The Russian Federation is characterized by a lot of historical events that have taken place on its territory over the centuries. At the same time, each era has left its own cultural mark in a materialized form. Due to their special value, current legislation gives them a special status as cultural heritage sites (OCN).
Window types
The main legislative act regulating OKN is Federal Law No. 73-FZ of June 25, 2002 “On Cultural Heritage Sites (Historical and Cultural Monuments) of the Peoples of the Russian Federation”. It provides that there are three types of OKN:
- monuments - individual structures, buildings and structures with historical territories; works of monumental art; objects of science and technology, including military ones; archaeological heritage sites;
- ensembles are groups of isolated or combined monuments, structures and structures clearly localized in historically established territories;
- places of interest are creations created by man, or joint creations of man and nature.
As can be seen, these types of objects differ in their natural characteristics. At the same time, this classification also has practical consequences. Thus, urban planning regulations do not apply to monuments and ensembles. The parameters of development or reconstruction are determined for each specific case, taking into account the conclusion of the historical and cultural expertise. For places of interest, according to a special procedure, urban planning regulations are established. Consequently, when determining opportunities for the development of a territory, it is possible to rely on abstract rules that apply to the entire territory.
Window status
The OKN Act provides for several statuses that an object with historical value may have:
- objects that have the characteristics of a window,
- identified OCNs (SBNs)
- WINDOWS.
In order for an object to be recognized as having the characteristics of a registration certificate, there is no need for any administrative act of an authorized body: the object is such due to the peculiarities of its history, architecture, etc.
An object becomes a SBN from the moment it is included by the authorized body in the list of SBAs. The SBN becomes an OKN from the moment information about it is entered into the OKN register.
Each status has its own specific protection features.
It should be noted that the status of the SBN is transitional and was introduced so that nothing happens to the object itself during the period of its survey. The decision to include the SBN in the OCN register or to refuse to include it must be made within no more than one year from the date of the decision to include an object with the characteristics of a cultural heritage site in the list of SBAs.
In fact, quite often the authorized body does not take the necessary actions to include the SBN in the OKN register, which in turn creates legal uncertainty in the status of the facility.
There is quite an extensive practice when the presence of a window in the project area leads to fatal consequences, for example:
1) Reconstruction of the Stables Department. The developer's plans to renovate and adapt the OKN were canceled by the St. Petersburg City Administration, even though the developer had already been issued a construction permit.
2) Construction of the Okhta Center on Bolsheokhtinsky Avenue. Starting in the early 2000s, a major investor planned to build a 400-meter tower in the immediate vicinity of the historic center of Moscow. Petersburg, the construction site of the skyscraper itself was also located at the construction site of the skyscraper itself. The combination of these facts forced the investor to move the planned complex to the Primorsky District of St. Petersburg.
3) Rogov's house. In 2012, in order to demolish and build a new business center in its place, the investor purchased the Rogov House emergency window, and subsequently issued an order from the authorized body that refused to include the OKN in the OKN register. The investor took this refusal as a sanction to demolish the OKN, but for these actions it was necessary to coordinate its demolition. Due to a violation of the procedure for demolishing the OKN, the investor was found 500,000 rubles and was subsequently ordered to restore the destroyed facility.
Window protection mechanisms
One of the principles of urban development is to comply with the requirements for maintaining the OKN.
In current legislation, there are 3 main mechanisms for protecting OCN:
- OKN territories;
- OKN security zones, which in turn are divided into several types;
- window protection zones.
Each of the protection mechanisms has its own specific features. However, the relevant zones and territories may overlap, in which case the most strange applicable restrictions must be observed.
OKN territories
The territory of the OKN is an area directly occupied by the OKN and/or historically and functionally associated with it, which is an integral part of it.
At the same time, depending on the type of window, the mode of use of the territories in which it is located differs. To build or renovate monuments or ensembles within territories, it is necessary to rely on rules directly shrined in the OKN Act. In particular, activities within the OKN territories should not violate its subject of protection. Therefore, the OKN territorial regime creates the most severe restrictions on economic activity.
OKN security zones
In order to ensure the preservation of the OKN in its historical environment, OKN protection zones are being established on the adjacent territory. The current legislation distinguishes 3 types of zones for the protection of cultural heritage sites:
- cultural heritage site protection zone;
- development and economic activity regulation zone;
- protected natural landscape zone.
Each zone has its own subject of protection, for example, the protected natural landscape zone is the natural landscape, including river valleys, water bodies, forests and open spaces connected compositionally to cultural heritage sites.
The cultural heritage protection zone has the most strange regime of these zones.
In order to preserve protected items, each zone is required to approve separate urban planning regulations, the provisions of which may differ significantly from the basic urban planning regulations of the territorial zone. Often, these urban planning regulations are not adopted by authorized bodies, which creates legal uncertainty in the territories within the relevant protection zone.
It is important to emphasize that these zones are considered established due to the fact that the OKN is located, and information about them may not be found in the USRRE, land use and development rules, or in the urban development plan of the land plot.
In addition, one of the most difficult aspects related to OKN protection zones is that some of the zones were installed before the entry into force of the OKN Act. In order to analyze the legality of the existence of zones established before the entry into force of the OKN Act, it is necessary to conduct a separate study of the transitional provisions and legislation of the RSFSR.
OKN protection zones
In the absence of an approved OKN security zone, OKN protective zones are established by law. OKN protective zones are territories that are adjacent to monuments and ensembles included in the register and within who boundaries, in order to ensure the preservation of cultural heritage sites and composite links (panoramas), the construction capital construction projects and their reconstruction associated with changes in their parameters are prostitutes hibited. Depending on the location and type of window, the security zone can vary from 100 to 300 meters.
Due to the fact that OKN protection zones are a special replacement mechanism, quite often, authorized bodies incorrectly establish the boundaries of protective zones, which requires checking the procedure for establishing each protective zone.
Why would you need consultants?
- Analysis of the territory for the presence of OCN;
- Analysis of applicable urban planning and other restrictions related to the availability of OKN;
- Assessment of the legality of establishing security zones, protective zones, and assigning the status of OCN;
- Challenging legal acts adopted by the body authorized to protect cultural heritage sites;
- Comprehensive assessment of the risks of finding the target area in the OKN protection zones, the OCN protection zones;
- Recommendations for structuring a development project for the reconstruction of OKN or construction in OKN security zones;
- Advice on issues related to the obligations to maintain the OKN.
