Urban Development Regulations Research Articles

Регулирование земельно-имущественных отношений в сфере комплексного развития территорий

The integrated development of territories is recognized as a type of urban planning activity aimed at creating favorable living conditions and providing a comfortable environment for the population. The article is devoted to the consideration of the implementation of decisions on the integrated development of territories in Blagoveshchensk, the regional center of the Amur region. The paper lists the problems of urban planning and land and property relations in the field of housing construction. It has been established that when implementing investment and construction projects, the interests of the state, owners, developers and many other subjects of the construction market of the region intersect. The effectiveness of investment and construction activities depends on the quality of the interrelation of interests. Stimulating measures for the transition to the integrated development of the territory are noted. Based on the results of the study, the author formulated and made proposals for the regulation of urban development to improve land and property relations in the field of integrated territorial development. An integrated approach and methods of comparison, systematization, and observation were used in the article.

Тенденции развития федерального законодательства в сфере территориального планирования и градостроительного зонирования

The legal regulation of urban development in Russia continues to develop actively, introducing new legal mechanisms and improving existing ones, which requires scientific analysis and evaluation. This scientific study examines current trends in the development of federal legislation in terms of territorial planning and urban zoning, and provides a legal assessment of the changes taking place. Special attention is paid to the delimitation of powers and the role of federal executive authorities in regulating territorial planning and urban zoning.

Formation and development of sources of legal regulation of urban planning activities in Austria and Austria-Hungary (second half of the 18th – beginning of the 20th century)

The article analyzes the formation and development of sources of legal regulation of urban development in Austria and Austria-Hungary (second half of the 18th - beginning of the 20th century). It is noted that only 12 years after the annexation of Galicia, the Austrian government began to carefully classify settlements. The need for such a classification was determined by the need to add an index to a detailed map of the country. The division of settlements into cities/towns/villages was to be carried out by the circular offices themselves as a result of the order of the court decree dated October 28, 1784. In the new governor’s order on this matter dated December 13, 1784, it was noted at the very beginning that the circular offices, despite clear instructions governorates, qualified settlements as cities, towns and villages only on the basis of their location, size, number of inhabitants, buildings, and therefore not on the basis of proper attributes. The province also ordered that a city (Stadt) should be considered a settlement that has the privilege of being a city. When settlements did not have this privilege, they were to be considered villages (Dörfer). The classification of settlements was to be based solely on their privileges and no other considerations could be taken into account; therefore, only the historical criterion was applied, and as a result, all the privileges from Polish times were accepted in those clauses of their provisions that recognized the settlement as a city or town.
 It has been established that the legal regulation of town planning activities in Austria in the XVIII–XIX centuries. was based mainly on legislative acts of various nature. The general rules of construction were determined by the Civil Code of 1811, the Law on City Rights, the Laws on Construction of 1829 and 1868, separate construction statutes for Galician cities/towns, adopted in the second half of the 19th century. Materials from the Josephine and Franciscan metrics, descriptions of localities and indicating the status of settlements, building regulations established for individual cities/towns of Galicia as part of the Habsburg monarchy play an important role in the study of the subject. The sources of legal regulation of town planning activities in Austria and Austria-Hungary (second half of the 18th - beginning of the 20th century) were the laws and regulations adopted at the level of central and local governments (magistrates, provincial boards). The list of such sources is wide - from the Civil Code to local specialized construction laws. The authorities also adopted provisions on the protection of cultural heritage and architectural monuments. The innovations introduced by the Austrian government were aimed at streamlining construction activities.

Simulated Validation and Prediction of Land Use under Multiple Scenarios in Daxing District, Beijing, China, Based on GeoSOS-FLUS Model

Land-use changes in urban fringe areas are dramatic, and modelling and predicting land-use changes under different scenarios can provide a basis for urban development regulation and control. As an important part of Beijing’s urban fringe, Daxing District is representative of its land-use changes. Taking the Daxing District of Beijing as an example, this study selected two periods of land-use data in 2008 and 2018 and predicted land-use changes in 2028 and 2038 using the GeoSOS-FLUS model (geographical simulation and optimisation system–future land-use simulation) and Markov chain model, based on the simulation and validation of land use in Daxing District from 2008 to 2018. Meanwhile, three types of scenario simulations were carried out. The results in the future predictions show that: (1) under the natural development scenario, the area of construction land and grassland gradually increased, and the area of cultivated land, woodland and water bodies gradually decreased; (2) under the cultivated land protection scenario, the area of cultivated land remained largely unchanged, the area of grassland decreased before increasing, the expansion of construction land was curbed, and the area of woodland and water bodies increased slowly; and (3) under the ecological control scenario, the area of cultivated land, grassland, woodland and water bodies showed slowly increasing trends, with a small amount of cultivated land being converted to construction land. These results indicate that the setting of cultivated land protection and ecological control can limit the expansion of construction land to a certain extent. This study can provide a basis for the regulation of urban development in the Daxing District in the future.

Особенности регулирования градостроительной деятельности в федеральной территории «Сириус»

The article deals with the legislatively fixed features of the regulation of urban development in the new public-law formation in the Russian Federation — the federal territory “Sirius”. The method used in fixing these features does not meet the goals of creating the federal territory “Sirius” and will not allow to realize the powers of the public authorities of the federal territory, since it violates causality in the system of regulatory regulation and does not imply a legal shift in the balance of interests.

Model for Assessing Strategies for the Implementation of an Investment and Construction Project for the Construction of an Apartment Building by a Developer in Terms of Project Financing

The need for improvement of the current mechanism of project financing for the construction of residential real estate arises from the analysis of the theory and practice of financing of the primary housing market. The use of the systemic approach has allowed the author to develop an improved mechanism of project financing, which comprises the principles of project financing, tools, forms of its regulation and methods of implementation of project financing. For efficient operation of the improved mechanism of project financing for the construction of residential real estate, a number of strategies have been proposed for the implementation of an investment and construction project, differing in design solutions, implementation period, marketing policy, rates of filling escrow accounts. The author proposes a scheme for a developer to choose project designs, which is based on the rules for land use and development and urban development regulations. A model for assessing the strategy for the implementation of an investment and construction project in project financing, taking into account the cost of a land plot, interest on a loan, selected design solutions, as well as the return on capital investments, was developed. In order to make a decision on the implementation of one or another investment and construction project for the construction of an apartment building, developers are invited to assess the options for design solutions and draw a conclusion about the most effective one according to the proposed model. The model can be used to assess the influence of the cost of a land plot in the structure of costs when the developer has a model project. It helps take into consideration project designs, the cost of the land plot according to the location of the designed facility, profitability of the expected capital investment and interest on the loan using escrow accounts.

САМОЧИННЕ (САМОВІЛЬНЕ) БУДІВНИЦТВО: ОКРЕМІ ПРОБЛЕМИ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ В АСПЕКТІ РЕГУЛЯТОРНОГО ЗАКОНОДАВСТВА УКРАЇНИ ТА НОРМАТИВНИХ СКЛАДІВ КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ

The article examines some problems of criminal liability for unauthorized construction in terms of regulatory legislation of Ukraine, actual situations and regulations of criminal offenses. The issue of comparing the normative composition of criminal offenses with the regulatory and protective (administrative) law of Ukraine (primarily legislation in the field of urban planning) is highlighted. It is concluded that the filling of the specific legal content of unauthorized (spontaneous) construction should not be limited to its definition only for construction work without obtaining the right to such construction work in accordance with the Law of Ukraine "On Regulation of Urban Development" (in the so-called narrow sense). Actions of the objective side of the relevant legal corpus delicti can hardly be considered justified and outside the criminal law regulation will contain a significant amount of real factual situations, which in the degree of public danger is the same or even greater severity and will fully meet the criteria of criminal offenses (Art. 11 of the Criminal Code), and accordingly, is to be recognized as a criminal offense. It is also investigated that the formation of a specific legal content of unauthorized construction as a criminal offense can not be reduced to the provisions of the laws of Ukraine (in particular, the CC), and guided only by formal indicators (e.g. presence or absence of a document entitling to construction work) – "filling" with such content may be carried out by by-laws governing the possibility of acquiring the right to perform construction work outside the generally established procedure

Construction project as a tool for forming a comfortable and accessible environment: risks and threats

This article raises the problem of the ambiguity of the use of design documentation for reuse, the superficial attitude of architects to the need for deep processing of documents. When adapting a project to building conditions, important aspects such as insolation, prevailing winds, annual rainfall and temperature conditions, innovative resource-saving and construction technologies are omitted. Unfortunately, many investors, customers and contractors neglect these provisions, and the regulatory and legal framework is not enough to achieve the goals of creating a comfortable and accessible environment. Often, projects that were previously recognized as cost-effective do not correspond to modern realities. The article sets out the basic principles for implementing socially-oriented projects for the construction of a public building, summarizes and systematizes a set of regulatory legal regulation of urban development, formulates the primary tasks of adapting the project to the conditions, substantiates the importance of a creative approach to project development. The authors of the article, using the reuse project as an example, raise the problem of “moral aging” of design decisions and the superficial attitude of architects to the adaptation part. The author’s project of the scientific and educational center is focused on a new reading of the technical and technological parameters that meet the requirements of modern society.

Problems of transferring penitentiary facilities in the context of sustainable urban development

The article examines the impact of the location of penitentiary institutions in the historical center of urbanized cities on the sustainable development of the urban environment. The purpose of the research is to analyze the foreign practice of solving the problem in relation to the peculiarities of the Russian legislation, the current norms and rules of the urban development regulations for the development of the territory. The result of this study should be recognized as a generalization of international experience in the field of transferring prison facilities outside of urban development with the re-profiling of penitentiary institutions to meet the needs of urban infrastructure, which allows minimizing the costs of the organization-project Builder, as well as reducing the labor costs of representatives of legislative and Executive authorities when involving departmental lands in economic and commercial turnover. The authors emphasized the importance of applying an integrated approach to solving the raised problem from the point of view of assessing all the risks and possibilities of applying foreign experience in domestic practice. The importance of involvement in the active circulation of problem areas has been proved, which allows you to create a comfortable urban environment that meets the concept of sustainable development of the city in urban planning, economic, social and cultural terms.

Law-Making Process in the Russian Empire: Urban Planning Policy and Legislation

The paper presents the evolution of law-making process in the Russian Empire through the prism of urban planning legal regulation. It covers the period of uncodified and codified legislation with the period up to the appearance of the Digest of Laws of the Russian Empire (all its editions) and the Complete Collection of Laws of the Russian Empire (PSZRI). In these materials, the author identified about 300 historical normative acts related to the regulation of urban development from the era of Peter the Great to 1825 (the period systematized in the PSZRI), and a number of major codified acts of the 19th — early 20th century. The analysis of their content and form formed the basis for conclusions about the quality of law-making process in the Russian Empire.Based on the analysis of normative material covering construction, architectural legislation, legal norms in the field of organization of urban development, the author considers the characteristic features of pre-revolutionary law-making process in encouraging the creation of normative acts, conceptual techniques of legal technology, systematization characteristics. Subjects of law-making process are singled out. Normative acts are classified according to different grounds, a parallel is drawn with the modern hierarchy of normative acts, and historical features of their typology are highlighted. The author draws conclusions about the inaccurate classification of the main identified acts (charters) as codes, about the prevalence of legal idealism in the concept and policy of urban planning regulation. The source of fixing public relations in the form of a legal norm is the monarch’s will. In the research area it is based on the idea of an ideal city, the concept of which has evolved from the idea of regularity to a rational capitalist space. It was supplemented by proposals from the professional community at the end of the period.

Legal status of local governments as subjects of administrative and legal relations

This article is devoted to the study of the legal status of local governments, which act as subjects of administrative and legal relations. In the process of studying the legal status of local governments as subjects of administrative and legal relations, the author reveals the concepts, functions, powers and features of the legal status of local governments and ways to improve the local government as a whole, given the positive experience of the European Union. The article highlights legal framework which serves as a regulator of local government at the national level. In general, the main document on which local self-government is based is the Constitution of Ukraine, in which a separate section on local self-government reveals issues related to the specific application of the principles of local self-government in Ukraine. The next, no less important in the field of local government regulation in Ukraine, are special laws, namely the Law of Ukraine "On Local SelfGovernment in Ukraine" and the Law of Ukraine "On the Status of Deputies of Local Councils". The first law covers and characterizes the system in which local self-government operates in Ukraine, and the second covers the limits of the deputy's activity and its legal status. It is worth mentioning a number of regulations governing certain areas of local government. These include: the Law of Ukraine "About Access to Public Information"; Law of Ukraine "About the open use of public funds"; Law of Ukraine "About Regulation of Urban Development"; Law of Ukraine "About Principles of State Regulatory Policy in the Sphere of Economic Activity"; Law of Ukraine "About improvement of settlements"; Budget Code of Ukraine. According to the study, an analysis of the current state of local self-government in Ukraine was conducted. In particular, some problematic issues related to the sphere of activity of local selfgovernment bodies, which need to be resolved immediately, have been identified. Based on the study of the legal status of local governments and analysis of interaction problems between public authorities and local governments in the European Union, the author proposed ways to further improve the interaction of local governments and local governments of Ukraine.

APPLICABLE NORMATIVE DOCUMENTS WHICH REGULATE CONSTRUCTION WORK AT THE PRESENT STAGE

One of the tasks of construction and technical expertise is the definition of technical Possibility of distributing a dwelling house to isolated apartments with separate exits to the land, including the possibility of turning the allocated part of the house into an isolated apartment (premises) by carrying out the necessary construction work on renonstruction, re-planning, re-equipment in accordance with the applicable normative documents. At the same time, questions arise regarding the granting of permits and the procedure for such worksand the order of their execution. The basic requirements of the legislative and normative acts in the field of construction that regulate the execution of construction works, the reconstruction, redevelopment, re-equipment and obtaining the necessary permits for the implementation of the refurbishments proposed by experts in the variants of the distribution of buildings and structures of individual developers between co-owners in accordance with the ideal shares of each and when determining the order of using the premises. Thus, in accordance with the Resolution of the Cabinet of Ministers of Ukraine of April 13, 2011 № 466 «Some questions of the implementation of preparatory and construction works», to the provisions of the Law of Ukraine «On Architectural Activities», the Law of Ukraine «On Regulation of Urban Development» (Article 34), the Law of Ukraine № 1817-19 of June 10, 2017 «On Amendments to Certain Legislative Acts of Ukraine Concerning the Improvement of Urban Development Activities» to perform the conversion is possible after the submission by the customer of a notice on the commencement of the execution of civil works State Architecture no-construction inspection or territorial authority at the location of the construction. The provisions of the legislative acts concerning obtaining permits during the conversion of individual dwelling houses, which must be carried out at their distribution for the implementation of the proposed distribution verses, are indicated in the article. They can be used by experts in conducting appraisals on the distribution of residential buildings, which are possible only with the necessary adjustments.

Changing narrative of Dutch urban development regulation in the era of entrepreneurial governance

Changing narrative of Dutch urban development regulation in the era of entrepreneurial governance

Elaboração do plano de mobilidade urbana em Natal/RN, Brasil

Urban mobility is a social right, because it is considered a right that gives the way by which people can move around, therefore can access the city structures that materialize their necessities and responsibilities. The 1988 democratic Brazilian Constitution, establish the Brazilian Government as responsible for the urban development regulations. The promulgation of the law 12.587 of 2012, created the guidelines of the Urban Mobility National Policy, that likewise regulated the creation of the Urban Mobility Plan for the municipalities with more than 20.000 inhabitants (or those with specific requirement that also need a Master Plan). The construction of the plan allows each city to have an integrated plan that fulfils its unique needs. Nonetheless, the plan appliance has been difficult for the cities. With the aim to study a case of how this is happening, the city of Natal – Brazil, was chosen to present some difficulties found by the local public power in execute the plan, and worries related with the neglect of that. It was used a qualitative and explanatory approach. It was first previewed that the plan elaboration would endure 10 months, however the process is now in its third year, with no finalization prediction.

Outdoor thermal performance of heterogeneous urban environment: An indicator-based approach for climate-sensitive planning

The thermal profile of the urban built-up area is essential for reducing the impact of built-up areas on urban heat stress. This study quantifies the variations in the outdoor thermal profile of built forms in a heterogeneous urban area. A two-step process was adopted to quantify built form induced heat stress. The build form typologies referred to as Urban Built Form (UBFX) were clustered based on parameterised build form indices (sky view factor, built height etc.) using statistical data reduction. The heat stress of the categorised UBFs was then examined through field measurements and radiation simulation model. Variations in thermal variables were assessed using three indices - Cooling Potential (CP), Humidex (Hx) and Mean Radiant Temperature (Tmrt) that collectively define the thermal profile of each UBF. A novel Heat Stress Risk Index (HSRI) was conceptualised and computed to represent the aggregate risk of a particular UBF towards heat stress. It was found that among the UBFs, the medium-rise compact (UBF 4) show lowest rate of cooling, exposure to high Tmrt, and high discomfort levels throughout the day and therefore exhibit thermally stressed profile. High rise-open typologies (UBF1) have high Tmrt and Hx during the noon (12:00 to 14:00 h), but their high cooling potential reduces the thermal impact of its built form during the cooling hours (18:00 to 20:00 h). Three thermal indices provide varied aspects of thermal performance of UBFs and HSRI cumulatively represents the heat stress risk of the UBFs. This study is a proof of concept, that uses empirical evidence to demonstrate thermal variations in urban built forms during calm and clear weather conditions. Results indicate the significance of built form indices as a policy variable for framing climate sensitive urban development regulations that aim to achieve a thermally efficient built environment.

Neighborhoods and National Housing Policy: Toward Circumscribed, Neighborhood-Sensitive Reforms

This article provides a holistic analysis of why and how federal assisted housing policy (specifically, public housing, Low-Income Housing Tax Credit [LIHTC], and voucher programs) should be reformed in ways that would be more conducive to socially desirable outcomes at the neighborhood level. First, I argue that past research has documented mutually causal interrelationships between assisted housing policy and neighborhoods that have been couched as having negative connotations for both. Second, I argue that there is there a rationale on grounds of both efficiency and equity for altering assisted housing policy so it would encourage the creation and preservation of neighborhoods that are physically of good quality and economically diverse. Third, I advocate a circumspect menu of programmatic reforms that would be gradualist, option enhancing, and relatively budget neutral, yet would garner these positive impacts. As overarching reforms, I propose regional housing institution-building, fair housing law revisions, impaction standards, and diversity incentives built into Affirmatively Furthering Fair Housing. As reforms to site-based assistance programs, I propose: a new formula for disbursing LIHTC, to repeal and replace the Qualified Census Tract bonus, diversification/preservation incentives for existing assisted private developments, and preserving assisted housing in revitalizing neighborhoods. As reforms to tenant-based assistance programs, I propose: Small Area Fair Market Rents, premove and postmove mobility counseling, ancillary family supports postmove, reducing barriers to lease-up, and diversification incentives in U.S. Department of Housing and Urban Development regulations.

Community engagement and pollution mitigation at Kandy Lake, Sri Lanka

Abstract Kandy City is a UNESCO world heritage site. Being the second largest city in Sri Lanka and host to the annual Esala Perahara festival, it has a floating population two to three times its 120,000 permanent residents. Among the city's key landmarks is Kandy Lake, a culturally, environmentally, and economically significant ornamental lake. Nevertheless, inadequate urban development regulation has resulted in serious pollution of the lake. An integrated remedial measure was needed to improve the urban lake's water quality sustainably, for the Kandy community and their cultural heritage. A project was initiated by the University of Peradeniya (UOP), Sri Lanka, and the Nanyang Environment and Water Research Institute (NEWRI), Singapore. It started with modelling of Kandy Lake and community surveys, demonstrated implementation of wastewater management technologies (floating wetlands and an aerobic sequencing batch reactor (SBR)), and initiated community outreach with schools. The project also involved local authorities and government agencies in Kandy, and provided an informal cooperation platform. After project handover on July 10, 2014, further developments were observed in Kandy, including implementation of sewerage and centralised wastewater treatment, rehabilitation of Kandy Lake and the Mid-Canal, and integration of Kandy Lake into the city's development plan and regulations.

Drivers and Spatial extent of Urban Development in Flood-prone Areas in Metropolitan Lagos

Urban development in flood-prone areas has created many environmental challenges in many cities in Nigeria. This survey-based study examined the drivers and spatial extent of development in floodplains in metropolitan Lagos. A total of 1,031 (7.2%) buildings out of 14,273 were systematically selected along 211 streets out of 1,403 prone to flood, and a structured questionnaire was administered to heads of households to determine the factors influencing development in floodplains. A Thematic Mapper of 1990, Enhanced Thematic Mapper of 2000 and the Google Earth Landsat of 2014 were also analysed in ILWIS 3.3 Academic and Arc-GIs 10.2 to determine the extent of development in floodplains. The study revealed, in order of significance, closeness to place of work, nearness to market, closeness to children’s schools, low rent, low income, and family affinity as factors that influenced the development in floodplains in the Lagos metropolis. Ineffective control of development and inadequate compliance with planning and building regulations were additional factors. Urban development in flood-prone areas in Lagos increased from 9.3 km2 in 1990 to 10.50 km2 in 2000 and 17.80 km2 in 2014. The study recommends that floodplains should be acquired and effectively protected to prevent any form of physical development; they should serve as natural sink for storm water and urban green for passive recreation. Urban development regulations should be strictly enforced by the relevant government agencies, such as the Lagos State Building Control Agency in the Ministry of Physical Planning and Urban Development.

SCIENTIFIC APPROACHES TO THE DEVELOPMENT OF PLANNING DOCUMENTATION FOR THE UNITED TERRITORIAL COMMUNITIES

The land and town planning legislation concerning the planning of land use development within the united territorial communities (UTC) is considered. It is found that legislative norms need to be finalized. The necessity of updating the existing land management documentation developed prior to the adoption of the Law of Ukraine "On Land Management" and changes in the structure of urban development in connection with the adoption of the Law of Ukraine "On Regulation of Urban Development" was proved as they do not ensure the integrity of the planning process within the territories of these communities through their institutional incapacity (proved by the example of the Palan Unified Territorial Community of the Uman district of the Cherkasy region). The priority of land management and urban planning documents as the most influential tools in planning the development of land use systems in UTC is scientifically grounded and their interdependence established.

Análisis jurídico de la participación en plusvalía en la ciudad de Bogotá D. C.: 2004-2016

La participación en plusvalía es un gravamen que se genera por la expedición de normas urbanísticas que modifican la utilización del suelo, bien sea cambiando su uso u otorgando un mayor aprovechamiento en edificabilidad. A partir del año 2004, la ciudad de Bogotá inició la reglamentación para implementar el tributo. El objetivo de esta investigación es analizar las etapas del procedimiento para el cobro de la participación en plusvalía adelantadas por la administración, a través de los pronunciamientos judiciales ejecutoriados, no susceptibles de recursos, dentro del periodo comprendido entre 2004 a 2016, en los cuales actuó como parte demandada. La metodología empleada fue el análisis de normatividad y doctrina para efectos de comprender la operatividad del procedimiento. Posteriormente se seleccionaron expedientes en el sistema de información web de la rama judicial y la consulta y revisión de sentencias se realizó directamente en los despachos judiciales. El análisis jurisprudencial permite observar que la Ley 388 de 1997 se presta para diversas interpretaciones. En cuanto a los hechos generadores, la ley no aclara si el predio debe acceder al beneficio contemplado en la acción urbanística, generando actuaciones que provocaron la vulneración al principio de irretroactividad tributaria. En la etapa de exigibilidad, la administración expidió liquidaciones de aforo, procedimiento no contemplado en el artículo 81 de la Ley 388 de 1997. Adicionalmente, se utilizó el método inadecuado para calcular el efecto plusvalía y se negaron devoluciones sin fundamento. Lo anterior provocó vulneraciones al ordenamiento legal que generaron sentencias condenatorias.