CONSTRUCTION OF A RESIDENTIAL BUILDING ABOVE THE ESTABLISHED NUMBER OF STORIES UNDER THE CONDITION OF CREATION (FINANCING) BY THE DEVELOPER OF SOCIAL INFRASTRUCTURE FACILITIES: LEGAL EXPERIENCE OF BRAZIL AND RUSSIA

Abstract

Introduction: the article studies Brazilian and Russian (regional) experience in the field of coopera‐tion between authorities, local governments, and developers of multi‐story residential buildings in the creation (financing) of social infrastructure facilities. Purpose: to analyze the Brazilian urban planning in‐strument ‘solo criado’ with a view to its possible application in Russian realities. Methods: formal logic, historical, comparative‐legal, systemic‐structural. Results: the basis of the solo criado or, otherwise, reimbursable grant of the right to construction is a conditional separation of the right to construction from the right to ownership of the land. Brazilian legislation establishes several land‐use coefficients for construction: minimum, basic, and maximum. The building capacity of a land parcel above its basic coef‐ficient is called additional and is classified as an intangible good, which can be an independent object of transactions. The funds collected from the grant of the right to build above the established basic coeffi‐cient of land use are spent for strictly defined purposes, including the creation (financing) of social infra‐structure facilities. In our opinion, the Brazilian town planning instrument solo criado can be partially in‐tegrated into the Russian legal space by establishing in urban planning regulations differentiated values regarding the maximum number of stories (maximum height) of a multi‐story residential building: basic and maximum. The construction of a multi‐story residential building exceeding the basic number of floors (maximum height) should be conditional on the developer’s undertaking to create (finance) social infrastructure facilities.