Notice (Declaration) of intent for investment in construction: justification of the need for development

The need to develop a Declaration of Intent for Investment for the above facilities is comprehensive:

• Compliance with formal requirements of the coordinating bodies
• Preparation of high-quality pre-project materials for the investor

Formal requirements

1. In accordance with the Town Planning Code of the Russian Federation, in the case of construction of hydraulic structures of the first and second classes in inland sea waters, in the territorial sea of the Russian Federation, in the exclusive economic zone of the Russian Federation, a building permit shall be issued by authorized federal executive bodies. Such a body is Rosmorrechflot, which issues permits for the construction and commissioning of “sea port infrastructure facilities that are capital construction projects and intended for servicing ships used for merchant shipping, comprehensive servicing of fishing fleet vessels, passenger services, and cargo operations, as well as for other services usually provided in the seaport. "

The seaport infrastructure facilities can only be located within the boundaries of the seaport, established by order of the Government of the Russian Federation. To include the land and water areas in the borders of the seaport, there should be:

• An object in the territorial planning scheme
• A declaration of Intent for investment

Thus, without a declaration of intent for investment in construction, it is impossible to enter the borders of the seaport and obtain permits for construction and commissioning, and therefore, further passage through the checkpoint and legal operation of the facility is also impossible.

2. During the design process, in addition to the planned object itself, it is necessary to solve the issues of the absent but mandatory objects of the coastal state infrastructure (construction/expansion and connection, if available):

• vessel tracking management system (VTMS)
• global Maritime Distress and Safety System (GMDSS)
• objects and means of an automated information system (AIS, Unified Shipping Control and Management System of the Russian Federation)
• Aids-to-Navigation (A-to-N)
• state border checkpoint

The above objects cannot be privately owned - they are limited in civil circulation and may be exclusively in federal ownership. In fact, before the investor submits the project documentation to the FAI Glavgosexpertiza of Russia for examination (or non-state examination), they must solve the above issues. The procedure for resolving these issues is described in the order of interaction with investors of FSUE “Rosmorport”. In this document, it is a mandatory requirement that the investor has a Declaration of intent for investment in construction

Thus, in order to obtain a positive expert opinion, as well as a subsequent building permit, a Declaration on the intention for investment in construction is required.

3. In accordance with the Model Regulation on the development and contents of the Declaration on the intention for investment in the construction of enterprises, buildings and structures, approved by the Ministry of Construction of Russia on March 17, 1997: “The declaration materials serve as the basis for obtaining a decision of the local executive authority on the possibility of implementing the intent for investment in the construction of an enterprise, building and structures, issuing and obtaining preliminary technical conditions. ”

Expediency for the investor

The declaration is necessary in order to assess the cost of design and construction works of the facility. Such an assessment is essential when the cost of building a berth amounts to tens and hundreds of millions of dollars, especially if communication with banks is to be done with project financing.

In the preparatory phase, prior to the start of design and construction and installation work on the planned object, according to established practice, groundwork is started in advance. This entails determining the location of the facility, the components of the associated infrastructure, access tunnels, and so on. Accordingly, for the timely resolution of issues regarding the registration of a plot of land , it is necessary to develop a Declaration of intention for investment in construction, which will accurately determine the location of the object.