Russian Federation: "Freezing" Of Construction/Reconstruction Around "Unprotected" "Free-Standing" Monuments

The new protection zones around monuments are intended for the temporary protection of monuments for which preservation zones have not yet been established and which are not situated in the preservation zone of another monument (or within an integrated preservation zone) for the period until approval of the respective zones.

The Russian Federation has adopted and is slated to enact as of 3 October 2016 Federal Law No. 95-FZ dated 5 April 2016 "On the Introduction of Amendments to the Federal Law 'On the Objects of Cultural Heritage (Monuments of History and Culture) of the Peoples of the Russian Federation' and Article 15 of the Federal Law 'On the State Real Estate Cadastre'" (hereinafter – the "Federal Law").

The Federal Law introduces certain amendments to the Federal Law "On the Objects of Cultural Heritage (Monuments of History and Culture) of the Peoples of the Russian Federation" in terms of the establishment of new protection zones (hereinafter – "Protection Zones"). for objects of cultural heritage (hereinafter – "OCH"). Pursuant to the Federal Law, as of the date a monument or ensemble1 is added to the OCH Register and until approval of the preservation-zone plan2 for the concerned OCH, a Protection Zone is automatically established and becomes operative with respect to such monument or ensemble3.

Thus, Protection Zones are temporarily established for OCH that have already been added to the Register, but with respect to which the boundaries of the preservation zone have not yet been approved. However, as is well known, there is nothing quite so permanent as temporary; so, insofar as existing legislation does not envision a timeframe for approval of the preservation-zone boundaries of an OCH, it should be acknowledged that the effective period for the Protection Zone of a specific OCH is de jure unlimited, as is the case with the effective period for operating restrictions within the territory of a Protection Zone, as indicated below.

Within the boundaries of a Protection Zone, operating restrictions are introduced that may be more stringent than those for the corresponding preservation zone:

  1. The construction of capital structures is prohibited, with the exception of the construction of utility lines.
  2. The reconstruction of capital structures entailing a modification of their existing parameters is prohibited (height, number of storeys, square meterage), with the exception of the reconstruction of utility lines.

For companies based in St. Petersburg, a positive aspect of the Federal Law is the fact that Protection Zones are not established in the event that a monument or ensemble is situated within the boundaries of an existing OCH or within the boundaries of an integrated protection zone set up for an OCH. This provision is particularly relevant for the Historic Center of St. Petersburg, a large part of which is located within an integrated preservation zone. The aforementioned protection-zone restrictions, therefore, are not applicable to buildings located in the respective territories in the Historic Center of St. Petersburg.

In the event that the boundaries of the OCH territory have been approved with respect to a given OCH, the Protection Zone amounts to:

  • For a monument located within the limits of an inhabited locality – 100 meters from the outer boundaries of the territory of the respective monument, for a monument located beyond the limits of an inhabited locality – 200 meters from such boundaries
  • For an ensemble located within the limits of an inhabited locality – 150 meters from the outer boundaries of the territory of the respective ensemble, for an ensemble located beyond the limits of an inhabited locality – 250 meters from such boundaries

In the event that no boundaries have been approved for the territory of a monument or ensemble, the Protection Zone amounts to:

  • For a monument or ensemble located within the limits of an inhabited locality – 200 meters from the outer wall of the monument or from the general contour line of the ensemble, formed by connecting the outer markers of the ensemble's farthest-removed elements, including park grounds
  • For a monument or ensemble located beyond the limits of an inhabited locality – 300 meters from the aforementioned boundaries

It should be noted that the Federal Law empowers the Committee on the State Control, Use and Protection of Monuments of History and Culture (KGIOP) to make decisions on establishing a Protection Zone of other dimensions. However, the procedure for adopting such decisions still requires further affirmation by the Government of the Russian Federation. Moreover, decisions on the approval of Protection Zones adopted prior to the entry into force of the Federal Law are deemed valid pursuant to the RF and RSFSR law.

It is important to bear in mind that the prohibition against construction/reconstruction mentioned above is not applicable in the event that the respective construction permit is issued prior to the entry into force of the Federal Law (that is, prior to 3 October 2016), in the event that said permit is extended, or in the event that there is a change in developer. Notably, the Federal Law does not specify whether the developer must merely obtain the required construction permit prior to 3 October, or whether he must also proceed with construction/reconstruction by that deadline. We cannot exclude the possibility that this particular provision of the Federal Law could be interpreted rather broadly by the courts. Thus, in the event that the land plot slated for development in the form of construction/reconstruction falls within the boundaries of a Protection Zone, in order to avoid the risks associated with being unable to proceed with construction, we recommend obtaining the required construction permit and commencing construction itself prior to 3 October 2016. In this connection, we recommend that developers start doing the appropriate legal due diligence right now to determine whether or not the land plot slated for development in the form of construction/reconstruction is located within an OCH Protection Zone.

Footnotes

1 Protection Zones are not established for objects of archaeological heritage, necropolises and burial sites located within the boundaries of necropolises, works of monumental art or monuments and ensembles located within the boundaries of a site, where said boundaries are established by the requirements and restrictions envisioned by applicable law for the territory of the respective site.

2 It should be noted that Decree of the Government of the Russian Federation No. 972 of 12 September 2015 "On the Approval of Regulation on the Preservation Zones for the Objects of Cultural Heritage (Monuments of History and Culture) of the Peoples of the Russian Federation and the Annulment of Certain Provisions of Regulatory Acts of the Government of the Russian Federation," governing the procedure for the approval of preservation-zone boundaries, land-use modes, and the requirements to town-planning regulations within the boundaries of such zones, does not contain a procedure for approving the plan for a Preservation Zone. In this connection, we presume that "approval of the preservation-zone plan" effectively means "approval of the preservation-zone boundaries" of the respective OCH.

3 With respect to monuments and ensembles previously added to the Register, the provisions of the Federal Law on Protection Zones apply from the date the Federal Law enters into force.

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Events from this Firm
17 Oct 2018, Seminar, Washington, DC, United States

Earn up to six hours of credits towards Virginia's October 31 MCLE compliance deadline (credit approval is pending) at this full-day program.

25 Oct 2018, Other, New York, United States

Once again, Dentons is proud to bring together insurance industry leaders, lawyers and regulators for a full-day examination of the most current issues.

 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions