It should be noted that the death or destruction in accordance with civil law refers to the irreversible physical cessation of the existence of a thing in its original form, which makes it impossible to satisfy the initial needs of the owner. At the same time, the termination of the existence of a thing upon its death or destruction must be truly irreversible.

Unified form KS-10 - Assessment report for demolition (transfer) of buildings, structures: download sample

• the owner of the construction site to be demolished, or his representative, endowed with the appropriate list of powers;
• persons delegated by the customer (developer) of a new facility planned for construction at a given location;
• an officer representing the Bureau of Technical Inventory;
• if there is a need in the composition of the commission, the presence of other representatives of organizations interested in this event is possible.

New form of survey report 2020

1. decisions of the executive authority of the subject Russian Federation or the municipality on the recognition of the property in the manner prescribed by law dilapidated or emergency, as well as in the case of the construction of real estate closer than the established building codes and the rules of minimum distances to objects of gas supply systems, on lands highways, in roadside lanes and reserve zones in violation of the established procedure for the use of these lands, in violation of the norms of the current environmental legislation and in other cases; a document confirming the withdrawal for state or municipal needs land plot with real estate objects located on this land plot subject to demolition; a document confirming the development of the built-up area on which the property subject to demolition is located; other documents on the basis of which a decision was made to carry out the demolition (dismantling) in the event of a forced seizure of the property from the owner;
2. project documentation object capital construction(with the exception of design documentation for linear facilities) in the event of demolition or dismantling of a capital construction facility, its parts for construction, reconstruction of other capital construction facilities;
3. decisions of the owner of a building, structure, construction in progress on the demolition of a real estate object in the event of a voluntary demolition of the object;
4. documents of the executive authority of a constituent entity of the Russian Federation or a municipality confirming the fact of natural disasters or other emergencies in the event of the termination of the existence of a building, structure, object of construction in progress in connection with the death of such a real estate object or the termination of the existence of the premises in connection with the death of the building or structure in which it was located, the death of a part of the building or structure within which such premises were located, for reasons beyond the control of the owner of such a property;
5. other documents established by legislative and other regulatory legal acts Russian Federation.

Building demolition act

• the owner of a building, structure or structure, as well as plantings that are subject to demolition. Instead of the owner, the commission may include his legal representative or authorized person;
• the developer, represented by an authorized or legal representative who will directly perform construction and installation work on the construction of the facility;
• bureau of technical inventory represented by its representative;
• other persons interested in drawing up the act (if necessary).

The act of inspection of buildings and structures: when is it needed and how to draw it up

The cadastral engineer can work independently or be an employee of the company. There are many specialized firms on the market: bureaus of technical and construction expertise, cadastral bureaus, architectural, design and construction organizations etc. All of them can have cadastral engineers on their staff. By law, in order to be eligible to provide such services, at least two such specialists must be hired. At the same time, in addition to the personal responsibility of experts, the company-employer must also provide a guarantee of the quality of work. How not to make a mistake with the choice of an organization and a particular specialist, said the representative of the Moscow Cadastral Bureau:

We reflect in accounting and tax accounting the demolition of the building, the further use of which is inappropriate

When accounting for the liquidation of real estate, first of all, we need to figure out where and when we write off its residual value (of course, if the property has not been fully depreciated). In both accounting and tax accounting, there are several interesting points that need to be considered in more detail.

Building demolition act

The survey act is a document in which the cadastral engineer, as a result of examining the location of a building, structure, premises or object of construction in progress, taking into account the available cadastral information about such a property, confirms the termination of the existence of a building, structure or object of construction in progress due to the death or destruction of such of a real estate object or the termination of the existence of the premises due to the destruction or destruction of the building or structure in which it was located, the destruction or destruction of a part of the building or structure within which such premises were located.

Forum of cadastral engineers

Situation: I have a 1/2 share in the house, the land is separate, the neighbor reconstructed his part and registered it as a separate house according to the declaration. Now it's my turn to demolish the floor of the house and terminate the right to my 1/2 share. At the same time, the registry office says that the neighbor has registered the house, and 1/2 of the BTI share is still hanging (he did not formalize his 1/2), what should I do?

Demolition act sample

The inspection act is a document where the cadastral engineer gives his opinion on the termination of the existence of the inspected property, as a result of its death or destruction (fire). If it is necessary to remove the property from the cadastral register, in the event of its reconstruction, demolition, fire, the cadastral engineer forms an inspection report, where in the conclusion he describes the whole situation regarding the property.

House Demolition Act Sample

The act of inspection of the dwelling. The act of inspection of the dwelling. Astrology For Beginners How To Read The Natal Chart Author Evgenia Salikova on this page. The commission, on the basis of an application from the owner of the premises or an application from a citizen (tenant) or on the basis of the conclusion of state supervision (control) bodies on issues within their competence, assesses the compliance of the premises with the requirements established in this Regulation and recognizes the residential premises as suitable (unsuitable) for living, and also recognizes apartment house emergency and subject to demolition or reconstruction. In the case of inspection of the premises, the commission draws up an act of inspection of the premises in 3 copies according to the form below in the form of an annex. Based on the findings, the relevant federal agency executive authority, executive authority of the constituent entity of the Russian Federation, local self-government body makes a decision and issues an order indicating the further use of the premises, the timing of the resettlement of individuals and legal entities in the event that the house is recognized as emergency and subject to demolition or reconstruction, or on the recognition of the need for repair and restoration work .

Documents issued during the dismantling of the building

There is a unified form approved by the Decree of the State Statistics Committee of Russia "Act on the assessment of buildings, structures, structures and plantings to be demolished (transferred)" (form KS-10), which provides a link to the document that is the basis for the demolition of the building. Depending on the specific situation, this may be a decision at the level of the Russian Federation, local government or the owner of the building to be demolished.

How to demolish an old house on a land plot

2. In accordance with the Federal Law of July 24, 2007 N 221-FZ "On state cadastre real estate"* (hereinafter referred to as the Law) The act is a document in which the cadastral engineer, as a result of inspecting the location of a building, structure, premises or object of construction in progress, taking into account the available cadastral information about such a property, confirms the termination of the existence of a building, structure or object of construction in progress in connection with the death or destruction of such a property or the termination of the existence of the premises in connection with the death or destruction of the building or structure in which it was located, the death or destruction of a part of the building or structure within which such premises were located.

Act on the demolition of the dismantling of the building structure of the object - ipcziz ru

The act of acceptance of work on the preservation of an object of cultural heritage, an identified object of cultural heritage (Moscow Department of Cultural Heritage) standard. Write () source of documents of the act section. Petition for taking measures to ensure the execution of the court decision on the demolition of the extension building. Almaty is developing a program for the demolition of dilapidated residential buildings in the area of ​​the city. To the form on the result of the construction inspection. An approximate standard of the act and conclusion (some wording of the state of structures) for the housing and communal services fund.

Removal of the house from the cadastral register

• demolition of the house. This paragraph also includes the demolition of the building by the decision of the owner, and destruction as a result of floods, hurricanes, tornadoes and other force majeure circumstances;
• completion. Reconstruction is not included in this item. It does not imply an increase in the area of ​​the entire building, a change in the parameters of the building indicated in the cadastral passport. Only the parameters of individual rooms or rooms can be changed;
• presentation by the applicant upon registration of invalid, forged or counterfeit documents;
• connection of several buildings into a single complex. It can be a common roof, a common foundation, a stylobate, the completion of walls. Each of the buildings that make up the complex is subject to deregistration, and a new building is put up completely;
• division of a single building into separate residential or commercial buildings. In this case, the reverse process is necessary. A single building is removed from the register, and separate ones are registered;
• invalidation of temporary cadastral number upon completion of construction work. In any of the cases when the building loses the boundaries and walls indicated in the passport, it must be removed from the cadastral register.

Act on the assessment of buildings, structures, structures and plantings subject to demolition (transfer)

The act on the assessment of buildings, structures, structures and plantings to be demolished (transferred) form KS-10 is a document used to assess the amount of damage in monetary terms. Damage can be caused by the demolition or transfer of buildings and the destruction of plantations (crops, fruit and berries, and others).

In the event of the demolition of a property, ownership of it is terminated upon the destruction of the property, that is, the loss of physical properties. On this basis, the calculation of corporate property tax should be terminated. Such a conclusion is contained in . In the present case, according to tax office, the property tax of organizations should be calculated until the exclusion of information about the administrative building from state register despite its liquidation five months before the deletion of information from the register.

The Supreme Court of the Russian Federation indicated that the payment property tax from the value of real estate is one of the components of the burden of maintaining property, which lies on the owner. At the same time, the mere presence in the state cadastral registration of information about the property and its ownership by the taxpayer cannot be the basis for levying tax in the absence of taxable property.

Is it necessary to reflect in the declaration on the property tax of organizations objects that are not recognized as an object of taxation by this tax? Learn from the material "Declaration on the property tax of organizations and calculations for advance payments" in "Encyclopedias of decisions. Taxes and contributions" Internet version of the GARANT system. Get 3 days free!

The court noted that tax legislation links the obligation to calculate and pay tax on property of organizations with the presence of real estate objects that can bring economic benefits to the owner, in connection with which they are recognized as part of the taxpayer's assets - fixed assets. The Supreme Court of the Russian Federation also pointed out the need to take into account the fact that the right to a thing cannot exist separately from the thing itself. According to the right of ownership of the object is terminated, including in the event of loss or destruction of property.

Recall that earlier the Ministry of Finance of Russia expressed a similar position regarding.

Regarding your question, please refer to the Letter from the Department of Real Estate:

Letter No. D23i-1663 dated April 16, 2015
issues of removal from the state cadastral registration of a building on
based on the decision of the owner to destroy the property (demolition,
dismantling), preparation of an inspection report confirming the termination
the existence of the property
Document type:
Letter
Document date:
May 29, 2015
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The Department of Real Estate of the Ministry of Economic Development of Russia considered, within its competence, the appeal informs.
In accordance with the Regulations on the Ministry economic development
Russian Federation, approved by the Government
Russian Federation dated June 5, 2008 No. 437, Ministry of Economic Development of Russia
not empowered to clarify the legislation of the Russian
Federation, as well as the practice of its application.
At the same time, we consider it possible to note the following on the issues raised in the appeal.
Demolition and dismantling of buildings by urban planning legislation are considered as a kind of construction activity.
At the same time, the procedure for the demolition and dismantling of capital facilities
construction is regulated by the legislation of the subjects of the Russian
Federation. In this regard, it should be noted that by the decision of the Gosstroy
Russia dated November 5, 1997 No. 18-65 approved the Approximate regulation on
body of architecture and urban planning of the executive branch of the subject
Russian Federation, according to which the body of architecture and
urban planning of the executive power of the subject of the Russian Federation
prepares initial and permit documentation for demolition
(dismantling) of buildings, structures and green spaces (point 3).
Article 235 Civil Code Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation)
the grounds for termination of the right of ownership are determined, the subjects
which individuals and organizations can act, regardless of
forms of ownership (legal entities), as well as the Russian Federation,
subjects of the Russian Federation and municipalities, represented by them
authorized bodies.
In view of the foregoing, as well as the provisions of Article 209 of the Civil Code of the Russian Federation, the right
ownership can be terminated based on the decision of the owner
(owners, in the case of common property) on the destruction of property,
which, in relation to capital construction projects, is demolition,
dismantling such an object.
It should be noted that under the death or destruction in accordance with
Civil law refers to irreversible physical
the cessation of the existence of a thing in its original form, which makes
impossible to satisfy the initial needs of the owner. Wherein
the termination of the existence of a thing upon its death or destruction must be
really irreversible.
For example, if as a result of a fire, landslide, flood or other
natural disaster buildings were partially destroyed, in this case
there will be a change in the properties of the property, and not its destruction
or death. The further fate of the property will depend on
the owner of the affected property, who can decide on
object restoration real estate, its demolition, and termination
ownership rights to it.
It should be borne in mind that the demolition of capital construction projects
associated with the dismantling of building structures, their
export and subsequent disposal, carrying out earthworks,
improvement of the land plot, in addition, carrying out works on
dismantling must comply with the safety requirements for carrying out
such work in relation to life and health individuals, property
third parties located near the object being dismantled, which may
be damaged in the course of such work, environmental
security.

In this regard, the demolition of the object is carried out, as a rule, with the involvement of
specialized organizations with the conclusion of relevant agreements
(contracts with engineering services on disconnecting demolished buildings from
engineering networks, contracts for demolition, relocation, processing and
disposal of demolition waste) and the signing of acts of work performed on
agreements that confirm their performance.
In addition, the Regulations on the composition of sections of project documentation and
requirements for their content, approved by the Government
of the Russian Federation dated February 16, 2008 No. 87 (hereinafter referred to as the Regulation) demolition
(dismantling) of an object or part of a capital construction object
considered as a separate stage of construction (paragraphs 1, 8,
10 of the Regulations), in respect of which the “Project of the organization
demolition or dismantling of capital construction projects,
the composition and requirements for which are provided for in paragraph 24 of the Regulations.
Comprehensive analysis of the legislation of the constituent entities of the Russian Federation
allows us to conclude that the basis for the demolition (dismantling)
capital construction object is the order of the local authority
self-government on the demolition of such an object, which, including
the procedure and terms for the demolition of such an object are determined.
The list of documents required for approval by the local authority
self-government decisions on the demolition (dismantling) of a capital facility
construction is determined in accordance with the legislation of the subject
Russian Federation, in particular, such documents include: decision
the owner on the demolition (dismantling) of the capital construction object,
a project for the organization of work on the demolition or dismantling of such an object, a copy
contracts for the implementation of demolition (dismantling) works, as well as
waste disposal.
In view of the foregoing, the implementation of unauthorized demolition of capital construction facilities is not allowed.
According to Part 1 of Article 42 of the Federal Law of July 24, 2007 No.
221-FZ "On the State Cadastre of Real Estate" (hereinafter - the Law on
cadastre) survey act is a document in which
cadastral engineer as a result of an inspection of the location of the building,
structures, premises or construction in progress, taking into account
available cadastral information about such a property confirms
cessation of the existence of a building, structure or object in progress
construction in connection with the death or destruction of such an object
real estate or the termination of the existence of the premises due to the death
or destruction of the building or structure in which it was located,
loss or destruction of a part of a building or structure within which
such a place was located.
It should be noted that the actual demolition (dismantling) of the object
real estate is preceded by cadastral work in order to
confirmation of the termination of the existence of such immovable property.
In accordance with paragraph 3 of the Requirements for the preparation of an inspection report,
approved by the order of the Ministry of Economic Development of Russia dated December 13, 2010 No.
627 (hereinafter referred to as the Requirements), the inspection report is prepared on the basis of
information obtained as a result of inspection of the location of the object
real estate, taking into account the information of the state real estate cadastre, and
as well as other documents confirming the termination of the existence of the object
real estate. These documents are included in the appendix to the act
examinations.
According to paragraph 9 of the Requirements in the line "List of documents,
used in the preparation of the Survey Report” information is entered on
the name and details of the documents included in the annex to
examination act. The specified list of documents is open,
however, such documents should include information allowing
identify the property.
Thus, the cadastral engineer, when preparing the survey report
uses documents confirming the termination of the existence of the object
real estate, which include, for example, a copy of the order
local government on the demolition of the building, a copy closed order on the
demolition work, copies of acts of acceptance of work performed on
demolition, relocation, processing and disposal contracts
demolition waste, etc.
In accordance with part 6 of article 20 of the Cadastre Law, with applications for
removal from the state cadastral registration of buildings has the right to apply
owners of such real estate, as well as owners of land
plots on which such properties were located.
According to part 2 of article 16 of the Cadastre Law, the removal from
state cadastral registration of the property is carried out,
unless otherwise provided by the Cadastre Law, on the basis of an application for
removal from the state cadastral registration of the property and
necessary in accordance with the Law on Cadastre for the implementation of such
document accounting. In accordance with paragraphs 4, 6 of part 1 of Article 22
of the Cadastre Law necessary for removal from the state cadastre
accounting by a document confirming the termination of the existence of the object
real estate is an act of inspection with a copy of the document attached,
establishing or certifying the right of the applicant to the relevant
real estate object (in the absence of information about the registered right
applicant for such a property in the state cadastre
real estate).
At the same time, the legislation of the Russian Federation does not establish a procedure
removal from the state cadastral registration of objects that do not meet
requirements established by Article 130 of the Civil Code of the Russian
Federations, i.e. not being real estate, but included in
as such.
It should also be noted that Article 8.18 of the Law of the City of Moscow dated
November 21, 2007 No. 45 "Code of the city of Moscow on administrative
offenses" for the unauthorized demolition of buildings,
located on the territory of the city of Moscow, provided
administrative responsibility.

I ask you to indicate whether it is possible for an organization that is a tenant of a land plot to demolish an object of immovable unregistered real estate, the rights have not been established by any of the parties. Do I need to order a specialized examination?

Answer

“At the same time, we consider it possible to note the following on the issues raised in the appeal.

Demolition and dismantling of buildings by urban planning legislation are considered as a kind of construction activity.

At the same time, the procedure for the demolition and dismantling of capital construction facilities is regulated by the legislation of the constituent entities of the Russian Federation. In this regard, it should be noted that the Decree of the Gosstroy of Russia dated November 5, 1997 No. 18-65 approved the Approximate regulation on the body of architecture and urban planning of the executive power of the subject of the Russian Federation, according to which the body of architecture and urban planning of the executive power of the subject of the Russian Federation prepares the initial and permitting documentation for demolition (dismantling) of buildings, structures and green spaces (paragraph 3). Article 235 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) defines the grounds for termination of property rights, the subjects of which may be individuals and organizations, regardless of the form of ownership (legal entities) , as well as the Russian Federation, subjects of the Russian Federation and municipalities, represented by their authorized bodies.

Taking into account the foregoing, as well as the provisions of Article 209 of the Civil Code of the Russian Federation, the right of ownership may be terminated on the basis of the decision of the owner (owners, in the case of common property) to destroy the property, which, in relation to capital construction projects, is the demolition, dismantling of such an object.

It should be noted that the death or destruction in accordance with civil law refers to the irreversible physical cessation of the existence of a thing in its original form, which makes it impossible to satisfy the initial needs of the owner. At the same time, the termination of the existence of a thing upon its death or destruction must be truly irreversible.

For example, if buildings were partially destroyed as a result of a fire, landslide, flood or other natural disaster, then in this case the properties of the property will change, and not its destruction or death. The further fate of the property will depend on the owner of the affected property, who may decide to restore the property, demolish it, and terminate the ownership of it.

It should be taken into account that the demolition of capital construction facilities is associated with the dismantling of building structures, their removal and subsequent disposal, earthworks, land improvement, in addition, the dismantling work must comply with the safety requirements for such work in relation to life and health of individuals, property of third parties located near the dismantled object, which may be damaged in the course of such work, environmental safety.

In this regard, the demolition of an object is carried out, as a rule, with the involvement of specialized organizations with the conclusion of relevant agreements (contracts with engineering services on disconnecting demolished buildings from engineering networks, contractor agreements for demolition, movement, processing and disposal of demolition waste) and signing acts of completed work on agreements that confirm their performance.

In addition, the Regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 (hereinafter referred to as the Regulation), the demolition (dismantling) of an object or part of a capital construction object is considered as a separate stage of construction ( paragraphs 1, 8, 10 of the Regulations), in respect of which the "Project for the organization of work on the demolition or dismantling of capital construction facilities" is being carried out, the composition and requirements for which are provided for in paragraph 24 of the Regulations.

A comprehensive analysis of the legislation of the constituent entities of the Russian Federation allows us to conclude that the basis for the demolition (dismantling) of a capital construction object is the order of the local government on the demolition of such an object, which, among other things, determines the procedure and timing for the demolition of such an object.

The list of documents required for the approval by the local government of the decision on the demolition (dismantling) of the capital construction object is determined in accordance with the legislation of the constituent entity of the Russian Federation, in particular, such documents include: the decision of the owner on the demolition (dismantling) of the capital construction object, the project for organizing demolition work or dismantling of such an object, copies of contracts for demolition (dismantling), as well as waste disposal.

In view of the foregoing, unauthorized demolition of capital construction facilities is not allowed.

It should also be noted that Article 8.18 of the Law of the City of Moscow dated November 21, 2007 No. 45 "The Code of the City of Moscow on Administrative Offenses" provides for administrative liability for the unauthorized demolition of buildings located on the territory of the city of Moscow*.

It is believed that the demolition of buildings is a necessary, important and sometimes quite costly part of almost any construction process. Issues related to construction activities in Russia are regulated by the Civil Code of the Russian Federation, the Civil Code of the Russian Federation, the Federal Law of November 17, 1995 N 169-FZ "On Architectural Activities in the Russian Federation", as well as other regulatory legal acts, including acts adopted on regional and local levels in accordance with federal legislation.

According to the current legislation, construction and reconstruction in the Russian Federation is carried out on the basis of a building permit. A building permit is a document confirming the compliance of project documentation with the requirements of the town-planning plan of the land plot and giving the developer the right to carry out construction, reconstruction of capital construction facilities, as well as their overhaul, with the exception of cases provided for by law (Article 51 of the Civil Code of the Russian Federation). This document is a legal basis for construction and some other types of construction activities. Construction without a proper permit may have Negative consequences- first of all, the construction can be recognized as unauthorized (it will be discussed later about unauthorized construction and its consequences).

A building permit is issued by local authorities (with the exception of certain cases established by the Civil Code of the Russian Federation) at the location of the land plot. For the purpose of construction, reconstruction, repair of a capital construction facility, the developer applies to the authorized bodies with an application for a construction permit. To this application, the developer, in addition to such documents as title documents for the land plot, town planning plan of the site, positive conclusions of the state and state environmental expertise, also attaches the materials contained in the project documentation, among which the project for the organization of work on the demolition or dismantling of capital construction projects is required , their parts. - demolition country houses and dachas.

In addition, the Civil Code of the Russian Federation fixed the possibility of issuing permits for certain stages of construction, reconstruction. The construction phase is usually understood as a wide range of works, including those related to the demolition of buildings and structures on the site intended for the construction of a new facility.

Based on the Civil Code of the Russian Federation in the constituent entities of the Russian Federation and municipalities, various regulatory legal acts were developed and approved that determine the procedure for preparing documents for issuing permits for the demolition or dismantling of capital construction facilities on the territory of the respective municipalities. Despite the wide variety of such acts, after their systematization, it is possible to single out defining points regarding the basic rules for issuing demolition permits.

Thus, a separate stage of construction is the demolition or dismantling of capital construction projects for:

• release of land for new construction;
• liquidation of objects that have lost their technological necessity or have fallen into disrepair;
• elimination of engineering networks and communications.

As a rule, the preparation and issuance of permits for the demolition or dismantling of objects is entrusted to the relevant department of the local administration (for example, the department of architecture and urban planning, the department of architecture and urban economy, etc.).

Preparation of documents for issuing a permit is carried out on the basis of an application from the owner of the facility, which is submitted to the head of administration. In this case, the applicant must provide the following documents:

• title documents for the land;
• title documents for the demolished or dismantled object;
• protocols of the commission (determined by the owner) during the demolition or dismantling of objects that have lost their technological necessity or have fallen into disrepair; - demolition of country houses and dachas
• a project for the organization of demolition or dismantling works, indicating the fencing of storage areas, etc.

In some cases, any additional documents may be required, for example, the conclusion of the relevant department (or committee) of the administration on changing or maintaining the status of the land plot or its parameters. The administration notifies the applicant of the results of consideration of the accepted documents, as a rule, within thirty days. The completion of the demolition or dismantling is confirmed by the documents of the technical inventory service and the act of examining the results of the demolition or dismantling of the object, drawn up by the owner of the object (signed by representatives of the fire supervision, engineering services, chief architect, etc.). In addition, such acts briefly indicate the demolition of objects in individual housing construction sites.

Demolition of houses and outbuildings on plots of individual development is carried out by the owner at his own discretion. The basis for registration of the demolition of such buildings are the documents of the technical inventory service.

According to Art. 48 of the Civil Code of the Russian Federation, the design documentation for capital construction facilities also includes the section "Project for the organization of work on the demolition or dismantling of capital construction facilities, their parts (if necessary, demolition or dismantling of capital construction facilities, their parts for construction, reconstruction of other capital construction facilities)" .

In pursuance of the provisions of Art. 48 of the Civil Code of the Russian Federation Decree of the Government of the Russian Federation of February 16, 2008 N 87 "On the composition of sections of project documentation and requirements for their content" approved the Regulations on the composition of sections of project documentation and requirements for their content. According to this Regulation, project documentation for capital construction facilities for industrial and non-industrial purposes should consist of twelve sections, the requirements for the content of which are established by the said Regulation. Section II contains a list of documents required for the preparation of project documentation for a capital construction facility, among which the following documents are also indicated: acts (decisions) of the owner of the building (structure, structure) on decommissioning and liquidation of the capital construction facility - if demolition is necessary ( dismantling); the decision of the local self-government body to recognize the residential building as emergency and subject to demolition - if necessary, the demolition of the residential building.

Section 7 of the design documentation "Project for the organization of work on the demolition or dismantling of capital construction objects" is carried out if it is necessary to demolish (dismantle) an object or part of a capital construction object. Paragraph 24 of the said Regulation defines the list of information that this section should contain. So, among the specified information, for example, the following are named:

• the basis for the development of a project for the organization of work on the demolition or dismantling of buildings, structures and structures of capital construction facilities;
• a list of buildings, structures and structures of capital construction objects subject to demolition (dismantling);
• a list of measures to decommission buildings, structures and structures of capital construction facilities;
• a list of measures to ensure the protection of liquidated buildings, structures and structures of capital construction objects from the penetration of people and animals into the danger zone and inside the facility, as well as the protection of green spaces;
• description and justification of the adopted demolition (dismantling) method, etc.

In addition, the design documentation in the graphic part must also contain:

• a plan of the land plot and adjacent territories indicating the location of the demolished object, engineering and technical support networks, collapse zones and dangerous zones during the demolition (dismantling) of the object, indicating the places of storage of dismantled materials, structures, products and equipment;
• drawings of protective devices for engineering infrastructure and underground utilities;
• technological maps-schemes of the sequence of demolition (dismantling) of building structures and equipment.

It should be noted that in accordance with Decree of the Government of the Russian Federation of March 5, 2007 N 145 "On the procedure for organizing and conducting state examination of project documentation and results engineering surveys"the absence in the project documentation of the sections provided for by Article 48 of the Civil Code of the Russian Federation, or the inconsistency of the sections of the project documentation with the requirements for the content of the sections of the project documentation, are grounds for refusing to accept the project documentation and (or) the results of engineering surveys submitted for state expertise.

Project documentation is approved by the developer or customer. If the project documentation is subject to mandatory state examination, it is approved by the developer or customer only if there is a positive conclusion of the examination (Article 48 of the Civil Code of the Russian Federation). - demolition of country houses and summer cottages

In order to make it easier in the future to consider the relationship of persons, one way or another connected with the problems of the demolition of buildings, it is first necessary to get acquainted with the main participants in the construction process.

According to the legislation regulating investment activity in the Russian Federation, subjects investment activity are:

• investors;
• customers;
• contractors;
• users of capital investment objects;
• other persons (Federal Law of February 25, 1999 N 39-FZ "On investment activity in the Russian Federation, carried out in the form of capital investments").

Often in practice, one organization combines the functions of several participants in the construction process: an investor, a customer (developer) or a contractor. Relations between the subjects of investment activities are carried out, as a rule, on the basis of agreements (or government contracts) concluded in accordance with the legislation of the Russian Federation.

Investors make capital investments in the territory of the Russian Federation using their own and (or) borrowed funds in accordance with the legislation of the Russian Federation. They can be individuals and legal entities created on the basis of a joint activity agreement and not having the status of a legal entity, associations of legal entities, state bodies, local governments, as well as foreign entities. entrepreneurial activity(foreign investors).

Placement of orders for contractors construction works for state needs at the expense of funds federal budget and funds from the budgets of the constituent entities of the Russian Federation in the implementation of investment projects is carried out by state customers through tenders in accordance with the legislation of the Russian Federation. Local self-government bodies provide the necessary conditions for the development, approval and financing of investment projects implemented by municipalities at the expense of local budgets placed on a competitive basis. The costs of financing investment activities carried out in the form of capital investments by local governments are provided for by local budgets.

As for the customer, the following should be noted. In various regulations (and, accordingly, in the literature), the terms "customer", "developer" or "customer-developer" are used.

The customer-developer directly implements investment project, provides the construction process. An investor usually attracts some specialized organization as a customer-developer, as a rule, for a long time and successfully working in this segment of the economy, having specialists with the necessary knowledge, skills, and qualifications on staff.

Customers-developers who are not at the same time investors are vested with the rights of ownership, use and disposal capital investments for the period and within the limits of authority, which are determined by the contract for capital construction or government contract. The customer bears the responsibility established by the current legislation and (or) the contract to the investor for intended use his funds.

During the preparation of construction, the customer performs many functions, including the necessary actions for the development of the territory and the allocation of a land plot. In this case, the customer:

• draws up documents for cutting down and replanting trees, fruit and berry plantations, demolition of buildings, clearing the territory from objects that interfere with construction; - demolition of country houses and summer cottages
• conducts negotiations with the owners of buildings, structures, structures and agricultural land on the issue of demolition of objects;
• ensures the resettlement of citizens from houses subject to demolition;
• calculates the residual value of demolished buildings, structures, structures or receives a certificate of the residual value of demolished buildings from their owners;
• reimburse citizens and legal entities the cost of the withdrawn buildings provided for by the current legislation of the Russian Federation, land plots, plantings, etc. - demolition of country houses and cottages

The customer determines the costs for the preparation and development of the construction area.

Other costs include:

• payment of compensation for demolished buildings and horticultural plantings;
• payment for land upon withdrawal (purchase) of a land plot for construction, as well as for payment land tax(or rent) during the construction period;
• payment of compensation for agricultural work performed on the confiscated land plot (sowing, etc.).

To determine the amount of material damage in connection with the demolition (transfer) of buildings, structures, structures and the destruction or damage to plantings, a certain act is drawn up. This act (form N KS-10, approved by the Decree of the Russian Statistical Agency of November 11, 1999 N 100 "On approval unified forms primary accounting documentation on the accounting of works in capital construction and repair and construction works") is drawn up by a commission, which should include the owner (owner) of the building, structure, structure, planting to be demolished, or his representative, a representative of the customer (developer) of the newly constructed facility, a representative bureau of technical inventory If necessary, the commission may include representatives of other interested organizations.

Let us now turn to the issue of reconstruction of buildings, structures, structures. Quite often, in practice, reconstruction is understood as the demolition of an existing property and the construction of a new object in its place. This approach is incorrect and contrary to the norms of the current legislation of the Russian Federation.

According to Art. 1 of the Civil Code of the Russian Federation, construction is understood as the creation of buildings, structures, structures (including on the site of demolished capital construction projects). The Civil Code of the Russian Federation also defines the concept of reconstruction, which refers to a change in the parameters of capital construction objects, their parts (height, number of floors, area, production capacity indicators, volume) and the quality of engineering and technical support. The analysis of these concepts, their comparison allows us to conclude that the reconstruction, that is, the change in the capital construction object, does not require the demolition of this object. Therefore, if demolition is carried out during reconstruction, then it indicates new construction, but not reconstruction in the sense given by the Civil Code of the Russian Federation. In addition, in this case, the question invariably arises of acquiring ownership of a newly built property (however, such a situation can be created intentionally, most often in the interests of the investor). By virtue of Art. 235 of the Civil Code of the Russian Federation, from the moment of demolition (destruction) of the property, the right of ownership to it is terminated. Therefore, if the investor (customer) initially drew up documentation for the reconstruction of a real estate object (with a possible resolution of issues with owners, tenants, tenants, etc.), and as a result, the object was demolished, then later at the stage of paperwork and registration of the right to erected object, an interested person (investor, customer) may have problems, which, most likely, will have to be resolved in court.

There are situations when a person, having just started reconstruction, discovers that the given object is not subject to reconstruction due to its technical condition (for example, before starting work, a complete survey of the object was not carried out, an error in calculations, etc.). The correct behavior of the person in this case will be the complete cessation of work on the reconstruction of the object. If the object also poses a danger to others, for example, it threatens to collapse, it is necessary to take measures aimed at ensuring safety (install barriers, set guards, etc.). The further fate of the object is decided by the owner or the relevant authorized body. If a decision is made to demolish, preparations will begin. required documents for a demolition permit.

Consider the issue of withdrawal of land for state or municipal needs. The legislation allows for the alienation of immovable property in connection with the withdrawal of a land plot.

current Russian legislation establishes the procedure for the withdrawal of a land plot for state or municipal needs from the owner. According to Art. 49 of the Land Code of the Russian Federation, seizure, including by way of redemption, of land plots for state and municipal needs can be carried out in the following cases:

• fulfillment of international obligations of the Russian Federation;
• placement of objects of state or municipal significance in the absence of other options for their possible placement;
• under other circumstances in accordance with federal laws, and in relation to the seizure, including by redemption, of plots from lands owned by the constituent entities of the Russian Federation or municipal property, in accordance with the laws of the constituent entities of the Russian Federation (for example, the seizure from owners, land users, landowners of land plots occupied by natural complexes and objects, declared monuments of nature).