Sugar land preschool: Preschool & Daycare of The Goddard School of Sugar Land

Photo: www. admin.nsp.ru

Creating a comfortable and safe living environment is one of the national goals of Russia’s development. In this regard, the problems of creating and operating social infrastructure facilities are becoming increasingly relevant. In the broadest sense, social infrastructure includes objects of education, healthcare, culture, fire and public safety, trade and a wide range of domestic services. As a rule, in the construction of housing in the first place are the issues of providing educational facilities: pre-school educational institutions (hereinafter – PEI) and schools.

These issues, each time arising in the implementation of investment and construction projects for housing construction, have been discussed for many years. For example, after a five-year experience in the implementation of a project for the integrated development of the territory, which provides for the creation of a number of social infrastructure facilities, about which we had constant discussions with representatives of local governments, I wrote an article “Construction of kindergartens and schools: legislation and practice. ” The main issue discussed in this article was the problem of who is obliged to create social infrastructure facilities. This and some other problems have not been solved to date, and the proposals made continue to be relevant today. In order not to repeat myself, I will give a link to that article, so that if you wish, you can return to what was written earlier.

Photo: www.newlife-ul.ru

in the first place are the problems of creating and operating preschool educational institutions. It should be noted the diversity of types of preschool educational institutions: among them there are public and private; located in separate buildings and in built-in and attached premises; having their own land plots and using land plots on which apartment buildings are located.

According to Part 1 of Art. 91 of the federal law “On Education in the Russian Federation” (273-FZ), educational activities are subject to licensing. The regulation on licensing educational activities, approved by Decree of the Government of the Russian Federation of September 18, 2020 No. 1490, provides for the need to obtain a license for the implementation of the main general educational program of preschool education. One of the licensing requirements for the licensee is the presence on the right of ownership or other legal basis of buildings, structures, structures, premises necessary for the implementation of educational activities under the educational program declared for licensing.

In accordance with the PEI Design Rules (SP 252.1325800.2016), the functional and planning zoning of the PEI site should include main and auxiliary sites designed to perform certain functions. At the same time, the main site of the preschool educational institution includes children’s recreational (play and sports) areas.

At present, in new buildings, there is an acute problem of operating preschool educational institutions of a built-in type, located within the boundaries of the land plot on which an apartment building (hereinafter – MKD) is built. Due to the uncertainty of the legal status of the placement of playgrounds and other areas necessary to ensure the activities of preschool educational institutions in accordance with sanitary norms and rules, conflicts arise between residents of apartment buildings (owners of common property in the MKD) and the administration of the preschool educational institution due to the use of recreational facilities located in the MKD. sites and other areas on a land plot formally owned by the apartment owners.

it is faced by a large number of preschool educational institutions in MKD, built in projects for the development of built-up areas and integrated development of territories, as well as in infill development. It is easy to predict that similar problems will also arise in projects for the integrated development of territories, on which great hopes are now placed to solve the housing problem in Russia.

Meanwhile, according to Part 12 of Art. 48 of the Town Planning Code of the Russian Federation (GRK RF), in the course of architectural and construction design, the design documentation for an apartment building includes a plan for the planning organization of a land plot, made in accordance with the information specified in the town planning plan of the land plot (hereinafter – GPZU). And if the GPZU prescribes the creation of a preschool educational institution, then the project in the MKD under construction may provide for a separate room for a preschool built-in type, and in this case, the site necessary for this preschool educational institution is necessarily allocated on the scheme of the planning organization of the land plot.

It is very important to note here that if the design documentation did not provide for this, the developer would not have received a positive expert opinion, a building permit would not have been issued to him and, accordingly, the apartment building would not have been built.

Photo: www. rosotkat.ru

equity construction that he will be able to use the land without restrictions? Of course not, since the information that the planning scheme of the land plot provides for the use of part of the land plot for the functioning of the preschool educational institution is open.

In accordance with Part 1 of Art. 3.1 of the federal law “On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation” dated December 30, 2004 (hereinafter – 214-FZ), a developer attracting funds from participants in shared construction provides free access to information by placing it in the unified housing construction information system (UIIS).

In particular, in accordance with clause 10, part 2, art. 3.1 214-FZ, the developer publishes a plan for the planning organization of the land plot, made in accordance with the information specified in the GPZU, on which, among other restrictions (zones of public easements, driveways and passages to an apartment building, etc. ), a part of the land plot will also be indicated plot intended for the use of preschool educational institutions.

Photo: www.23kvartiri.ru

whose competence includes determining the procedure and limits for the use of a land plot, when making decisions, take into account that the MKD includes the premises of a preschool educational institution, and part of this land plot is provided for by the project to ensure the functioning of this preschool institution.

There are two ways to prevent problems in new projects:

1) by dividing the land before the commissioning of a multifunctional building or MKD; this will allow the formation of a separate land plot necessary for the functioning of the preschool educational institution;

2) through special legal regulation of land and property relations for built-in preschools.

The option of dividing a land plot in such a situation may cause difficulties due to the lack of special legal norms in land and town planning legislation for the situation under consideration.

Therefore, in order to reduce social tension among residents of MKD, as well as to ensure compliance with urban planning rules and sanitary standards, a special legal regime for the placement of playgrounds, technical and other areas for the operation of preschool built-in-attached type within the boundaries of the land plot, on which an apartment building is located.

The Moscow Investors Club proposes to supplement Article 48 of the Civil Code of the Russian Federation with part 1.3 of the following content:

Photo: www.chelindustry.ru If the territory planning project or the planning organization scheme of the land plot on which the apartment building is located provides for the placement of playgrounds, technical and other areas provided for by regulatory acts for the operation of preschool educational institutions of a built-in or attached type, a decision of the general meeting of owners of residential and non-residential premises in such an apartment building on the transfer of the relevant part of the land plot for the use of the right holders of the premises in which preschool educational institutions are located. At the same time, the right holders of these premises are obliged to maintain and operate the fence and the territory intended for a preschool educational institution, within the boundaries provided for by the territory planning project or the planning organization scheme of the land plot on which the apartment building is located, without the need to formalize land and property relations.

In the event of a change in the designation of the premises provided for the placement of a preschool educational institution to a different type, the rights and obligations of the right holder in relation to playgrounds, technical and other areas provided for by regulatory enactments for the operation of preschool educational institutions of a built-in or attached type are terminated ” .

This can cause social tension in connection with the problem of providing children with places in preschool educational institutions. In order to exclude abuse of the right, it is also necessary to consider the issue of a special procedure for changing the designation of the premises provided for the placement of preschool educational institutions to a different type. As an option, it would be possible to propose an appropriate addition to the competence of the general meeting of owners of premises in the MKD.

The issue of the use of premises and land plots for built-in preschools should be addressed in the foreseeable future, if we keep in mind the need to solve the task facing the executive authorities, local governments and developers – to ensure by 2030 the possibility of annual improvement of living conditions not less than 5 million families and an increase in housing construction to a level of at least 120 million square meters. m per year.

Andrey KIRSANOV (pictured), Deputy General Director of MR Group, Chairman of the Legislation Committee of the Moscow Investors Club, Member of the Board of the Moscow Investors Association, Member of the Commission on Construction and Housing Policy of the RSPP, Ph. D.

Other publications on the topic:

Features of the integrated development agreement in relation to the part of the territory provided for by the LPP

What is lacking in business in the law on KRT

Types of integrated development of territories

On procedures in the field of construction 90 006

The grounds for the seizure of land for state needs will be supplemented by the construction of schools and kindergartens

Ural offers its own solution to the problem of building kindergartens

View the embedded image gallery online at: http://dou97.ivedu.ru/#sigProId845999c8c2

“Safe Summer” Memo for Parents

. Summer is the time when children are outdoors and can enjoy outdoor play, swimming and other active activities. However, in order for children to have a good time, it is necessary to follow rules security .

Here are some tips for parents so that their children can enjoy safe play and active activities in the summer: