in any case, apply to the local government for the issuance of a permit for the construction of an auxiliary facility. At the very least, such an appeal will protect him if the opinion about the auxiliary purpose of the constructed object and the absence of the need to obtain a building permit differs from the point of view of the authorities of jurisdiction in the event of a dispute about the erected building. One way or another, since the issue of auxiliary facilities remains open today, it certainly requires additional elaboration at the legislative level.

There is no legislative definition at the federal level of the term “buildings and structures of auxiliary use”, as well as a legislatively established list of objects related to buildings and structures of auxiliary use.

According to clauses 2 and 3 of part 17 of article 51 of the Urban Planning Code of the Russian Federation (hereinafter - the Code), the issuance of construction permits is not required, in particular, in the following cases:

« 2) construction, reconstruction of objects that are not capital construction objects (kiosks, sheds, and others);

3) construction on the land plot of buildings and structures for auxiliary use. "

As established by part 3 of article 49 of the Code, the examination of project documentation is not carried out if the construction, reconstruction does not require a building permit.

Part 10 of Article 4 of the Federal Law of 30.12.2009 No. 384-FZ "Technical Regulations on the Safety of Buildings and Structures" (hereinafter referred to as the Technical Regulations) states:

"Buildings and structures of a reduced level of responsibility include buildings and structures of temporary (seasonal) use, as well as buildings and structures of auxiliary use associated with the construction or reconstruction of a building or structure, or located on land plots provided for individual housing construction."

As you can see, the Technical Regulations are not talking about an exhaustive nomenclature of buildings and structures for auxiliary use, but only about those of them for which a reduced level of responsibility is established; moreover, only buildings and structures erected on construction sites for the purpose of construction (reconstruction) of a capital construction object or located on plots provided for individual housing construction.

In paragraphs 3.1 and 3.2 of GOST 27751-2014 "Reliability building structures and grounds. Basic Provisions "states:

“3.1 For each structure, it is necessary to establish its class (KS-1, KS-2 or KS-3), depending on its purpose, as well as the social, environmental and economic consequences of their damage and destruction.

3.2. The class of structures is established in the design assignment by the general designer in agreement with the customer in accordance with the classification, in accordance with Appendix A. "

According to the note to clause 2.1.4 of GOST 27751-2014, a building is a special case of a building structure.

At the same time, according to table 2 of GOST 27751-2014, structures with a reduced level of responsibility belong to the class of structures KS-1.

Thus, based on the foregoing, the assignment of a particular capital construction object to a building or structure of auxiliary use, i.e. to an object of a reduced level of responsibility, must be documented by an agreement document between the general designer and the customer.

When determining the need to carry out an examination of design documentation for the capital construction projects listed in the letter and when deciding whether to extend to them the provisions of clause 5 of part 2 of Article 49 of the Code, in our opinion, one should proceed from the functional purpose of a particular object and its parameters.

In addition, it should be taken into account whether, in accordance with Article 48.1 of the Code, they are not particularly dangerous, technically complex or unique objects, the design documentation of which is subject to state examination.

For clarifications on the issue of conducting a state examination of design documentation for a specific object, you should contact an organization authorized to conduct a state examination (see clause 3 of the Regulation on the organization and conduct of state examination of project documentation and the results of engineering surveys, approved by the decree of the Government of the Russian Federation dated 05.03.2007 No. 145).

The design of temporary buildings, structures, networks and systems, including communication facilities, implies the implementation of a reduced volume of work against the price of the Reference Book. This is due to the absence of the need to develop separate sections (subsections, parts) of the design and working documentation, the use of lightweight building structures, temporary connection schemes, etc. In this regard, when determining the cost of designing temporary communication objects according to the current Directories base prices in the calculation in accordance with clause 1.6 of the MU-2009 it is necessary to enter a reduction factor for the reduced amount of work. The size of this reduction factor should be determined depending on the volume and complexity of the planned design work for a specific temporary communication facility. For example, for temporary communication networks, when calculating the design cost according to table No. 1 СБЦ 81-2001-07, paragraph 1.18 of this Handbook set a reduction factor of up to 0.5.

When performing surveys in sparsely populated areas and the need to build temporary structures (foundations for tents, courtyard latrines, ditch crossings, ladders on steep slopes, etc.) using ancillary building materials Acts confirming the presence of these structures are attached to the estimate. Acts are drawn up by the organization performing the survey and signed by three members of a specially created commission. These acts are the basis for the application of paragraph 17 General instructions Handbook when drawing up an estimate for exploration work.

Bocharov A.N.

Southern Federal University, Russia

The concept of "auxiliary use facilities" in the current legislation of the Russian Federation

For millennia, people have been building a variety of buildings. The majestic palaces of the kings and the frail shacks of the poor, the castles rushing upward and the mines falling into the bowels of the earth. All this was created by hardworking hands and inquisitive minds of humanity for the sake of certain goals. Each building pursues the implementation of some of the tasks set by its creators.

And these tasks are very different. It is on the basis of goal-setting that the main and auxiliary structures are traditionally distinguished. But what is the legal coverage of the last category in the legislation of the Russian Federation? This work is devoted to the answer to this question.

So, auxiliary facilities. The legislator operates with the concept of “auxiliary use facilities”. For the first time, this term can be seen on the pages of the Town Planning Code, in paragraph 3, 17 of part, article 51: "... it is not required to obtain a permit for the construction of buildings and structures of auxiliary use on a land plot."

First, in our opinion, it is worth taking a critical look at the content of this article. It seems incorrect to combine the concepts of "structure" and "construction" by one quality - "auxiliary use". After all, the legislator does not give a clear definition of the term “structure”, while “construction”, according to SNiP 10-01-94 “System of regulatory documents in construction. Basic Provisions "(hereinafter - SNiP 10-01-94), there is a single result construction activities, intended for the implementation of certain consumer functions. It is impossible to assert unambiguously about the homogeneity of such concepts. It can only be assumed that the "structure", being the most general, collective for the terms "building" and "structure" can carry the function of auxiliary use only if it is represented by a "structure", that is, intended for implementation certain consumer functions ... This interpretation excludes the possibility of recognition building "Auxiliary structure", since a building by its nature cannot be auxiliary, based on the social orientation of its intended purpose - living and (or) activities of people, location of production, storage of products or keeping animals (SNiP 10-01-94). Thus, it seems superfluous to mention in the text of the normative legal act "the structure of auxiliary use". It is much more rational to confine oneself to the “construction of auxiliary use”.

Consequently, we are faced with the question of a more detailed disclosure of the concept of "construction of auxiliary use". For this it is necessary to refer to the letter of Rostekhnadzor dated October 10, 2006 No. KCh-48/981. The above guide explains that by buildings and structures of auxiliary use it should be understood structures with a reduced level of responsibility in accordance with GOST 27751-88 "Reliability of building structures and foundations" ... Paragraph 4 of clause 5.1 of the specified GOST establishes that a reduced level of responsibility should be adopted for structures of seasonal or auxiliary purposes (hotbeds, greenhouses, summer pavilions, small warehouses and similar structures). This GOST is included in the list of national standards and sets of rules that ensure compliance with the Federal Law "Technical Regulations on the Safety of Buildings and Structures", approved by the order of the Government of the Russian Federation dated June 21, 2010 No. 1047-r.

The letter from Rostechnadzor also provides another criterion for classifying a building as an auxiliary facility - the presence on the land plot on which the object is located, buildings or structures, in relation to which the new building performs an auxiliary or service function.

So, based on the position of the legislator, two characteristic features of an auxiliary use structure can be distinguished:

1. Reduced level of responsibility

2. The presence of the main building on the same plot of land.

However, such an explanation cannot be considered exhaustive.

Firstly, it seems incorrect to use such a phrase as “reduced level of responsibility” as a characteristic of a structure. What responsibility is meant here? Regarding the normative consolidation, it makes sense to imply legal responsibility. According to the views of Sukhanov (* 1), legal responsibility is one of the forms of state-coercive influence on violators of the norms of law, which consists in applying to them the sanctions provided by law - measures of responsibility entailing additional unfavorable consequences for them. In this regard, we will try to look at such a category as a structure through the prism of a doctrinal definition of responsibility. Of course, the provisions placed in GOST, describing in detail the requirements for the characteristics of structures, are the norm of proper behavior, enshrined legally. And there is no doubt that non-observance of these instructions entails certain negative consequences.

But is this the main thing when it comes to the construction of an auxiliary use? Rather, it would be more appropriate to talk not about formal signs of responsibility, but about the constructive features of auxiliary structures. After all, responsibility, despite all its importance, is only a shadow of the attitude, by resolving the situation that has arisen as a result of the subject's departure from the prescribed rules. The law must necessarily be directed to social relations, objects of the material world, with which the participants in the relationship produce interactions of a legal nature. And therefore, it is logical to assume that under the "reduced level of responsibility" the legislator does not understand responsibility itself, but less technological significance , which, by its nature, leads to a potentially smaller amount of liability for non-compliance with the established building standards.

Here it is worth paying special attention to the applicability to a legal category of a similar property. Indeed, the current level of development of technology presupposes a completely different design and architectural solutions for buildings, which are essentially auxiliary buildings. And such decisions can greatly affect the technological significance of the structure, putting it on a technological level on a par, and sometimes much higher than the main structure. Therefore, in view of the sufficient relativity of the considered attribute, the following criterion is of particular importance - the presence of the main building on the same plot of land.

Again, one cannot but admit that this formulation is somewhat uninformative. What is meant by the main structure, and what is the auxiliary? It makes sense, in our opinion, to single out such a criterion as target communication the two specified objects. The noun "connection" indicates the functional union of two objects into a system, and the adjective "target" gives an explanation of the essence of this connection - some integration for the sake of realizing common goals, where the goals and purpose of one object are primary, basic for the system, and the goals and purpose of the second - derivatives, indirectly leading to the implementation of primary goals, which puts one object in the position of the main, and the second - auxiliary.

Based on these provisions, it seems reasonable to derive a third qualitative criterion for classifying a structure as an auxiliary structure - service function. It is expressed in the provisional nature of the purpose of the structure, that is, using it either as a means of realizing the goals and purposes (which in this case should be taken as synonyms) of the main structure, or using it for the sake of providing the material basis for activities to implement the purpose of the main structure.

It is possible that the establishment of these criteria will help the law enforcement officer and introduce an element of consistency in the relationship developing around the recognition of some buildings as structures of auxiliary use. Because, alas, the practice in this case is very heterogeneous on the scale of the Russian Federation.

For example, there is a practice of recognizing energy supply facilities as auxiliary facilities. Whereas the Ministry of Regional Development of Russia, in its letter dated June 25, 2009 No. 19669-IP / 08, indicated the position that "the gas pipeline projected within the boundaries of the element of the planning structure, in which the land plot belonging to the developer is located, is not an independent object."

And then, the introduction of one more criterion becomes extremely important - communication and simultaneous isolation from the main structure. Indeed, the Ministry of Regional Development of Russia expresses a fairly sensible position, because in fact it is impossible to recognize the functional parts of the structure as a separate structure. Otherwise, we will come to the necessity of recognizing each staircase, balcony, roof, up to brick, as separate structures, which, you see, seems to be a complete absurdity! It makes sense to recognize an object as a separate structure only if it is outside the "projected boundaries of the planning structure" of the main structure.

To summarize, we can say the following:

It is necessary to give a clear definition of the concept construction of auxiliary use,as a single result of construction activities with the following features:

1.Less technological significance, in comparison with the main structure.

2. Target communication in relation to the main structure.

3. Service function.

4. Communication and simultaneous isolation from the main structure.

Literature:1. Civil law. Volume I. (under the editorship of Doctor of Law, Professor E.A. Sukhanov) - M .: Walters Kluver, 2004)

Legal regulation of the construction of temporary demountable frameless buildings.
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Modern Russian legislation, quite fully regulating legal relations in the field of construction activities in the form of regulatory establishment of various requirements for the construction of real estate, nevertheless, in some cases it provides for a simplified procedure for the construction of structures: in particular, without the need to obtain a construction permit, conduct a state examination of project documentation ...

And if relatively recently there was a legislative simplification of the legalization procedure suburban real estate used for the purposes of gardening and personal subsidiary farming (the so-called dacha amnesty), then the facilitated procedure for the construction of real estate for other purposes is known Russian law for quite some time now.

Relations on the subsequent recognition of ownership of the erected objects very closely intersect with the above legal relations for construction, which is reflected and considered in this article.

Let's try to figure out in which cases entrepreneurs and legal entities can use such a simplified procedure for legalizing their buildings and structures.

According to paragraph 17 of Art. 51 of the Urban Planning Code of the Russian Federation (Civil Code of the Russian Federation), the issuance of building permits is not required, in particular, in the following cases:

• construction of facilities that are not capital construction objects (kiosks, sheds, etc.);
• construction on the land plot of buildings and structures for auxiliary use.

According to paragraph 10 of Art. 1 of the Civil Code of the Russian Federation, an object of capital construction (OKS) is a building, structure, structure, as well as objects of unfinished construction, with the exception of temporary buildings, kiosks, sheds and other similar structures.

Thus, the legislator does not classify temporary buildings of various kinds as the OKS, for which the issuance of building permits is not required. Construction permits are also not required for the construction of structures, buildings of auxiliary use, which, however, following the meaning of the law, may be OKS, if at the same time they are not temporary buildings.

A significant legal difference between temporary structures and auxiliary structures is that temporary structures, by virtue of their design features and based on the existing judicial practice, they are not subsequently recognized as real estate objects, i.e. it will not be possible to register ownership of them.

Based on par. 1 p. 1 of Art. 130 of the Civil Code of the Russian Federation, a thing can be classified as immovable if it has a strong connection with the land and the impossibility of moving it without disproportionate damage to its purpose. Also, strength and non-consumability are indicated as necessary features of real estate in the theory of civil law. In this regard, temporary portable structures of a collapsible type (tents, booths, pavilions, etc.) are logically excluded from the composition of real estate.

The above legal definitions of real estate, enshrined in legislation, are currently the main criteria for recognizing objects as such in court.

In addition, such characteristic features as the presence of a foundation and the impossibility of separating an object from the foundation without causing significant damage to it, the presence of various communications in it: gas, light, water and etc., a rather high cost (temporary buildings, on the contrary, do not have foundations, they are basically collapsible structures, which, without much damage to them, can be transferred to any other place, their construction, as a rule, is not spent in the same way a lot of money and time).

Meanwhile, the existence of such an evaluation algorithm by and large and the absence of any legislative consolidation of a specific list of objects that should be attributed to real estate, often turns into both state registration as real estate of structures that are not such, and an illegal refusal to register real real estate objects. property, which in the future may lead to litigation, in which the court already understands the essence of the existing relationship and establishes whether this or that object belongs to the ACS (real estate) or not and whether the ownership of it is subject to registration.

In this regard, when deciding whether to classify a particular object as real estate, it can be recommended to adhere to next rule: a building, structures can be classified as immovable property only if their movement is impossible without disproportionate damage to them.

Considering the issue of temporary buildings, we can conclude that the legislator attributes all ACS to real estate objects, and temporary buildings that are not ACS will be movable things, i.e. the possibility of their movement is assumed without any damage to their purpose and intended use.

So, clause 1.1 of the UAH 81-05-01-2001 refers to temporary buildings and structures as specially erected or adapted for the construction period, production, warehouse, auxiliary, residential and public buildings and structures necessary for the production of construction and installation work and maintenance of construction workers ...

In clause 1.2 of the Regulation on the placement of temporary structures that are not capital construction objects on the territory of the city of Yaroslavl, temporary structures that are not ACS also include non-real estate structures (structures): areas equipped with a canopy for waiting for passengers of urban transport, with a kiosk (stop complex), areas for driving training vehicles, temporary parking lots and parking lots, temporary structures for trade and services. Antenna-mast structures for cellular communications can also be attributed to temporary structures.

The assignment of specific buildings to temporary ones in the event of a trial is made by the court, based on the existing legislative and theoretical-practical features of real estate. In particular, the Arbitration Court of Appeal indicated that despite the fact that currently no regulatory act fully defines a "temporary structure", this does not mean that because of this it is impossible to classify this or that structure as temporary structures based on general requirements legislation, and in itself the presence of central heating and water supply in a structure cannot yet indicate that such a structure is an immovable thing.

The Federal Arbitration Court also brought out an additional, in comparison with the legislative, list of objects that cannot be attributed to the OKS (real estate) and which are temporary buildings. In this decision, the court indicated, with reference to paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, that the creation of all kinds of easily erected structures, light collapsible structures indicates the absence of a strong connection of such objects with the ground and the possibility of their movement without prejudice to their purpose, and therefore these objects are non-capital structures and cannot be classified as real estate objects : including objects that do not have a foundation, with walls and ceilings made of metal structures, shopping malls ... From all this, the court concludes that the ownership of these objects is not subject to state registration in accordance with Art. 131 of the Civil Code of the Russian Federation, since they are not real estate objects, since are buildings that do not belong to capital construction objects, and are also objects of auxiliary use.

Thus, legislation and existing arbitrage practice put an actual equal sign between the real estate object and the ACS, and temporary buildings are not attributed to any of this category of objects as not possessing the necessary characteristics for this. Accordingly, the ownership of temporary buildings as movable things is not subject to state registration, and if documents are submitted for registration of such buildings, the registration authorities must refuse to accept documents on the specified basis.

However, the receipt by a person of a certificate of ownership of an object does not automatically lead to the recognition of this object by the court. real estate in the absence of the necessary documents confirming the assignment of the object to real estate - the allotment of the corresponding site for capital construction, etc. In this regard, it is necessary to distinguish between a trade pavilion as an ACS and a temporary pavilion that is not real estate.

In another case, the court considered that the shopping pavilion is an OKS (immovable object) on the grounds that it was agreed and built by a legal entity precisely as a capital construction object with the design and approval required in accordance with the law, despite the fact that the municipal authority the authorities insisted that the legal entity had no right to build a capital building.

In a different situation, the court, having established that the controversial structure - a pre-fabricated shopping pavilion does not meet the criteria for classifying an object as real estate established by regulatory legal acts, since it is a non-stationary, temporary structure that did not receive a building permit in this regard and was erected on land for a short-term lease, recognized the state registration of ownership of this object illegal. And the conclusion of the State Unitary Enterprise Central Research Institute of Building Structures, according to which the disputed structure was stationary, and not temporary, which is available in the case materials, did not affect the said court decision.

If, however, from the documents issued by the authorized body carrying out technical accounting, it follows that the object has signs indicating that it is firmly connected to the land, i.e. is an object, the movement of which is impossible without disproportionate damage to its purpose, then the registering authority makes state registration of the right to such an object. Therefore, when it follows from the case materials that the expression of the will of the local government was actually aimed at creating an immovable property, despite the fact that the specified object is called a temporary trade and exhibition pavilion in the documents, the court recognizes such an object as real estate.

Unlike temporary structures, the recognition of an object as an auxiliary structure cannot automatically lead to a refusal to recognize this object as immovable property (ACS): being an auxiliary structure and not being a temporary structure, the object will simultaneously be real estate, i.e. ownership of it will be subject to state registration.

What does the legislation classify as auxiliary structures, for which, however, also do not need to obtain a building permit?

According to GOST 27751-88 "Reliability of building structures and foundations", structures and structures of auxiliary use should be understood as structures with a reduced level of responsibility. These include hotbeds, greenhouses, summer pavilions, small warehouses and the like. Of course, such structures can be not only temporary, but also stationary (immovable): for example, a warehouse, fundamentally built to serve a shopping complex or a holiday home.

From the Soviet legislation, clause 20 of the Letter of the Ministry of Housing and Communal Services of the RSFSR dated 03/09/1977 No. 15-1-103 seems to be of interest, in which it was indicated that non-residential civil buildings also include capital non-residential buildings of auxiliary purpose, for example: the structure of a bath, a laundry, a catering unit, garage, etc., located on the land plot of a special purpose building (hospitals, sanatoriums, dispensaries, etc.). As we can see, it contained an approximate list of auxiliary structures, though for some reason at the same time classified by the legislator as capital (did they mean by this concept a full-fledged ACS or did the legislator really mean an auxiliary structure in their modern interpretation - it is not entirely clear from the above the normative act of the Soviet period due to the absence of a specific decoding of these terms in it).

In accordance with clause 6 of the Clarifications on the application of the provisions of the Civil Code of the Russian Federation in terms of the implementation of state construction supervision, the criterion for classifying buildings and structures as auxiliary is the presence on the considered land plot of a main building, structure or structure, in relation to which the new structure or structure performs auxiliary or service function. Such structures include mobile collapsible and container buildings and warehouses, garages, checkpoints for the protection of objects and other similar structures. That is, in this list of auxiliary structures there are both clearly temporary objects and stationary ones.

In this regard, the position of the Gosstroy is also interesting, on the website of which it was once explained that, for example, a pool next to a country house or a summer cottage would be an auxiliary structure, however, a pool being built for sports and entertainment purposes as an independent structure, to auxiliary structures assignment cannot be applied.

At the same time, taking into account such evaluative concepts in different regulatory acts, a person in the event of a controversial situations must provide strong evidence that the constructed structure is of an auxiliary nature: for example, the enterprise explained in court that on the territory of the agricultural complex it built a compound feed warehouse on the site of the existing and deteriorated similar warehouse, referring it to auxiliary buildings for livestock farms, due to with which it did not receive any permits for its construction. Meanwhile, the court did not agree with this point of view, indicating in its decision the following: since, according to the Civil Code of the Russian Federation
the creation of structures on the site of the demolished capital construction projects also refers to construction, and there is no evidence of the belonging of the constructed warehouse to auxiliary buildings in the case materials, then the conclusion that the enterprise did not require permits for the construction of this warehouse is unreasonable in this situation and, accordingly , the construction of such an object is illegal.

It should be especially noted that it is important for the subject of construction not to make a mistake when classifying a real estate object into one or another of the above categories, since such an error can subsequently lead to the fact that the subject will be sure that he does not need to obtain a permit for the construction of real estate, considering it for an object of an auxiliary nature, which is fraught with the impossibility of making sale and purchase transactions with such an object and its demolition as an unauthorized building and within the framework of Art. 222 of the Civil Code of the Russian Federation.

However, here it must be borne in mind that, within the meaning of this article of the Civil Code of the Russian Federation, only OKS (real estate) can be recognized as unauthorized buildings, and temporary buildings will not be unauthorized buildings, from which it follows that if the disputed object is not real estate (it is collapsible structure), then it cannot be demolished in accordance with the provisions of Art. 222 of the Civil Code of the Russian Federation, i.e. at the expense of the person who built it.

Thus, the court found that a gas station, which is an object of real estate (capital construction), was illegally built on a land plot allocated on a lease basis for the construction of a temporary non-capital gas station, and therefore the constructed object is an unauthorized building, the ownership of which does not arise because it is not an object civil rights and therefore it will be illegal to buy and sell and register ownership of it.

As for the issue of bringing to administrative responsibility for the lack of necessary permits during the construction of objects, then in order to legally attract a person to it, the controlling body must find out what kind of permission the person brought to such responsibility was required to obtain: for the construction of a separately erected building or for a complex buildings under construction at the same address. If such circumstances are not adequately taken into account when imposing an administrative penalty, then bringing a person to responsibility may subsequently be recognized as illegal. Accordingly, if it turns out that the object, for the construction of which the person was brought to administrative responsibility without permission, will be a temporary or auxiliary structure, then such responsibility of the person will be unlawful.