Demolition of unauthorized buildings in Moscow: reasons and how is it going in 2021?

The work that is carried out to completely clear the territory of dilapidated, emergency, obsolete and unnecessary buildings is usually called dismantling or demolition. The regulatory documentation for the demolition or dismantling of an object gives the following definition of this process: demolition of buildings and structures is the liquidation of an object by its dismantling or destruction.

The method of liquidation, that is, destruction of the object, is selected and justified in the project documentation for demolition. It is designed for fast, economical and safe work. It also describes activities to prepare the area for new construction or use it for recreation and recuperation of people living nearby.

The speed of dismantling work and its safety depend on the accuracy, correctness, validity and literacy of the entire set of project documentation.

Security must be ensured:

for workers involved in the process of destruction of an emergency or outdated structure or building;
for the population living near the demolition site;
for pedestrians and vehicles moving along adjacent streets and roads;
for specialized expensive equipment and the like.

Thus, documentation for dismantling is a set of documents that are needed to organize preparations for demolition, select equipment and a method for destroying an object, to carry out work on its liquidation, and more.

Basic documentation for safe demolition of a building?

The main documentation for the safe demolition of a building includes PPR and POR. The demolition project or DPR is one of the main documents for dismantling. It belongs to the category of mandatory organizational and technical documents and has a serious technological component.

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The PPR lists and technically justifies all demolition work, from preparatory work to complete cleanup of the territory and its improvement.

The PPR also describes:

the basis for its development;
justification for choosing the demolition method;
criteria for choosing methods and methods of carrying out work;
a list of objects being demolished, for example, if a factory complex is being demolished, this will be a list of workshops and auxiliary buildings;
a list of measures to complete the operation of the facility(s) and safely decommission it;
information about approvals that have been carried out or require approvals from the relevant authorities on the use of potentially dangerous technical solutions and methods of demolition, for example, explosive;
a list of measures to ensure safety for workers, the environment and/or residents of adjacent areas;
plan or diagram of the demolition site with adjacent objects, territories, the building being dismantled, regular and temporary utility networks and structures;
justification of protective equipment and methods for protecting utilities and networks;
assessment of the likelihood of damage to above-ground and underground infrastructure networks during building demolition;
areas dangerous due to the collapse or scattering of debris, dust, gases, etc.;
measures to preserve and/or protect green spaces;
plans and measures for partial or complete reclamation of soil cover at the site;
technological maps of the equipment dismantling sequence and demolition diagrams;
forecasts, calculations and justifications for hazardous areas obtained from the proposed dismantling methodology;
measures to prevent people from entering dangerous parts or areas of the demolition site or into the premises of the demolished object;
information about utility networks and communications remaining after demolition;
decisions on the removal or processing/disposal of scrap and materials from a demolished structure or building;
measures for the safety of citizens living in houses or workers in buildings adjacent to the demolition site, by notifying them or organizing a cordon, and, if necessary, evacuation.

The second main and important part of the project documentation for the demolition of the facility is the POR - work organization project.

The ERP is being developed in accordance with the new Town Planning Code of the Russian Federation and Law 340-FZ. It introduced a new concept - “demolition of a capital construction project” by its destruction, disassembly and/or dismantling.

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Only members of the SRO (self-regulatory organization) can carry out demolition project work.

The POR is developed for the entire complex of demolition work of a large enterprise, for example, from several workshops and for each workshop or building separately.

The ERP must take into account the risks of changing weather conditions, the degree of crowding of the demolition site, the proximity of existing production, public buildings or housing, busy transport routes, etc.

The ERP includes the following works:

to disconnect external utility networks from the dismantled object and plug the remaining ones;
on the installation of temporary paths for the access and movement of vehicles around the site;
fencing the danger zone with lockable transport gates and gate(s) for workers;
to protect the surrounding area and objects from dust and dirt generated on the roads;
for the delivery of bunkers (containers) for collecting construction materials and garbage;
on preparing equipment for the safety of dismantling buildings;
for the installation of scaffolding, scaffolding, personal insurance for workers and the protection of equipment, machinery and existing standard utilities;
on ensuring gas and fire safety during fire destruction methods and much more.

What is considered self-construction?

According to the law, a building or structure built on a plot of land that is not allocated in the prescribed manner, the purpose of which does not allow the construction of the facility, is considered unauthorized. Self-construction is characterized by the absence of the necessary permits from the competent authorities; during its construction, deviations from building standards were allowed.

If at least one of the listed characteristics relates to a real estate object, ownership of such an object does not appear, it cannot be disposed of, for example, sold, exchanged, or given away. It is prohibited to use an unauthorized construction; it must be brought into a condition that does not violate the requirements of current standards or demolished.

A structure is not recognized as unauthorized if, at the time of its creation, the owner of the land did not know and could not know about the existing restrictions on the use of land that prohibit construction.

Through the court, it is possible to legitimize an unauthorized building. The court may recognize the owner or other legal owner of a land plot as having ownership of the created object if its parameters at the time of application comply with building regulations, it does not violate the interests of third parties, and is not dangerous to the health and life of people. For a positive decision, it is necessary to prove in court that the plot of land belongs to the applicant with the right to construct the facility.

If the building was not built by the owner or owner of the land, and his ownership was recognized, the court may oblige him to reimburse part of the cost of the object to the person who incurred the costs.

The court or the administration of the municipality in which the facility is located has the right to make a decision on the demolition of a building erected without observing the law.

Demolition documentation that needs to be completed or obtained

In addition to the documentation for the demolition or dismantling of an object, developed within the framework of the PPR and POR, many additional documents are required to begin dismantling operations. They must be drawn up, approved, agreed upon and received from various regulatory, permitting and approval organizations. These are documents such as:

demolition permit;
traffic management scheme or road traffic management scheme;
diagram of the temporary fencing of the demolition site and the method of its installation;
construction plan approved by the traffic police;
an open order-permission from the traffic police to install a gate in the fence for exiting the demolition site onto the roadway;
acts for the demolition of green spaces - trees, bushes, etc. or for their preservation;
a felling ticket authorizing the felling of green spaces;
documents for approval of work in the water protection zone of reservoirs, etc.

This list may be supplemented or changed for different situations.

conclusions

A demolition project is a set of documents that describe the upcoming work and the requirements for its safety.
When registering a project for demolition, the method of demolition is determined, a description of all the work, features of storage and removal of materials, and an algorithm for the actions of the contractor and equipment are made.
The development of documents is carried out by specialists in architectural and construction design who are on the national register. No later than 7 days before the start of work, a demolition notice must be submitted to the local authority.

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As-built documentation for dismantling

In accordance with the regulatory document - SNiP 3.01.04-87, the executive documents for dismantling include: the original set of working drawings for construction and/or dismantling with all changes made during construction to structures and technological processes.

In other words, during construction, the project and drawings are part of the permitting documents, and upon completion of construction they, but with changes made during construction, become the executive documentation for dismantling. In this case, only the organization that designed the object, its legal successor or an authorized person (organization) has the right to make all changes to the drawings and documentation. All this also applies to dismantling documentation - POR and/or PIC.

Changes to working documentation and drawings must be drawn up in accordance with GOST 21.101-97 (clause 7) with permission to make changes, all footnotes, strikethroughs and outlines.

Executive documents for dismantling:

OSR acts (survey of hidden work) or acts of hidden work in preparation for disconnection and switching of utilities;
invoices for the removal of materials from the demolition site - crushed stone, screenings, sand for sale or to buyers, scrap metal, non-ferrous metals - aluminum and copper wires, electrical distribution boards, etc.;
acts form No. M-35 for the posting of material assets that are obtained during dismantling or manual dismantling or destruction of buildings, etc.

Brief descriptions of some documents

Form according to form No. M-35. The document documents material assets obtained during the dismantling or destruction of an object. These can be, for example, coils of copper cable, recyclable building structural elements - workshop span trusses, plumbing fixtures - washbasins, toilets, sinks, bathtubs, lamps, electrical distribution cabinets, window, balcony and door units and much more.

Documents are developed in 3 copies with the signatures of the commission - representatives from the customer and from the contractor. The 1st and 2nd copies are taken by the customer, the 3rd for the contractor. The customer attaches his first copy to the invoice for payment of work to the contractor.