High-Rise Construction in Densely Dwelled Cities: Requirements for Premises Insolation and Consequences of their Violation in Russian Law and Jurisprudence

Boris Gongalo,Anna Gubareva,Lubov Gudovicheva,Larisa Dobrynina,D Safarik,Y Tabunschikov,V Murgul

doi:10.1051/e3sconf/20183303069

Abstract

The issues of constructing high-rise, primarily residential, buildings have a great social significance. Not every plot of land, acquired in the Russian Federation is suitable for high-rise construction. Therefore, every construction company that plans to erect a multi-apartment building, a high-rise office building, or a skyscraper must take into account not only technical norms but as well sanitary legislation regulations that set obligatory requirements about insolation of apartments. The article includes a short study of several norms in the Russian legislation regarding insolation of dwellings; analises the problems of judicial interpretation of the statutory limitations. In this aspect it researches the debatable questions arising in practice of state arbitration courts dealing with the lawsuits on allocation of land-plots by the local administration. The analysis of the judicial practice is followed by description of the difficulties facing the developers of land-plots, concerning the project and territorial planning documentation.

Highlights

The cities differentiate between each other in many aspects, starting from their geographical position and ending with their area and population
A failure to observe of requirements to insolation of dwellings apartments can bring to confession of dwelling apartment unfit for a residence [13]
A positive opinion of the state construction expertise will not be obtained, that will lead to the refusal to issue a building permits (Articles 49, 51 of the Town Planning Code of the Russian Federation [14])

Summary

Introduction

The cities differentiate between each other in many aspects, starting from their geographical position and ending with their area and population. The cities with a high density dwelling are standing out, because their planning, architecture and height of building have to be correlated with the so-called “infill development”. The city of Ekaterinburg, situated in the Sverdlovsk region of Russia is one of them. The intensive construction in the city leads to some unavoidable issues of providing comfortable and safe living and working there. The construction of high-rise buildings is stimulated by the rocky ground underneath Ekaterinburg. High-rise buildings become, up to a point, a “visiting card” of the city and will continue to be built in the future

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