term "capital construction" (COP) includes not only the construction of new buildings / facilities, but also the design and development, installation, commissioning, modernization of existing fixed assets, preparation of technical documentation.
Types of capital construction
To answer the question: "What is the object of capital construction?" - To learn what kinds of COP exist.Let us examine this in more detail.
- New construction - the creation of facilities or in new areas of the complex, which after the completion of the commissioning will consist in the balance sheet.
- reconstruction of existing enterprises - the elimination of physical deterioration of buildings or parts thereof with the possible restructuring of existing plants to improve production, increase capacity and improve product quality.
- equipment of operating enterprises - is a set of measures aimed at modernization, automation of production in order to improve the financial performance of the organization.In this type of construction is not performed renovation and / or expansion of existing production facilities.
- expansion of existing enterprises - Creation and / or an increase in new / existing facilities, shops on existing institutions.Objects do not put on its own balance after documenting associated with commissioning.
other words, the outcome of any of these types of capital construction is the object.
of capital construction projects: the definition
Construction - growing industry, in which there are ready-made objects on the functionality of the production / non-production and infrastructure.What falls under the category of "capital construction"?The definition (formulation registered in the Town Planning Code) treats this concept as follows: residential and commercial buildings and unfinished construction objects (with the exception of construction-type canopies and kiosks).
Types facilities COP
detached building with all communications, platforms, equipment, furniture called a construction project.
building - the result of construction activities, forming a system consisting of underground and / or above-ground parts, which are incorporated into the structure of space, engineering communications.The purpose of the construction - accommodation, location of production, maintenance or storage of animal products.
Construction - Civil Engineering object intended for production processes: storage products, the movement of people or goods.The main difference from the building - this is a temporary stay of people in the facility, such as bridges, dams, power lines and stadiums.
term "structure" is used as the generic name of the previous two terms.It is also a result of the construction, but not placed on the account in the registry of the COP.
Assets under construction - suspended for a certain period constructed buildings.
classification of capital construction in the cadastral
Code outlines the definition and types of capital construction.These are: buildings, structures (pipelines, wells, power and communication lines, dams), the structure and the unfinished construction objects.
According to the Government Decree number 87, which approved the composition of the project documentation for the functional significance is accepted to allocate three kinds of objects COP:
- for industrial processes;
Objects of production nature are buildings and structures for industrial use, as well as objects of security and defense.Buildings for housing, utilities, cultural and social facilities and capital expenditure can be carried to the non-productive mind.
Engineering networks, communications, pipelines, power and communication lines, roads, bridges, tunnels - a linear objects of capital construction.Locating in the design of this category of structures is carried out by a specialist in Megeve actually coordinates of characteristic points and is regulated by the Federal Law "On State Real Estate Cadastre".
Obtaining documents that allow the construction of linear objects is carried out on the basis of the Town Planning and Land Code and the Law "On the roads and road performance."
Construction objects that do not require licensing documentation
Permits - documents, meeting the requirements of the urban plan of the land plot (GPZU) and allowing the developer to the top of the building and reconstruction.
Urban Development Plan - documentation, without which the project organization is not entitled to issue its decision on the construction and renovation of facilities.Provided the developer after a written statement of his architectural department with the approval of the district administration.
According to Art.51 GrK, start construction without any permits permitted if the construction will:
- garage on land owned by a natural person;
- stalls, sheds and other non-capital facilities;
- buildings auxiliary character;
- and, if necessary, changes in capital structures, without affecting the load-bearing structures, without compromising the characteristics of reliability and safety.
major distinguishing features of object
To understand the difference between temporary and capital structures need to consider the legal and economic aspects of the subject matter.
temporary shelters - support facility being built for the full implementation of the construction and to be dismantled after use.It has not issued title documents.
Technically temporary structures can have the same symptoms (foundation, main walls, w / w floors) that the objects of capital construction.Determination fine verge difference lies in their different legal status.During the construction of capital facilities provided for their long service life, while the temporary structures have a limited period of use, not exceeding five years.
main signs of belonging to the capital construction object - it is an inseparable connection to the land and, therefore, the need to obtain permits.But more on that later.
of capital construction projects: the problem of their classification as immovable property
Until 2005, such legal constructions used as a "real estate in urban planning," "objects of urban development".With the introduction of certain adjustments terminology has changed.So, since 2005 in the Russian legislation was first introduced the term "object of capital construction."The concept and definition of this category appear not only in urban planning, but also in other areas of law (use the term in the land, forest legislation, civil sphere).
ACS interpretation of the term reduced to a simple list of objects, without assigning them any properties and attributes.But we know that the capital structure has a connection with the land and can not be moved or dismantled without compromising its purpose.
On the other hand, the comparison should be considered signs of real estate.The Civil Code, the provisions of Art.130, provides a list of the properties inherent in real estate:
- strong connection to the land;
- mandatory state registration;
- impossibility of moving the property without causing damage to its structure;This also applies to structures, buildings and construction in progress.
Normally referred to capital construction projects, the definition of which is in the GrK Russian Federation.That is real estate (unfinished objects, buildings and structures) are ACS, therefore, they are characterized by the same features as for the real estate.
Unauthorised building.Could it be the object of the COP?
Unauthorised building - an object whose construction was carried out without obtaining the necessary permits in areas not designated for such purposes and in violation of health, town planning rules and regulations.
If the court of unauthorized construction of capital construction projects 2 possible options to resolve the situation:
- demolition of the person making the erection inconsistent with the authorities buildings (their own and at their own expense).
- court recognizes the right of ownership for the construction of unauthorized buildings.Subject construction of real estate in compliance with building codes, without endangering the health and lives of citizens.