Linear object. Description and characteristics of a linear capital construction object Parameters of linear objects

04.02.2024

In urban planning and land development, such a concept as linear capital construction objects is used. What is meant by this term? How does the establishment of an easement for the construction of such objects proceed?

Terminology and legislation

What is a linear object? In Russian legislation this issue remains open. Because of this, problems arise in regulating relations, both urban planning and land-property. Although there are many laws that stipulate such structures, the difficulty lies in the fact that there is no single document that would reduce all information about them to one common denominator. And provisions devoted to these structures are in the Town Planning, Land, Forestry and Water Codes.

In simple terms, a linear object is a broad definition that includes a wide variety of structures. For example, a power line, engineering and technical networks may be indicated on the plan under this name. This category includes funiculars and tunnels, bridges, roads and railways.

The basic principle by which it is customary to establish whether an object is considered linear or not is the ratio between its length and width. If the first indicator is significantly greater than the second, we can talk about this category. Such buildings are designed according to the same principle as any other permanent structures. However, there are specifics, and they depend on the type of structure. It is customary to distinguish the following types of objects according to the criterion of connection with the earth:

air;
ground;
underground.

You can also divide structures into several groups according to such criteria as their purpose. They are used for transport communication. Such structures are used in water supply and are necessary for electrification and land reclamation. Sewage and storm sewers also fall into this category.

Design and legalization of structures

The complexity in this area is also due to the fact that problems arise with legal regulation. Since the structure can be of enormous length, it is difficult, and in practice impossible, to attribute it to the same plot of land. For example, a line of electrical wires can cross the entire city: it is laid both over the sidewalk and over the roadway, and goes from area to area along houses and shops. It’s a little simpler with highways: they occupy a certain territory, so they can be registered on specific plots of land.

Of course, the design of linear objects is fraught with difficulties from a legal point of view. Although they are classified as capital structures, can such structures be considered real estate? This is only true for individual buildings. For example, communication lines and pipelines cannot be considered real estate.

Developing a technical plan for a linear facility is difficult due to the fact that it often extends not just over different areas of land: these areas can belong to different categories. It is one thing if these are land plots that are state or municipal in status, and quite another thing if they are owned by private individuals.

As an option, in this case, a legal regulation mechanism such as the establishment of an easement is used. Since this category includes buildings and structures of various types, they cannot always be tied to this scheme. In addition, the establishment of easements presupposes the consent of the owner, and this issue is not always resolved positively.

To summarize, we have to admit that the Town Planning Code does not cover the entire range of issues related to this area. Such aspects as the design of any type of structures and their construction, commissioning and registration require detailed elaboration and legislative reinforcement. According to lawyers, ideally, areas for laying communications, roads and other structures should be reserved in advance in the urban planning plan. Then there will be fewer legal problems.

LINEAR OBJECTS: PROBLEMS OF RELATIONSHIP WITH AUXILIARY OBJECTS

CHERNAYA A.A.,

applicant for the academic degree of Candidate of Legal Sciences, Southern Federal University, e-mail: mstya-choyrnaya@mailш

The article discusses the problem of defining linear objects as one of the objects of civil rights in terms of the relationship of such objects with engineering communications.

Key words: real estate; linear object; engineering Communication.

The article deals with the problem of determining linear objects as one of the objects of civil rights in comparison with service lines.

Keywords: real estate; linear object; service lines.

JEL classifier codes: K 10.

To determine the characteristics of any of the objects of civil rights, as well as to develop its clear definition, it is often necessary to distinguish it from other related and closely related legal phenomena.

The problem of linear objects is widespread in practice, but its obvious solution often does not follow from the analysis of legislation and regulations. In these cases, legal literature and analytics based on the analysis of law enforcement practice should come to the rescue. The purpose of this article is to differentiate the legal regimes of linear objects and utilities as auxiliary real estate objects within the meaning of paragraphs. 3 paragraph 17 art. 51 of the Town Planning Code of the Russian Federation (hereinafter - GRK RF).

So what is a linear object? First of all, it should be noted that “linear object” (in regulations and scientific literature the terms “linear cable structures” and “linear-extended objects” are also found) is a normative concept that is fixed and defined (albeit incompletely) in legislation. The concept of a linear object is, first of all, revealed in urban planning legislation. According to paragraph 11 of Art. 1 of the Civil Code of the Russian Federation, linear objects include “power lines, communication lines (including linear cable structures), pipelines, highways, railway lines and other similar structures.” According to paragraph 6 of Art. 7 of the Federal Law of December 21, 2004 No. 172-FZ “On the transfer of lands or land plots from one category to another” linear objects include roads, power lines, communication lines (including linear cable structures), oil pipelines, gas pipelines , other pipelines, railway lines and other similar structures. Linear objects are also mentioned in paragraph 1 of Art. 49 and paragraph 3 of Art. 70.1 of the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation). This concept of the RF Land Code includes roads, railways and other linear objects.

Following the Civil Code of the Russian Federation, as well as other federal laws, the legal concept of “linear object” is also used by secondary legal acts. Thus, in paragraph 2 of the Regulations on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 (as amended on December 7, 2010 No. 1006) (hereinafter referred to as the Regulations), a classification is carried out capital construction projects depending on their functional purpose and characteristic features. In this case, production facilities are identified, with the exception of linear facilities; non-production facilities; and linear objects (pipelines, roads and railways, power lines, etc.).

Thus, even a superficial analysis of these provisions shows that the concept of a linear object is formulated in legislation through the method of enumeration and is open in nature. The list of objects classified by law as linear objects is not exhaustive.

LINEAR OBJECTS: PROBLEMS OF RELATIONSHIP WITH OBJECTS.

for those who understand: all definitions leave room for other linear objects - these usually include bridges, tunnels, metro structures, funiculars, etc. In addition, in various regulatory legal acts, the specified list of linear objects is stated using different terms. All these circumstances indicate the absence of a developed theoretical model for the legal regulation of relations regarding linear objects and lead to problems in practice. Such a formulation of the concept of linear objects leads to difficulties in qualifying a particular object as linear and, therefore, may lead to the application of an inappropriate legal regime. Another problem in relation to linear objects, which follows from the above, is the presence of a large number of regulations governing relations regarding certain types of linear objects (for example, Federal Law of July 7, 2003 No. 126-FZ “On Communications”, Federal Law of November 8, 2007 No. 257-FZ “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”, etc.). The inconsistency of general and special legal regulation also gives rise to law enforcement errors. Therefore, it seems correct to develop a conceptual definition of a linear object, which would contain not a list of possible linear objects, but the main features of this type of civil rights object, distinguishing it from other objects, as well as the unification of the terminology used when listing individual types of linear objects.

Fundamental to determining the legal regime of linear objects is the question of classifying them as real estate objects. The current legislation does not directly call linear objects real estate objects, and therefore in judicial practice and legal literature there are various judgments on this issue. However, it seems that the issue of classifying linear objects as real estate should not raise doubts. Based on the general concept of real estate contained in Art. 130 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), it follows that the main criteria for classifying an object as real estate are a strong connection with the land and the impossibility of moving the object without disproportionate damage to its purpose. Linear objects meet the specified criteria. Moreover, linear objects are capital construction objects, and therefore, taking into account the provisions of clause 11 of Art. 1 of the Civil Code of the Russian Federation, it is also possible to logically deduce the “immovable” nature of these objects.

As for the specifics of linear objects, it follows from a comparison of the technical characteristics of individual types of linear objects and consists in their sufficient length and passage through a significant number of land plots that have different owners and legal regimes. In paragraph 1 of Art. 9 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” contains a brief definition of linear objects (structures). Being one of the types of real estate, linear objects have a number of characteristics: they can be complex or indivisible things, they have a significant extent in space and can be located on the territory of more than one registration district. At the same time, they are subject to mandatory, including technical, accounting, and transactions with them are subject to state registration. Federal Law No. 221-FZ of July 24, 2007 “On the State Real Estate Cadastre” regulates the establishment of the location of linear objects by determining the coordinates of characteristic points established by specialists in land surveying.

Thus, in its most general form, a linear object is a complex real estate object that has the characteristics of length (passing through several land plots), linearity (having a starting and ending point) and having a specific production purpose. Taking into account these specific features, the legislator established the features of the legal regime of linear facilities, including the features of the construction and reconstruction of these facilities. Section III of the Regulations establishes special requirements for design documentation for linear facilities. Construction, reconstruction or major repairs of linear objects is carried out exclusively on the basis of a construction permit (clauses 7, 11, 13 of Article 51 of the Civil Code of the Russian Federation). At the same time, there is a group of objects that have a number of similarities with linear ones, but differ from them in the issue of the need for a construction permit - these are engineering communications serving one plot of land and the buildings located on it. In accordance with paragraphs. 3 paragraph 17 art. 51 of the Civil Code of the Russian Federation, the issuance of a building permit is not required in the case of construction of buildings and structures for auxiliary use on a land plot.

According to the decision of the Federal Arbitration Court of the North Caucasus District dated April 28. 2009 No. A32-14104/2008-41/213 buildings and structures for auxiliary use should be understood as any buildings that are intended for the maintenance and operation of the main building. Judicial practice includes the following objects of auxiliary use: garages, transformer substations, loading and unloading areas, overpasses, pipelines, entrances to buildings, boiler rooms, checkpoints, greenhouses, fences, asphalt surfaces, security points, collectors, cable lines, paving. Thus, in some cases the line between “linear objects” and “objects of auxiliary use” becomes very thin (both

TERRA ECONOMICUS ^ 2011 ^ Volume 9 No. 2 Part 2

A.A. BLACK

type of objects are real estate). It seems that in this case the criteria for delimitation should be the intended purpose of the object and its relationship to the main object. An auxiliary object is characterized by its subordinate nature in relation to the main object, the objective impossibility of using it for any other economic purpose other than for servicing the main object, as well as as an independent object. To conclude about the auxiliary nature of the structure, a connection between the main and auxiliary buildings is necessary, similar in nature to the connection between the main thing and the accessory, disclosed in Art. 135 Civil Code of the Russian Federation. This criterion was developed by judicial practice. Also, when distinguishing linear objects (gas pipelines, oil pipelines, power lines, the main purpose of which is to transport energy resources over long distances) and auxiliary objects (gas distribution networks, water pipelines, collectors serving one residential building), their technical characteristics, such as throughput, should be taken into account , power, etc., which can only be determined with the help of specialists in the technical field. Thus, in practice, it is possible to distinguish a linear object from an auxiliary object, but it is quite conditional, depending on the specifics of each situation. From a theoretical point of view, the possibility of establishing different legal regimes for different types of linear objects, as well as the development of clear criteria for determining the range of objects classified as linear, needs to be comprehended.

LITERATURE

1. Bocharov M. Registration of rights to land under linear objects // EZh-Lawyer. 2005. No. 45.

2. Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended by the Federal Law dated April 21, 2011 No. 69-FZ) // Collection of Legislation of the Russian Federation (SZ RF). 01/03/2005, No. 1 (part 1). Art. 16; NW RF. 04/25/2011, No. 17. Art. 2310.

3. Civil Code of the Russian Federation. Part one dated November 30, 1994 No. 51-FZ (as amended by Federal Law dated April 6, 2011 No. 65-FZ) // SZ RF. 05.12.1994, No. 32. Art. 3301; NW RF. 04/11/2011, No. 15. Art. 2038.

4. Land Code of the Russian Federation dated October 25, 2001 No. 136-FZ (as amended by Federal Law dated April 5, 2011 No. 56-FZ) // SZ RF. 29.10.2001, No. 44. Art. 4147; NW RF. 04/11/2011, No. 15. Art. 2029.

5. Regulations on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87 (as amended on December 7, 2010 No. 1006) // SZ RF. 02/25/2008, No. 8. Art. 744; NW RF. 12/20/2010, No. 51 (3 hours). Art. 6937.

6. Resolution of the Fifteenth Arbitration Court of Appeal dated October 19, 2010 in case No. A32-45880/2009 (15AP-8569/2010).

7. Resolutions of the Fifteenth Arbitration Court of Appeal dated May 21, 2008 in case No. A32-23306/ 2007-5/65-5AZH (15AP-2633/2008), the Seventeenth Arbitration Court of Appeal dated June 24, 2010 No. 17AP-5602/ 2010-GK in case No. A60-3919/2010, FAS of the Ural District dated September 28, 2010 in case No. A60-3919/2010-C9.

8. SPS “Consultant Plus”.

9. Federal Law of December 21, 2004 No. 172-FZ “On the transfer of lands or land plots from one category to another” (as amended by the Federal Law of March 20, 2011 No. 41-FZ) // SZ RF. 12/27/2004, No. 52 (part 1). Art. 5276; NW RF. 03/28/2011, No. 13. Art. 1688.

10. Federal Law of July 7, 2003 No. 126-FZ “On Communications” (as amended by Federal Law of February 23, 2011 No. 18-FZ) // SZ RF. 07/14/2003, No. 28. Art. 2895; NW RF. 02/28/2011, No. 9. Art. 1205.

11. Federal Law dated November 8, 2007 No. 257-FZ “On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation” (as amended by Federal Law dated April 6, 2011 No. 68- Federal Law) // SZ RF. 12.11.2007, No. 46. Art. 5553; NW RF. 04/11/2011, No. 15. Art. 2041.

12. Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (as amended by Federal Law No. 41-FZ of March 20, 2011) // SZ RF. 07/28/1997, No. 30. Art. 3594; NW RF. 03/28/2011, No. 13. Art. 1688.

Federal Law No. 172-FZ of December 21, 2004 “On the transfer of lands or land plots from one category to another” means linear objects as roads, power lines, communication lines, oil, gas and other pipelines, railway lines and other similar structures . The Urban Planning Code of the Russian Federation understands such objects as engineering and technical support networks, power lines, communication lines, pipelines, highways, railway lines and others. This means that there is no single definition of linear objects in Russian legislation. Both definitions leave an open list of linear objects - they can also include bridges, tunnels, metro structures, and funiculars.

There are many classifications of linear objects. So, for example, depending on their connection with the earth, they are divided into 3 groups:

· Overhead (air);

· Ground (surface);

· Underground.

Depending on their purpose, they can be divided into:

Transport communications (railroads, roads

· roads, trolleybus lines)

· Electricity of the net;

· Sewer and storm sewers;

· Communication lines;

· Water pipelines and water pipelines;

· Pipelines;

· Gas pipelines;

· Oil pipelines;

· Water pipelines;

· Collectors;

· Canals, reclamation ditches.

Linear objects, depending on the need to register a land plot, can be divided into two groups.

The first group includes objects for which a construction permit is required in accordance with Art. 51 of the Town Planning Code of the Russian Federation, which also determines the need to register land plots within the limits approved by the territory planning documentation. These include:

· car roads;

· railway lines;

· overhead and underground power lines with voltages of 0.4 kV, 10 kV and more;

· above-ground and underground high-pressure gas pipelines with pressure over 1.2 MPa;

· elevated heating mains of high parameters with ambient temperatures above 150° C;

· above-ground slurry pipelines; above-ground (embanked) water conduits;

· channels;

· aqueducts.

The so-called area objects that are technologically connected to linear structures do not apply to linear structures. For example, tanks technologically connected to pipelines for storing and degassing condensate, earthen barns for emergency release of products, technological installations for preparing products for transport, main and intermediate pumping and loading pumping stations, tank farms, compressor and gas distribution stations, product measurement units, bulk and drainage racks, underground gas storage stations, heating points for oil, petroleum products and other similar structures; telecommunications structures created or adapted not for the placement of communication cables; electric power industry structures that are not structures of cable power transmission lines, including substations, distribution points and other similar electric power industry structures, as well as road, sea, inland waterway, rail and air transport facilities.

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Russian Academy of National Economy and Public Administration under the President of the Russian Federation (Volgograd branch)

Department of Constitutional and Administrative Law

Linear objects: concept and types

master's student Shmakova Darina Andreevna

annotation

The article discusses current issues that arise when defining the concept of “linear object” and classifying it as real estate objects. Based on the analysis of regulatory legal acts, it is concluded that it is necessary to introduce a definition of “linear object” into the Town Planning Code of the Russian Federation, which will streamline the procedures for placing linear objects on a land plot.

Keywords: types of linear objects, linear object, real estate objects, legal regime of linear objects, length of the object

Abstract

The article deals with topical issues arising from the definition of "linear object" and its assignment to the objects of real estate. Based on the analysis of legal acts concluded on the need for the Town Planning Code of the Russian Federation the definition of "linear object", which will streamline the procedure of placement of linear objects on the land.

In the current legislation, there is currently no such concept as a linear object. This concept can be revealed by using and listing various legal acts, since there is no clear and specific legal formulation of a linear object naming its types and characteristics.

For example, in the Town Planning Code of the Russian Federation and in the Federal Law “On the transfer of land or land plots from one category to another”, linear objects include power lines, communication lines, railway lines, roads, pipelines and other similar structures.

The Forestry Code of the Russian Federation also reveals the concept of linear objects through the listing of power lines, communications, roads, pipelines and other linear objects.

The same definition is contained in the order of Rosleskhoz dated June 10, 2011. No. 223 “On approval of the rules for the use of scaffolding for construction, reconstruction, and operation of linear facilities.”

A separate definition is given by the legislation of the fuel and energy complex. Linear objects mean a system of linearly extended objects of the fuel and energy complex, for example, oil pipelines, main gas pipelines, electrical networks.

Taking into account the concept of a linear object, which is contained in the Federal Law “On the transfer of land or land plots from one category to another” and in the Urban Planning Code, linear objects can also include bridges, subways, tunnels, funiculars, etc.

If we consider the Federal Law “Technical Regulations on the Safety of Buildings and Structures”, it also gives concepts that can be used when defining a linear object:

1) engineering and technical support network - a set of pipelines, communications and other structures intended for engineering and technical support of buildings and structures;

2) engineering and technical support system - one of the systems of a building or structure designed to perform the functions of water supply, sewerage, heating, ventilation, air conditioning, gas supply, electricity supply, communications;

3) structure - the result of construction, which is a volumetric, planar or linear building system, having ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and intended for performing various types of production processes, storage products, temporary stay of people, movement of people and goods. linear object urban planning land

Another definition of a linear object is contained in the Regulations on the composition of sections of project documentation and requirements for their content, where pipelines, highways, power lines, etc. are identified as linear objects.

But as can be seen from all these definitions, in fact they are not definitions - they contain enumerations of types of linear objects.

Taking into account the above, it is necessary to formulate a definition of a linear object, namely, to highlight its essential characteristics, which would clearly make it possible to separate the structure from other objects.

Thus, taking into account all the enumeration of this concept, we can conclude that linear objects are linearly extended elements of the organization of the territory. These objects can be located on a plot of land in the form of straight and curved lines, which are characterized by length, width, coordinates of the starting and ending points.

The concept of a linear object can also be defined taking into account the following characteristics:

1) Significant length of the object - the length of the object exceeds its width;

2) A linear object is a structure that is a volumetric, planar or linear construction system, including ground, above-ground or underground, consisting of load-bearing and enclosing building structures;

3) Strong connection with the ground - above-ground, above-ground and underground types of linear objects. It is this characteristic that determines the need to classify linear objects depending on their connection with the ground;

4) The purpose of linear objects is transport communications, communication lines, oil pipelines, gas pipelines, electrical networks, water pipelines, sewerage and storm drains. Taking into account the purpose of objects, linear objects can be classified depending on their design (pipelines, networks).

In addition, in various regulations, the characteristics of linear structures are indicated using different definitions.

All these circumstances indicate the lack of a developed scheme for the legal regulation of relations arising in relation to linear objects, leading to problems in determining the legal regime in practice.

All of the listed concepts of a linear object in various regulatory legal acts lead to the difficulty of classifying a particular object as a linear object, which accordingly entails the application of an inappropriate legal regime for the use of a land plot for the placement of a linear object.

When determining the legal regime of linear objects, the question arises of classifying them as real estate objects.

The legislation does not directly define linear objects as real estate objects; as a result, in judicial and legal practice there are ambiguous judgments on this issue.

Often, judicial practice in resolving disputes regarding complex objects is contradictory, because a linear object is characterized by differences in the technical characteristics of its component parts.

Thus, the courts believe that it is impossible to move a railway track, since it will be a different track with different characteristics and purpose, but it is possible to move a cable line without compromising its purpose. However, the issue of classifying linear objects as real estate objects should not be in doubt.

Taking into account the general concept of real estate in the Town Planning Code of the Russian Federation, it follows that the main criteria for classifying an object as real estate are a strong connection with the land and the impossibility of moving without disproportionate damage to its purpose. Linear objects meet these criteria, in addition, they are capital construction objects, and also taking into account the provisions of Article 1, paragraph 11 of the Town Planning Code of the Russian Federation, we can draw a conclusion about the immovable nature of linear objects.

Based on the norms of civil legislation, the criterion for classifying a thing as a real estate object is not the purpose of the object, but the physical property of the object - a strong connection with the land. At the same time, the legislation does not limit the owner in determining the purpose of real estate and its role in the technological process.

Being one of the types of real estate objects, linear objects have a number of the following characteristics:

Complex and indivisible things;

Considerable length;

Location within more than one registration district.

At the same time, all linear objects are subject to technical accounting, and transactions with them are subject to state registration.

Thus, in general terms, a linear object is a complex real estate object that has the characteristics of length and a specific production purpose.

Taking into account specific characteristics, the legislation established the peculiarities of the legal regime for the use of land plots intended for the placement of linear objects.

For example, in accordance with paragraph 2 of Art. 78 of the Land Code of the Russian Federation, the use of agricultural lands provided for the period of construction of linear facilities is carried out without transferring the lands to lands of other categories.

At the same time, for the purposes of operating linear facilities, it is necessary to transfer the land plot to industrial and other special purpose land.

To summarize, we can conclude that the main feature of a linear object is a dedicated land plot with a permitted type of use for the entire duration of the existence of this object, the owner of which must pay land tax.

In order to streamline the urban planning regulation of linear objects, their structure, commissioning, and cadastral registration, it is necessary to include a definition of a linear object in the Urban Planning Code of the Russian Federation.

After analyzing legal acts, we can give the following definition to linear objects - linear objects are a system of structures, including ground, above-ground or underground structural elements, the length of which significantly exceeds their width and which are designed to ensure the movement, movement and transfer of materials and substances in the interests of the state and local population.

Take into account the features of above-ground and underground structural elements, the placement and operation of which require constant use on the surface of the land plot within which they are located.

Further development of the legal regulation of the placement of linear objects and related land legal relations cannot do without introducing the concept of “linear object” into the legislation on urban planning activities. This introduction will avoid broad interpretation in practice and streamline the procedures for placing linear objects. Considering the large number of special laws that regulate relations related to the use of land for the placement of linear objects, this concept will also improve the level of legislation in various industries.

Bibliography

1. “Town Planning Code of the Russian Federation” dated December 29, 2004 N 190-FZ (as amended on December 30, 2015) (with amendments and additions, entered into force on January 10, 2016).

2. Federal Law of December 21, 2004 N 172-FZ (as amended on April 20, 2015) “On the transfer of lands or land plots from one category to another.”

3. “Forest Code of the Russian Federation” dated December 4, 2006 N 200-FZ (as amended on July 13, 2015, amended on December 30, 2015) (as amended and supplemented, entered into force on January 1, 2016).

4. Order of Rosleskhoz dated June 10, 2011 N 223 “On approval of the Rules for the use of forests for construction, reconstruction, and operation of linear facilities” (Registered with the Ministry of Justice of the Russian Federation on August 3, 2011 N 21533).

5. Federal Law of July 21, 2011 N 256-FZ (as amended on October 14, 2014) “On the safety of fuel and energy complex facilities.”

6. Federal Law of December 30, 2009 N 384-FZ (as amended on July 2, 2013) “Technical Regulations on the Safety of Buildings and Structures.”

7. Decree of the Government of the Russian Federation of February 16, 2008 N 87 (as amended on January 23, 2016) “On the composition of sections of project documentation and requirements for their content.”

8. Shuplevtsova Yu.I. Selected issues of using forest areas for construction, reconstruction and operation of linear facilities // Property relations in the Russian Federation. 2015. No. 2.

9. Chernaya A.A. Linear objects: problems of correlation with auxiliary objects // TerraEconomikus, 2011, volume 9 No. 2.

10. Resolution of the Federal Antimonopoly Service of the Northwestern District dated May 12, 2006. No. A56-22940/2005 // ATP “Consultant”; Resolution of the Federal Antimonopoly Service of the Northwestern District of December 3, 2002. No. A56-19925/02 // ATP “Consultant”.

11. “Land Code of the Russian Federation” dated October 25, 2001 N 136-FZ (as amended on December 30, 2015) (with amendments and additions, entered into force on January 1, 2016).

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What it is?

In simple terms, a linear object is any object whose dimensions in length will significantly exceed its width. This group of objects will include various engineering networks, pipelines, roads (both automobile and railway), as well as bridges, tunnels, subways, etc. The location of a linear object is formed by a polyline - that is, a broken curve, which can also intersect with itself.

In general terms, the principles of designing such objects do not differ significantly from the creation of other projects in construction, but they have a number of subtleties in the collection of initial data, the development and execution of documentation and its coordination with various government agencies.

Peculiarities

Such objects are often large-scale, covering significant distances, sometimes even in several regions of the country. And when it comes to large similar construction projects, their belonging to linear projects is beyond doubt. But with smaller and local work, controversial situations may arise.

For example, even the reconstruction of a section of road with installation can, if desired, be reasonably considered to be work on the construction of a linear facility. Likewise, small sections of water supply can be designed as connections to residential or public buildings. In other words, it is sometimes difficult to make a clear distinction between linear and area objects. Sometimes they are combined. For example, the pipeline itself will be a linear structure, but the substations serving it will be an area structure.

If in doubt, it is better to consult with the organization that will subsequently carry out the examination of this object. As a rule, they do not refuse to answer questions and give explanations, and this saves you from lengthy and extensive rework

Classification

A linear object will always be a structure, not a building. Intended for various types of production processes, movement of both people and goods, temporary presence of people, as well as preservation of products; has load-bearing and sometimes enclosing elements in the structure.

Relative to the surface of the earth, a linear object can be above-ground, underground or above-ground. According to their intended purpose, transport communications, collector systems (storm and sewerage), water supply and irrigation channels, communication lines, pipelines for oil products, gas, and water can be installed.

In regulatory documents, a linear object is a fairly open concept, i.e. a number of objects are listed, but scope is left for adding other structures at the discretion of developers and designers in specific situations.

Property issues

The legal registration of a linear object remains controversial and complex from the point of view of legislation - both land and urban planning. A number of such objects require full ownership of the site underneath them (for example, roads, some high-pressure pipelines, etc.), others do not exclude the use of this site for its intended purpose. So, for example, underground cables may well be under someone's land ownership. In this case, the owner of this property may have some inconvenience in use or face restrictions.

If a privately owned land plot is required for the planned linear object, a so-called land plot is established for this plot. public easement (the right to use someone else's land property within a limited framework). If an easement leads to the complete impossibility of using private territory, then its owner has the right to demand compensation payments. Moreover, they can be received both through local government bodies and on behalf of the organization or person in whose favor this easement was made.

Security zones

Linear objects have a right of way, i.e. a zone in which the construction of other structures is partially or completely prohibited, and there are other restrictions. The following is not allowed within the framework:

perform any work not related to repair, maintenance or reconstruction of such an object;
engage in agricultural activities, violate the integrity of green spaces;
construction of buildings and structures not intended to serve this facility;
install advertising structures, information boards, etc. in a manner inconsistent with the owners of the property.

Land use issues

Outside the right-of-way, limited land use conditions may be established. In other words, no object is located on the site; the territory can be used by the owner for its intended purpose, but with some prohibitions. For example, if the linear object being constructed is located in an area of possible landslides, then to prevent them it is not allowed to cut down tree plantations in a large area around it. It is also prohibited to obstruct operating organizations and access the facility for preventive repairs and emergency response.

If the construction of linear facilities requires the temporary use of private lands for work, then upon completion of construction these lands must be restored and reclaimed. During the work, these territories are leased.

Project documentation

The planning project for a linear facility is quite extensive and includes 10 sections: an explanatory note, design of the right of way, direct solutions for this facility (both technological and structural), a set of buildings and structures in the infrastructure of the facility under construction, PIC, design documentation describing the work on demolition and dismantling of the facility, papers regulating fire safety and environmental protection, estimates, as well as in special cases determined by law, other documents. All of the above documentation is subject to state examination.

Depending on the developer’s requirements, the detailed design of a linear facility may have varying degrees of detail. Its specific volume and composition are also determined by the customer. Detailed documentation may be generated both simultaneously with the design documentation and after it during implementation.