Foreign Investment Advisory Service, Project is co-financed by the a joint service of the European Union International Finance Corporation in the framework of the and the World Bank Policy Advice Programme SURVEY OF LAND AND REAL ESTATE TRANSACTIONS IN THE RUSSIAN FEDERATION REGIONAL REPORT: TOMSK OBLAST ANNEX 1 May 2006 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 CONTENT Table 1. Abridged procedure description for Procedures no.1: Leasing a land plot which is currently state or municipal property for construction with preliminary agreement on the object location, 2004 .......................................................... 3 Table 2. Abridged procedure description for procedures no.2A and 2B: Obtaining ownership rights on a land plot (2A) or Leasing a land plot (2B) for construction during tenders without preliminary agreement on the object location, 2004.................................................................................................. 9 Table 3. Abridged procedure description for procedures no.3A and 3B: Obtaining ownership rights on land plots that are currently municipal property with buildings (structures, installations) owned the company (3A) or Leasing land plots with buildings (structures, installations) owned by the company (3B), 2004 .............................................................................................................. 11 Table 4. Abridged procedure description for procedures no.4: Leasing a real estate object without the procedure of tender (including by purposive appointment), 2004 .............................................................................................................. 13 Table 5. Abridged procedure description for procedures no.5: Leasing a real estate object, which is municipal property, during tenders (auctions), 2004............ 15 Table 6. Abridged procedure description for procedures no.6: Transferring a premise (building) from the residential use to non-residential one, 2004.................... 16 Table 7. Abridged procedure description for procedures no.7: State registration of a purchase and sale transaction on real estate acquired in the secondary market (7A) and State registration of a lease agreement concluded in the secondary market for a term exceeding 1 year (7B), 2004 ........................... 19 Table 8. Abridged procedure description for procedures no.8: Transferring a land plot from one category to another, changing the designated use of a land plot, 2004 .............................................................................................................. 20 Table 9. Abridged procedure description for procedures no.9: Privatization of a real estate object (building, structure, premise), which is currently municipal property, 2004 ............................................................................................... 22 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 1. Abridged procedure description for Procedures no.1: Leasing a land plot, which is currently state or municipal property, for construction with preliminary agreement on the object location1, 2004 No Document/Procedure stages Sequence Government Level of Official time Time Official cost % of BIS authority, governm limit (as per reporte (as per reporting organization ent2 legislation d by legislation) official BIS payments (days) 1 Construction object location map (land the Department for From 2 weeks 2 From 2000 to 100 plot boundaries map) Architecture and M to 1 month 5000 rubles Urban Development 2. Application for a land plot allocation for Following item 1 the Department for M 30 days 1 Free of charge 92 construction and preliminary Architecture and agreement of the object location with Urban Development all necessary documents attached 3. Protocol of the Commission for land Following item 2 Commission for M Not specified 15 Not specified 100 relations and building (decision on the issues of land possibility of an object placement and relations and city allotment of a land plot for the object's development construction) 4. Agreed Land plot selection certificate Following item 3 the Department for M Not specified 16 Not specified n/a Architecture and Urban Development 5. Technical specifications for Land Plot Following item 4 Road Building and M Not specified 5 For fee 8 Selection Statement Transport Department of the City Administration State Traffic Safety F Directorate (STSD) Federal State Unitary F Enterprise (FSUE) "RosTekhInventariza tsia" 1This procedure is regulated by the Land Code of the Russian Federation (Articles 30, 31 and 32) and the respective normative legal acts of the Tomsk oblast administration and local authorities. In Tomsk, provision of land plots, being the state or municipal property, with a preliminary agreement on the object location (hereinafter referred to as "provision of land plots with a preliminary agreement on the object location) is regulated by the Decision of the Tomsk oblast Duma No. 704 "On Regulation "On the Procedure for Provision of Land Plots for Construction, Pre-project and Project Preparation for Construction of Real Estate Objects on the Territory of Tomsk", dated August 31, 2004. 2Federal (F),Regional (R),Municipal (M) or Private entity (P). 3 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level of Official time Time Official cost % of BIS authority, governm limit (as per reporte (as per reporting organization ent2 legislation d by legislation) official BIS payments (days) Municipal M Department for Preservation of Tomsk Historical Heritage «Historical Tomsk» District M Administration Environmental M Protection Committee of the City Administration Justice Committee of M the City Administration "TomskOblGas" Joint P Stock Company Siberian botanic M garden "TomskVodokanal" M Municipal Enterprise "TomskElektroset" P Branch of "Russian Utility Networks" Joint Stock Company Tomsk City M Telephone Network City Wire P Broadcasting Center branch of "TomskTeleCom" Joint Stock Company "TomskGorSvet" M Unitary Municipal Enterprise 4 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level of Official time Time Official cost % of BIS authority, governm limit (as per reporte (as per reporting organization ent2 legislation d by legislation) official BIS payments (days) Heating systems P "TomskEnergo" JSC State Municipal M Enterprise "TomskTeploSet" 6. Mayor's ordinance on the preliminary Following item 5 City Mayor M Not specified 19 Free of charge 8 object location and designing 7. Development Land plot boundaries Following item 6 the Department for M. Not specified 15 Not specified 100 draft plan approved by the Department Architecture and for Architecture and Urban Urban Development 8. Architectural and Planning Following item 7 Department for M 1,5 months 4 Not specified 100 Specifications issued by the Architecture and Department for Architecture and Urban Urban Development Development 9. Agreed approved building project Following item 8 Planning P Not specified 10 For fee 100 (coordinated with the municipal organization agencies and services) Organizations and authorities named in item 5 the Department for Architecture and Urban Development M 10. Developed land-surveying (land Following item 7, Specialized P On contract 28 On contract (for 25 planning) file (including obtaining the may be organization fee) performance specification, land accomplished surveying, actual lot lining etc.) simultaneously with items 8 and 9 5 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level of Official time Time Official cost % of BIS authority, governm limit (as per reporte (as per reporting organization ent2 legislation d by legislation) official BIS payments (days) 11. Agreed and approved land surveying Following item 10, Specialized P Not specified 17 Not specified 83 file (land management file) may be organization accomplished the Department for simultaneously Architecture and with items 8 and 9 Urban Development Land Resources and M Land Management Committee (now ­ Land Relations Division) of the Real Property Department M of the City Administration 12. Land Plot Cadastral Plan Following item 11, Federal State F. Up to 30 days 29 Not specified 31 may be Institution (FSI) accomplished "Cadastral Chamber" simultaneously with items 8 and 9 13. Mayor's ordinance on allotment of a Following item 12 City Mayor M 2 weeks 20 Not specified 8 land plot for construction 14. Lease Contract Following item 13 Land Resources and M Within 1 month 3 Not specified 8 Land Management Committee (now - Land Relations Division) of the Real Property Department of the City Administration 6 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level of Official time Time Official cost % of BIS authority, governm limit (as per reporte (as per reporting organization ent2 legislation d by legislation) official BIS payments (days) 15. Certificate of State Registration of Following item 14 Justice institution for R Up to 30 days 29 500 rubles for 8 Lease Contract the state registration individual of the rights to real persons; 7500 property and the rubles for legal deals therewith of entities the Tomsk Oblast (now ­ Tomsk Oblast Office of the Federal Registration Service) Approval issued by the Department for Following item 7, the Department for M Not specified 15 Not specified n/a Architecture and Urban Development may be Architecture and (Architecture) accomplished Urban Development simultaneously with item 8 B Approval issued by the Town Center of Following item 4, City Center of the F Not specified 3 Not specified 100 the State Sanitary and Epidemiological may be Department for the Supervision (SES) accomplished State Sanitary and simultaneously Epidemiological with item 5 Supervision (SES) C Approval issued by the Department of Following item 4, Department of the F Not specified 3 Not specified n/a the State Fire Service of the Ministry may be State Fire Inspection for Emergency Situations and Civil accomplished of the Ministry for Defense (the Fire Inspection) simultaneously Emergency with item 5 Situations and Civil Defense (Fire Inspection) D Approval issued by the Center for Following item 4, Center for Protection R Not specified 2 Not specified n/a protection and usage of historical and may be And Usage of architectural monuments of the Tomsk accomplished Historical and Oblast Administration (Culture) simultaneously Cultural Monuments with item 5 of the Tomsk Oblast Administration 7 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level of Official time Time Official cost % of BIS authority, governm limit (as per reporte (as per reporting organization ent2 legislation d by legislation) official BIS payments (days) E Approval issued by the Department for Following item 4, Department for Land M Not specified 2 Not specified n/a Land Relations may be Relations of the City accomplished simultaneously with item 5 F State Environmental Expertise Following item 4, Environmental M Not specified 19 Not specified 100 Committee (Approval issued by the may be Protection Administration's Committee for accomplished Committee of the Environmental Protection) simultaneously City Administration with item 5 TO For 7/21 TAL stages - not 21 steps 28 different units, more than 179 Impossible to 65 documents (as per CPD) divisions, agencies days count For 14/21 ­ not specified 8 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 2. Abridged procedure description for procedures no.2A and 2B: Obtaining ownership rights on a land plot (2A) or Leasing a land plot (2B) for construction during tenders without preliminary agreement on the object location3, 2004 No Document/Procedure Sequenc Government authority, organization Level Official time limit Time Official cost % of BIS stages e of (as per reporte (as per reporting govern legislation) d by legislation) official ment4 BIS payments (days) 1 Bid for participation in City Mayor M. Not specified n/a Not specified n/a tenders with all necessary documents and record statement attached 2 Bid admission protocol Following Real Property Department of the City M Not specified n/a Not specified n/a signed by the item 1 Administration Commission Commission for tender/auction M. Bank P 3 Protocol of the Tender Following Real Property Department of the City M 5 days n/a Not specified n/a Commission on the item 2 Administration tender results 4 Lease/Purchase Following Real Property Department of the City M 5 days n/a Not specified n/a Contract item 3 Administration Territorial Office of the Russian Federal Taxation Service in the Tomsk Oblast F 3This procedure is regulated by the Land Code of the Russian Federation (Articles 30, 30.1 (becomes effective on October 1, 2005) and 30.2), Civil Code of the Russian Federation (Articles 447 ­ 449) and the Ordinance of the RF Government dated November 11, 2002 No. 808 "On organization and holding of tenders for sale of land plots being the state or municipal property or the right for conclusion of agreements for lease of such land plots", as well as the respective normative legal acts adopted by the local self-government authorities of the Tomsk oblast on the basis of the above mentioned laws. In Tomsk, provision of land plots being the state or municipal property for construction without preliminary agreement on the object location (hereinafter referred to as ­ provision of land plots without preliminary agreement on the object location) may be regulated by ordinances of the Tomsk Mayor on putting up for tender of land plots or the right to conclude agreements for lease of land plots located within the boundaries of the "Town of Tomsk" municipality. However, it should be noted that there is still no separate normative act in Tomsk that would regulate this procedure. 4Federal (F),Regional (R),Municipal (M) or Private entity (P). 9 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure Sequenc Government authority, organization Level Official time limit Time Official cost % of BIS stages e of (as per reporte (as per reporting govern legislation) d by legislation) official ment4 BIS payments (days) 5 Title Registration Following Justice institution for the state registration of R n/a 500 rubles for n/a Certificate item 4 the rights to real property and the deals (F ­ as individual therewith of the Tomsk Oblast ( now - of May Up to 30 days persons; 7500 Tomsk Oblast Office of the Federal 2006) rubles for legal Registration Service) entities T 5 stages 6 different units, divisions, agencies For 3/5 stages - Impossible to ot 14 documents (as per not more than 40 count al CPD) days For 2/5­ not specified 10 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 3. Abridged procedure description for procedures no.3A and 3B: Obtaining ownership rights on land plots that are currently municipal property with buildings (structures, installations) owned the company (3A) or Leasing land plots with buildings (structures, installations) owned by the company (3B)5, 2004 No Document/Procedure stages Sequence Government authority, Level Official time limit Time Official cost (as % of BIS organization of (as per legislation) reported per legislation) reporting govern by BIS official ment6 (days) payments 1 Address certificate, a copy of the BTI M From 1 to 1,5 month 6 Up to 1000 rub. 100 Technical Certificate 2 Notarized copy of the Certificate of May be Declarant 1 day 9 From 500 to 17 State Registration of Title, copies accompli 1000 rub. of the Purchase Contract and shed Notary P Acceptance and Transfer simultan Certificate eously with item1 3 Land plot boundaries draft plan Followin Real Property Department of the P Not specified 18 Not specified 17 approved by the Town g items 1 City Administration Administration (along with and 2 obtaining Technical Design Assignment from the Property Department) 4 Cadastral map (plan) of a land plot May be Federal State Institution (FSI) F Not specified 12 Not specified 8 and (or) plot plan with the land plot accompli "Land Cadastral Chamber" boundaries draft plan shed simultan eously with items 1,2,3. 5This procedure is regulated by the Land Code of the Russian Federation (Article 36), Federal Laws dated December 21, 2001, No. 178-FZ «On privatization of State and Municipal Property» (Article 28) and dated October 25, 2001 No. 137-FZ «On Bringing into Force the Land Code of the Russian Federation» (Articles 2 and 3), as well as other normative legal acts adopted by regional and local authorities. In Tomsk, obtaining the rights on the land plots, being the state or municipal property with buildings, structures, constructions located on them, by the owners of these objects (hereinafter referred to as "obtaining the rights on land plots, with real property objects located on them) is regulated by Regulation "On the Procedure for Provision of Land Plots for Non-Construction Purposes to Citizens and Legal Entities", approved by the Decision of the Tomsk City Council dated May 22, 2002 No. 168, as well as in compliance with the Decision of the Tomsk City Council dated February 17, 2004 No. 577 «On Regulation «On Leasing Land Plots On the Territory of the City of Tomsk». 6Federal (F),Regional (R),Municipal (M) or Private entity (P). 11 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government authority, Level Official time limit Time Official cost (as % of BIS organization of (as per legislation) reported per legislation) reporting govern by BIS official ment6 (days) payments 5 Application with a set of Followin Real Property Department of the M Not specified 10 Not specified 0 documents g item 4 City Administration 6 Mayor's ordinance on allotment of Followin City Mayor M Not specified 30 Not specified 0 a land plot g item 5 7 Purchase/Lease Contract Followin City Mayor M From 1 week to 1 9 Not specified 0 g item 6, month may be accompli shed simultan eously with item 6 8 Certificate of State Registration of Followin Justice institution for the state R Up to 30 days 30 500 rubles for 92 Title, registration of the Lease g item 7 registration of the rights to real (F ­ as individual Contract property and the deals therewith of May persons; 7500 of the Tomsk Oblast ( now - 2006) rubles for legal Tomsk Oblast Office of the entities Federal Registration Service) To 8 stages 6 different units, divisions, For 4/8 stages - 148 days Impossible to tal 10 documents (as per CPD) agencies not more than 106 count days For 4/8­ not specified 12 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 4. Abridged procedure description for procedures no.4: Leasing a real estate object without the procedure of tender (including by purposive appointment)7, 2004 N Document/Procedure stages Sequence Government authority, Level Official time limit (as Time Official cost (as % of BIS o organization of per legislation) reporte per legislation) reporting gover d by official nment BIS payments 8 (days) 1 Documents issued by the Technical Inventory Bureau M Established by TIB 26 Established by TIB 100 Technical Inventory Bureau and (TIB) (or) organization operating the property concerning the property status (floor plan, technical passport, technical estimation, various certificates etc.) 2 Application with all necessary Following Real Property Department of M Not specified 3 Not specified 0 documents attached item 1 the City Administration 3 Order by the Director of the Following Real Property Department of M 1 month 21 Not specified 9 Property Department approving item 2 the City Administration the decision adopted by the Commission 4 Lease Contract Following Real Property Department of M Within 3 weeks 7 Not specified 100 item 3 the City Administration 5 Certificate of State Registration Following Justice institution for the state R Up to 30 days 30 500 rubles for 91 of Lease Contract item 4 registration of the rights to real (F ­ as individual persons; property and the deals of May 7500 rubles for therewith of the Tomsk Oblast 2006) legal entities ( now - Tomsk Oblast Office of the Federal Registration Service) 7The procedure is regulated by the normative legal acts of the local self-regulatory bodies of the Tomsk oblast. In Tomsk, all issues concerning obtaining municipal property on lease terms without tenders are regulated by the Decision of the Tomsk City Council dated September 24, 2005 No. 225 «On approval of the Regulation on the procedure for purposive provision of Tomsk municipal property objects on lease terms». 8Federal (F),Regional (R),Municipal (M) or Private entity (P). 13 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 N Document/Procedure stages Sequence Government authority, Level Official time limit (as Time Official cost (as % of BIS o organization of per legislation) reporte per legislation) reporting gover d by official nment BIS payments 8 (days) A Protocol of the Commission for Following Commission for issues on the M 1 month 14 Not specified 0 issues related to the usage of item 2, is use of municipal property the municipal property accomplish objects ed simultaneo usly with item 3 B Obtaining of the Technical Following TIB M Up to 1 month n/a Established by TIB n/a Certificate item 3 C Property Insurance Contract Following Insurance companies P About 7 days n/a Depends on the n/a item 4 object cost T 8 stages 5 different units, divisions, For 7/8 stages - not Not less Impossible to ot 10 documents (as per CPD) agencies more than 149 days than 45 count al For 1/8­ not specified 14 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 5. Abridged procedure description for procedures no.5: Leasing a real estate object, which is municipal property, during tenders (auctions)9, 2004 No Document/Procedure Sequence Government authority, Level of Official time limit (as Time Official cost (as % of BIS stages organization governm per legislation) reported per legislation) reporting ent10 by BIS official (days) payments 1 Bid for participation in Real Property Department of the M Not less than 25 n/a Not specified n/a tenders with all City Administration calendar days before necessary documents the date of bids and attached documents of pretenders examination 2 Protocol on the bids Following Real Property Department of the M 1 day n/a Not specified n/a registration results and item 1 City Administration determination of the auction participants 3 Auction results report Following Real Property Department of the M Not specified n/a Not specified n/a item 2 City Administration 4 Lease Contract Following Real Property Department of the M Within 3 days from n/a Not specified n/a item 3 City Administration the day of auction results report 5 Certificate of State Following Justice institution for the state R Up to 30 days n/a 500 rubles for n/a Registration item 4 registration of the rights to real (F ­ as of individual persons; property and the deals therewith of May 7500 rubles for the Tomsk Oblast ( now - Tomsk 2006) legal entities Oblast Office of the Federal Registration Service) Tot 5 stages 2 different units, divisions, For 4/5 stages - not n/a Impossible to al 12 documents (as agencies more than 59 days count per CPD) For 1/5­ not specified 9This procedure is regulated by the Civil Code of the Russian Federation (Articles 447 ­ 449) normative legal acts of the local self-government authorities of the Tomsk oblast. Civil Code of the Russian Federation provides for general regulations concerning organization and holding of tenders. In Tomsk all issues related to leasing municipal property through tenders are regulated by Decision of the Tomsk City Council, dated September 24, 2002, No. 224 "On Approval of Regulation for Organization of Sale of the Right to Sign a n Agreement for Lease of Non-Residential Municipal Property of Tomsk Though an Auction", as well as by Decision of the Tomsk City Council dated July 5, 2002 No. 197 «On Approval of the Regulation of Procedure for Leasing Non-Residential Municipal Property of Tomsk". 10Federal (F),Regional (R),Municipal (M) or Private entity (P). 15 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 6. Abridged procedure description for procedures no.6: Transferring a premise (building) from the residential use to non-residential one11, 2004 No Document/Procedure stages Sequence Government Level Official Time Official cost (as % of BIS authority, of time limit reporte per legislation) reporting organization govern (as per d by BIS official ment12 legislation) (days) payments 1 Documents issued by the Technical Technical Inventory M Established 15 Established by TIB 100 Inventory Bureau (technical passport, floor Bureau (TIB) by TIB plan, technical estimation, various certificates etc.) 2 Consent of the agency for protection of May be Agency for Protection M Not 247 Not specified 78 architectural, historical and cultural accomplished Of Monuments of specified monuments in case of transferring a simultaneously Architecture, History premise in buildings, which are monuments with item 2 and Culture of architecture, history or culture 3 Consent of the Interdepartmental May be Head of districts M Not 21 Not specified 18 Commission approved by the Heads of the accomplished specified municipal districts simultaneously with items 1 and 2 4 Approval of the development project issued Following item 3, Department of the F Not 13 Not specified 23 by the Fire Inspection may be State Fire Inspection of specified accomplished the Ministry for simultaneously Emergency Situations with items 5,6 and Civil Defense (Fire Inspection) 11In 2004, there was no single federal normative legal act that would regulate entirely the procedure for transferring premises and individual buildings from the residential use to the nonresidential one. The Housing Code of the Russian Federation (adopted in 1983), Federal Law dated December 21, 1994, No. 69-FZ «On Fire Prevention», Federal Law dated March 30, 1999,. No. 52-FZ «On Sanitary and Epidemiological Security of Population» regulated only individual aspects of this procedure. The procedure is regulated by normative legal acts adopted by self-regulatory authorities of the Tomsk oblast. In Tomsk, the procedure is regulated by Decision of the Tomsk City Council dated September 21, 2001, No. 51 «On Changing the Status of Residential and Nonresidential Buildings of the Territory of the City if Tomsk». Starting from March 1, 2005, the procedure for transferring residential buildings to the nonresidential use is regulated by Articles 22 ­ 24 of the new Housing Code of the Russian Federation and Ordinance of the Government of the Russian Federation, dated April 28, 2005, No. 266 "On Approval of the Form of Application for Replanning and (or) Replanning of A Residential Premise and Form of the Document Evidencing Adoption of a Decision on Approval of Replanning and (or) Replanning of A Residential Premise". 12Federal (F),Regional (R),Municipal (M) or Private entity (P). 16 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level Official Time Official cost (as % of BIS authority, of time limit reporte per legislation) reporting organization govern (as per d by BIS official ment12 legislation) (days) payments 5 Approval of the development project issued Following item 3, City Center of the F Not 31 Not specified 85 by SES (Sanitary and Epidemiological may be Department for the specified Service) accomplished State Sanitary and simultaneously Epidemiological with items 4 and Supervision (SES) 6 6 Approvals of the development project Following item 3, Commissions of the M Not 120 Not specified 0 issued by the commissions of the districts' may be Districts' specified administrations accomplished Administrations simultaneously with items 4 and 5 7 Mayor's ordinance on transferring a Following items City Mayor M Not 26 Not specified 0 residential property to the non-residential 4,5,6 specified use 9 Other documents: A Approval of the development project Following item 3., Technical services M Not 22 Not specified 91 issued by technical services of the may be specified town accomplished simultaneously with items 4,5,6 B Final statement by the state Following item 3., State Environmental F Not 95 Not specified 77 Environmental Expertise may be Expertise specified accomplished simultaneously with items 4,5,6 C Statement by the State Housing Following item 3, State Housing F Not 40 Not specified 9 Inspection of the Tomsk Oblast may be Inspection of the specified accomplished Tomsk Oblast simultaneously with items 4,5,6 D Statement by the State Traffic Safety Following item 3., State Traffic Safety F Not n/a Not specified 0 Inspectorate may be Directorate (STSD) specified accomplished simultaneously with items 4,5,6 17 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government Level Official Time Official cost (as % of BIS authority, of time limit reporte per legislation) reporting organization govern (as per d by BIS official ment12 legislation) (days) payments E Statement by the Society of the Following item 3., Society of the Disabled Nongov Not 4 Not specified 0 Disabled Persons may be Persons ernmen specified accomplished tal simultaneously organiz with items 4,5,6 ation F Extract from the Development Project Following item 3., Declarant Not 5 Not specified 17 concerning reconstruction work with all may be specified necessary documents attached accomplished simultaneously with items 4,5,6 G Extract from the Architectural and Following items 1 Architecture and Urban M Not 5 Not specified 20 Planning Concept issued by the and 2 Development specified Department for Architecture and Department of the City Urban Development Administration Total 14 stages 13 different units, Impossible 353 Impossible to 17 documents (as per CPD) divisions, agencies to count days count 18 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 7. Abridged procedure description for procedures no.7: State registration of a purchase and sale transaction on real estate acquired in the secondary market (7A) and State registration of a lease agreement concluded in the secondary market for a term exceeding 1 year (7B)13, 2004 No Document/Procedure Sequence Government authority, organization Level Official Time Official cost (as per % of BIS stages of time limit reported by legislation) reporting govern (as per BIS (days) official ment14 legislation) payments 1 Land Plot Cadastral Plan Federal State Institution (FSI) "Land F From 2 to 3 30 For fee 100 Cadastral Chamber" months 2 A real estate plan with Following Federal State Unitary Enterprise F From 3 days 31 3 days ­ 750 rubles, 94 cadastral number indicated item 1, (FSUE) "RosTekhInventarizatsia" to 1 month 1 month ­ 479 (floor plan, explication ­ for may be rubles. premises) accomplis hed simultane ously with item 1 3 Certificate of State Following Justice institution for the state R Up to 30 32 500 rubles for 88 Registration item 1 and registration of the rights to real property (F ­ as days individual persons; 2. and the deals therewith of the Tomsk of May 7500 rubles for legal Oblast ( now - Tomsk Oblast Office of 2006) entities the Federal Registration Service) To- 3 stages 3 different units, divisions, agencies Not more 70 days Not less than 979 tal 6 documents (as per CPD) (not including private entity) than 150 rubles for individual days persons; 7979 rubles for legal entities 13This procedure is regulated by the Federal Law dated July 21, 1997, No. 122-FZ «On State Registration of Rights on Real Property and Deals Therewith" and by the ordinance of the Governor of the Tomsk oblast, dated March 22, 2004, "On Charge for State Registration of Rights on Real Property and Deals Therewith and Provision of Information Concerning Registration of Rights on Real Property and Deals Therewith", which fixes the charge rates for the state registration. As of January 1, 2005, the charge rate for the state registration is regulated by Article 333.33 of the Part 2 of the Tax Code of the Russian Federation 14Federal (F),Regional (R),Municipal (M) or Private entity (P). 19 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 8. Abridged procedure description for procedures no.8: Transferring a land plot from one category to another, changing the designated use of a land plot15, 2004 No Document/Procedure stages Sequence Government authority, Level Official time limit (as Time Official cost % of BIS organization of per legislation) reported by (as per reporting govern BIS (days) legislation) official ment16 payments 1. Extract from the State Land Federal State Institution (FSI) F Not specified 30 Not specified 100 Register with details related to "Land Cadastral Chamber" a land plot 2. Extract from Unified State May be Justice institution for the state R From 5 to 30 days 30 Not specified 100 Register of Real Property accomplished registration of the rights to real (F ­ as Rights and Transactions simultaneousl property and the deals of May concerning the rights to the y with items therewith of the Tomsk Oblast 2006) land plot 1,3,4 ( now - Tomsk Oblast Office of the Federal Registration Service) 3. Statement of the State May be Main Environment Protection F From 3 months 30 Not specified 0 Environmental Expert Review accomplished Directorate of the Russian Agency simultaneousl Natural Resources Ministry for y with items the Tomsk Oblast 1,2,4 Environmental Protection Committee of the City Administration 15The complex legal regulation of relations arising due to transfers of land from one category to another was established just in the end of 2004 with the adoption of the Federal Law No. 172- "On Transferring Land or Land Plots from one Category to another", dated December 21, 2004, which came into effect on January 5, 2005. Heretofore, single regulations related to transferring land from one category to another were contained just in the Land Code of the Russian Federation (Article 63), in the Federal Law No. 174- "On State Environmental Expertise", dated November 23, 1995, in Resolution by the Government of the Russian Federation No. 455 "On Approving the Provision on Transferring Forest Land to Non-forest One for Purposes Having no Relation to Forestry Activities or the Use of Forest Fund", dated September 3, 2004, in Resolution by the Government of the Russian Federation No.647 "On Calculation and Recovery of Losses of Forestry under Transfer of Forest Land to Non- forest One for Purposes Having no Relation to Forestry Activities and the Use of Forest Fund, and under Transfer of Land of Forest Fund to Land of Different (Other) Categories"", dated November 17, 2004. Thereat, the order was established only with regard to forest land on the federal level; as far as this land is concerned, the procedure was accomplished in accordance with the draft order by the Federal Forestry Agency, approved on February 4, 2005 (Order No.13). With regard to different categories of land, the procedure for their transfer to other categories was not available in 2004. 16Federal (F),Regional (R),Municipal (M) or Private entity (P). 20 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 No Document/Procedure stages Sequence Government authority, Level Official time limit (as Time Official cost % of BIS organization of per legislation) reported by (as per reporting govern BIS (days) legislation) official ment16 payments 4. Resolution on compensation May be Applicant P On the contract 12 On the 0 for damage and losses in accomplished contract agricultural industry and (or) in simultaneousl Specialized organization forest husbandry y with items 1,2,3 Application for transferring of Applicant M Not specified 30 Not specified 0 land held in federal ownership Real Property Department of Application for transferring of Following the City Administration* land held in ownership of the items 1,2,3,4 5 entities of the Russian (*Now ­ Rf Government or Federation Tomsk Oblast Administration, Application for transferring of see Federal Law of 21 Dec land held in municipal 2004 No. 172-FZ "On ownership Transferring a Land Plot from One Category to Another") 6 Certificate of transferring of 1) RF Government F Not specified 30 Not specified 0 land or land plots (transferring federal lands) 2) Tomsk oblast Administration R Not specified Not specified (transferring regional lands) 3) City Administration M Not specified Not specified Following (transferring municipal lands) item 5 7 State Land Register Following Federal State Institution (FSI) F Not specified 30 Not specified 100 documents (Cadastral map item 6 "Land Cadastral Chamber" (plan) of a land plot etc.) 8 Documents of the Unified Following Justice institution for the state R Up to 30 days 30 500 rubles 100 State Register of Real item 7 registration of the rights to real (F ­ as for individual Property Rights and property and the deals of May persons; Transactions therewith of the Tomsk Oblast 2006) 7500 rubles ( now - Tomsk Oblast Office of for legal the Federal Registration entities Service) TOT 8 steps 7 different units, divisions, For 2/8 stages - not n/a Impossible AL 9 documents (as per CPD) agencies more than 60 days to count For 6/8­ not specified 21 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 Table 9. Abridged procedure description for procedures no.9: Privatization of a real estate object (building, structure, premise), which is currently municipal property17, 2004 N Document/Procedure stages Sequen Government authority, Level Official time limit (as Time Official cost (as per % of BIS o ce organization of per legislation) reporte legislation) reporting govern d by official ment18 BIS payment (days) s 1st METHOD. Sale of municipal property at an auction 1 Bid for participation in auction Real Property Department of M Not specified19 5 Free 100 with all necessary documents the City Administration and record statement attached 2. Protocol of recognition of Followin Real Property Department of M 1 day 9 Free 0 applicants as participant in an g item 1 the City Administration auction 3. Auction results report Followin Real Property Department of M Within 5 days since item 15 Free 100 g item 2 the City Administration 2 4. Purchase Contract Followin Real Property Department of M 5 days 3 Free 100 g item 3 the City Administration 5. Act of acceptance and Followin Real Property Department of M Within 30 days since the n/a Free n/a transferring of property g item 4 the City Administration moment of the full payment 6 Certificate of State Followin Justice institution for the state R Up to 30 days 30 500 rubles for individual 100 Registration g item 5 registration of the rights to real persons; 7500 rubles for property and the deals legal entities therewith of the Tomsk Oblast To 6 stages 2 different units, divisions, For 5/6 stages - not n/a 500 rubles for individual tal 20 documents (as per CPD) agencies more than 71 days persons; 7500 rubles for For 1/6­ not specified legal entities 17This procedure is regulated by Federal Law dated December 21, 2001, No. 178-FZ «On privatization of State and Municipal Property», ordinances of the Government of the Russian Federation, dated August 12, 2002, No. 584 «On Approval of the Regulation On Holding a Tender for Sale of Municipal and State Property, dated August 12, 2002, No. 585 «On Approval of the Regulation On Organization of Sale of Municipal and State Property Through Actions and Regulation On Organization of Sale of Shares of Open Joint Stock Companies Being the State or Municipal Property Though a Specialized Auction», dated July 22, 2002, No. 549 «On Approval of the Regulation On Organization of Sale of Municipal and State Property By Public Offering and Without Making a Price», as well as other normative legal acts adopted by the local self-government authorities of the Tomsk oblast in compliance with the said laws (not mandatory). In Tomsk, this procedure is realized in compliance with the federal legislation. The property objects to be privatized in 2004 were listed in the Decision of the Tomsk City Council, dated March 16, 2004 No. 588 «On the Program for Privatization of the Municipal Property in Tomsk in 2004». 18Federal (F),Regional (R),Municipal (M) or Private entity (P). 19Reception of bids begins from the date indicated in the information message and finishes not later than in 1 day before the date of consideration of bids and documents of applicants. Total continuance of bids reception should last not less than 25 calendar days. 22 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 N Document/Procedure stages Sequen Government authority, Level Official time limit (as Time Official cost (as per % of BIS o ce organization of per legislation) reporte legislation) reporting govern d by official ment18 BIS payment (days) s 2nd METHOD. Sale of municipal property on a tender 7 Bid for participation in tender Real Property Department of M Not specified 24 Free 50 with the necessary set of the City Administration documents attached 8 Protocol of recognition of Followin Real Property Department of M 1 day 3 Free 0 applicants as participant in an g item 7 the City Administration auction 9 Report on Tender Results Followin Real Property Department of M Within 5 days since item 30 Free 0 g item 8 the City Administration 8 10 Purchase Contract Followin Real Property Department of M 5 days 30 Free 50 g item 9 the City Administration 11 Act of acceptance and Followin Real Property Department of M Within 30 days since the 7 Free 67 transferring of property g item the City Administration moment of the full 10 payment 12 Certificate of State Followin Justice institution for the state R Up to 30 days 30 500 rubles for individual 67 Registration g item registration of the rights to real persons; 7500 rubles for 11 property and the deals legal entities therewith of the Tomsk Oblast To 6 stages 2 different units, divisions, For 5/6 stages - not n/a 500 rubles for individual tal 20 documents (as per CPD) agencies more than 71 days persons; 7500 rubles for For 1/6­ not specified legal entities 3d METHOD. Sale of municipal property is performed by public offer if an auction is considered to be ineffective 13. Application for purchasing of Real Property Department of M Time limit is determined n/a Free n/a municipal property by public the City Administration by the initiator of the sale offer with enclosure of of municipal property by necessary set of documents public offer indicated in information message about holding a tender 14. Purchase Contract Followin Real Property Department of M The day of the n/a Free n/a g item the City Administration application registration 13 15. Act of acceptance and Followin Real Property Department of M Within 30 days since the n/a Free n/a transferring of property g item the City Administration moment of the full 14 payment 23 Survey of Land and Real Estate Transactions in the Russian Federation. Regional Report: Tomsk Oblast. Annex 1 N Document/Procedure stages Sequen Government authority, Level Official time limit (as Time Official cost (as per % of BIS o ce organization of per legislation) reporte legislation) reporting govern d by official ment18 BIS payment (days) s 16. Certificate of State Followin Justice institution for the state R Up to 30 days n/a 500 rubles for individual n/a Registration g item registration of the rights to real persons; 7500 rubles for 15 property and the deals legal entities therewith of the Tomsk Oblast To 4 stages 2 different units, divisions, For 3/4 stages - not n/a 500 rubles for individual n/a tal 4 documents (as per CPD) agencies more than 61 days persons; 7500 rubles for For 1/4­ not specified legal entities 4th METHOD. Sale of municipal property is performed without announcing a price if a sale by public offer is considered to be ineffective 17. Application for purchasing of Real Property Department of M Not specified 5 Free 100 municipal property with the City Administration enclosure of necessary set of documents indicated in information message and envelope with price offer 18. Municipal property sale results Followin Real Property Department of M Not specified 30 Free 0 report g item the City Administration 17 19. Purchase Contract Followin Real Property Department of M Within 10 days since 7 Free 100 g item the City Administration item 18 18 20. Act of acceptance and Followin Real Property Department of M Within 30 days since the 30 Free 0 transferring of property g item the City Administration moment of the full 19 payment 21. Certificate of State Followin Justice institution for the state R Up to 30 days 27 500 rubles for individual 100 Registration g item registration of the rights to real persons; 7500 rubles for 20 property and the deals legal entities therewith of the Tomsk Oblast T 5 stages 2 different units, divisions, For 3/5 stages - not n/a 500 rubles for individual n/a o 5 documents (as per CPD) agencies more than 70 days persons; 7,500 rubles for t For 2/5­ not specified legal entities a l 24