Capital construction projects: definition. Types of capital construction objects

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

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 a capital construction object?" - to find out what types of CS exist. Let's dwell on this in more detail.

Types of COP:

1. New construction - the creation of facilities or their complex on new areas, which, after completion of work during commissioning, will be on an independent balance sheet.
2. Reconstruction of existing enterprises - elimination of physical deterioration of buildings or its elements with the possible restructuring of existing workshops to improve production, increase capacity and improve product quality.
3. Technical re-equipment of existing enterprises -this is a whole range of measures aimed at modernizing, automating production in order to improve the financial performance of the organization. With this type of construction, the reconstruction and / or expansion of existing production facilities is not carried out.
4. Expansion of existing enterprises - the creation and / or increase of new / existing facilities, workshops at an existing institution. Objects are not put on an independent balance after documentation related to commissioning.

In other words, the result of any of the listed types of capital construction is an object.

Capital Construction Projects: Definition

Construction is a growing industry, in the process of which ready-made objects appear according to the functionality of industrial / non-industrial purposes and infrastructure. What falls under the category of "capital construction projects"? The definition (the wording is written in the Town Planning Code of the Russian Federation) interprets this concept as follows: residential and non-residential buildings and unfinished construction projects (the exception is buildings like canopies and kiosks).

Types of COP objects

A separate building with all communications, overpasses, equipment, furniture is called a construction site.

Building is the result of construction activities, forming a system consisting of underground and / or above-ground parts, the structure of which includes premises, engineering and technical communications. The purpose of the construction is habitation,location of production, keeping animals or storing products.

Construction - an engineering and construction facility designed for production processes: storage of products, movement of people or goods. The main difference from a 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 register of objects of the COP.

Projects under construction - structures under construction suspended for a certain period.

Classification of capital construction projects

The Cadastral Code sets out the definition and types of capital construction projects. These are: buildings, structures (pipelines, wells, power lines and communications, dams), buildings and construction projects in progress.

According to Government Decree No. 87, which approved the composition of project documentation, it is customary to distinguish 3 types of CS objects according to their functional value:

• for production processes;
• non-production purpose;
• linear.

Production facilities include industrial buildings and structures, as well as security and defense facilities. Constructions of the housing stock, communal, cultural, social purposes and capitalcharacter is usually referred to as a non-production type.

Linear objects

Engineering networks, communications, pipelines, power lines and communications, roads, bridges, tunnels are linear capital construction projects. Determination of the location in the design of this category of structures is carried out by the establishment of coordinates of characteristic points by specialists in the boundary business and is regulated by the Federal Law "On the State Real Estate Cadastre".

Obtaining documents allowing the construction of linear facilities is carried out on the basis of the Town Planning and Land Codes of the Russian Federation and the law "On highways and road activities."

Construction objects that do not require permits

Permitting documentation - a package of documents that meets the requirements of the town planning 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 en titled to issue its decision on the construction and reconstruction of facilities. 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 is to be:

• garage on land owned by an individual;
• kiosks, awnings and othernon-capital objects;
• auxiliary buildings;
• and also, if it is necessary to change capital structures, without affecting the load-bearing structures, without violating the characteristics of reliability and safety.

Distinctive features of a capital facility

To understand the difference between temporary and permanent structures, it is necessary to consider the legal and economic side of the subject matter.

Temporary building - 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.

From the technical side, a temporary building may have the same features (foundation, main walls, reinforced concrete floors) as capital construction projects. The definition of a fine line of difference lies in their different legal status. During the construction of capital facilities, their long service life is provided, while temporary buildings have a limited period of use, not exceeding five years.

The main signs of belonging to a capital construction project are its inseparable connection with the land and, accordingly, the need to obtain permits. But more on that later.

Capital construction projects: problems of their attribution to real estate

Until 2005, legal constructions such as “real estate objects in urban planning”,"objects of town-planning activity". With some adjustments, the terminology has changed. Thus, since 2005, the term “capital construction facility” has been introduced in Russian legislation for the first time. The concept and definition of this category appear not only in urban planning, but also in other branches of law (they also operate with the term in land, forestry legislation, and the civil law sphere).

The interpretation of the term OKS is reduced to a simple list of objects, without assigning them any properties and characteristics. 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 of the Russian Federation, in the provision of Art. 130, a list of properties inherent in real estate is indicated:

• strong connection with the earth;
• mandatory state registration;
• impossibility to move real estate without causing damage to its structure; this also applies to structures, buildings and construction in progress.

The norm refers to capital construction objects, the definition of which is in the Civil Code of the Russian Federation. That is, real estate objects (unfinished objects, buildings and structures) are ACS, therefore, they are characterized by the same features as for real estate.

Unauthorized construction. Can it be an object of the COP?

Unauthorized construction is an object, the construction of whichwas carried out without obtaining the necessary permits on the territory not allocated for these purposes and in violation of sanitary, urban planning norms and rules.

If the court recognizes the unauthorized construction as a capital construction object, there are 2 options for resolving the situation:

1. Demolition of an object by a person who erected a building inconsistent with the authorities (on their own and at their own expense).
2. Recognition by the court of ownership of the construction of unauthorized buildings. Subject to the construction of real estate in compliance with building codes, without endangering the he alth and life of citizens.