The term “capital construction” (CS) implies not only the construction of new buildings / structures, but also design and survey, installation, commissioning, modernization of existing fixed assets, preparation of technical documentation.
Types of capital construction
To answer the question: “What is an object of capital construction?” - It remains to be seen what types of CS exist. Let us dwell on this in more detail.
Types of COP:
- New construction - the creation of facilities or their complex in new areas, which, after completion of work during commissioning, will be on an independent balance sheet.
- Reconstruction of existing enterprises - elimination of physical deterioration of buildings or its elements with possible restructuring of existing workshops to improve production, increase capacity and improve product quality.
- Technical re-equipment of existing enterprises is a whole range of measures aimed at modernization, automation of production in order to improve the financial activities of the organization. With this type of construction, reconstruction and / or expansion of existing production facilities is not carried out.
- Expansion of existing enterprises - creation and / or expansion of new / existing facilities, workshops at an existing institution. The objects are not put on an independent balance after documenting related to commissioning.
In other words, the result of any of the listed types of capital construction is an object.
Capital construction objects: definition
Construction is a developing industry, during which ready-made facilities for functional production / non-production purposes and infrastructure appear. What falls under the category of "capital construction projects"? The definition (the wording is spelled out in the Town Planning Code of the Russian Federation) interprets this concept as follows: residential and non-residential buildings and construction in progress (with the exception of buildings like canopies and stalls).
Types of objects of the COP
A separate building with all communications, overpasses, equipment, furniture is called the construction object.
The building is the result of construction activities, forming a system consisting of underground and / or aboveground parts, the structure of which includes premises, engineering and technical communications. The purpose of construction is accommodation, production, keeping animals or storage of products.
Construction - an engineering and construction object intended for production processes: storage of products, moving people or goods. The main difference from the building is the temporary stay of people at the facility, for example: bridges, dams, power lines, stadiums.
The term "structure" is used as a generalized name for the previous two concepts. It is also the result of construction, but is not registered in the registry of CS facilities.
Construction in progress - erected buildings suspended for a certain period of time.
Classification of capital construction objects
In the Cadastral Code The definition and types of capital construction objects are stated. These are: buildings, structures (pipelines, wells, power lines and communications, dams), buildings and construction in progress.
According to the Government Decision No. 87, which approved the composition of the project documentation, according to the functional value, it is customary to distinguish 3 types of CS objects:
- for production processes;
- non-productive purposes;
- linear.
Industrial facilities include industrial buildings and structures, as well as security and defense facilities. Buildings of housing, communal, cultural, social purpose and capital nature are usually classified as non-productive.
Line features
Engineering networks, communications, pipelines, power lines and communications, roads, bridges, tunnels are linear objects of capital construction. Determining the location during the design of this category of structures is carried out by the establishment of coordinates of characteristic points by specialists in land surveying and is regulated by the Federal Law “On the State Real Estate Cadastre”.
Documents permitting the construction of linear facilities are obtained on the basis of the Town Planning and Land Codes of the Russian Federation and the law “On Roads and Road Activities”.
Construction objects that do not require permits
Permits - a package of documents that meets the requirements of the urban development plan of the land plot (GPZU) and allows the developer to start construction and reconstruction.
Urban planning plan - documentation, without which the design organization is not entitled to issue its decision on the construction and reconstruction of facilities. It is issued to the developer after his written application by the architectural department with the approval of the district administration.
According to Art. 51 GrK, the start of construction without permits is allowed if the construction of:
- a garage on a land plot owned by an individual;
- stalls, awnings and other facilities of a non-capital nature;
- auxiliary buildings;
- and also, if necessary, changes in capital structures, without affecting the supporting structures, without violating the characteristics of reliability and safety.
Distinctive features of a capital asset
To understand the difference between temporary and capital buildings, it is necessary to consider the legal and economic side of the subject of discussion.
Temporary construction - an auxiliary facility erected for the full implementation of construction and subject to dismantling after completion of work. Title documents are not issued for it.
On the technical side, a temporary building can have the same features (foundation, main walls, reinforced concrete floors) as capital construction objects. Definition of thin facets the differences lie in their different legal status. During the construction of capital facilities, their long term of operation is provided, while temporary constructions have a limited period of use, not exceeding five years.
The main signs of belonging to the capital construction object are its inextricable connection with the land and, accordingly, the need to obtain permits. But more on that later.
Objects of capital construction: problems of their classification as real estate
Until 2005, such legal constructions as “real estate objects in urban planning” and “urban development objects” were used. With some adjustments, the terminology has changed. So, since 2005, the term “capital construction project” was first introduced in Russian legislation. The concept and definition of this category appear not only in urban planning, but also in other branches of law (they also use the term in land, forestry and civil law).
The interpretation of the term ACS is reduced to a simple list of objects, without assigning them any properties and signs. But it is known that the capital structure has a connection with the land and cannot be moved or dismantled without prejudice to its purpose.
On the other hand, for comparison, it is necessary to consider the signs of real estate. In the Civil Code, in the provision of Article 130, the list of properties inherent in real estate is indicated:
- strong connection with the earth;
- obligatory state registration;
- the impossibility of moving the property without causing damage to its design; this also applies to structures, buildings and construction in progress.
The norm mentions capital construction objects, the definition of which is in the Civil Code of the Russian Federation. That is, real estate (incomplete objects, buildings and structures) are ACS, therefore, they are characterized by the same signs as for real estate.
Unauthorized construction. Can it be the object of the COP?
Unauthorized construction is an object whose construction was carried out without obtaining the necessary permits in the territory not designated for these purposes and in violation of sanitary, town-planning norms and rules.
If the court recognizes unauthorized construction as an object of capital construction, there are 2 possible ways to resolve the situation:
- Demolition of an object by a person who carried out the construction of a building not consistent with the authorities (on their own and at their own expense).
- Recognition by the court of the right of ownership to the construction of an unauthorized building. Subject to the construction of real estate in compliance with building codes, without creating a threat to the health and life of citizens.