Government decree on the examination of projects. Deadlines for the examination of project documentation
Holding state expertise- one of the key stages in the process of construction of buildings and structures. It is he who becomes the "stumbling block" for many construction companies. And the reason is not only in the strict order of the procedure, but also in the timing of its implementation. Unfortunately, not everyone knows the requirements of the law, which causes a number of problems and delays. To eliminate such difficulties, it is worth considering a number of points discussed in the article.
General provisions on state expertise
The legislation of the Russian Federation clearly defines the upper period allocated for the state examination of the project and research in the engineering sector. So, taking into account provision No. 7 of Article 49 of the Civil Code of the Russian Federation, the period is determined taking into account the complexity of the structure and should not be more than two months (60 days). As for the minimum period, it is not stipulated, which guarantees a certain freedom of action for the auditing structure.
It is impossible not to note another point (No. 29), which discusses the features (procedure and organization) of the state examination. It mentions that the check can take place even faster (up to 45 days). This is relevant:
- For design documents related to residential buildings. This also includes non-residential buildings that do not belong to the category of unique objects.
- For surveys in the engineering sector, which are sent for examination to the main papers for the project.
- For project documentation relating to capital construction facilities, as well as the reconstruction of structures located in the economic zone.
In addition, paragraph No. 30 states that the period for conducting a state examination can be reduced for structures, the verification of documentation for which is carried out by local authorities of the Russian Federation or by subordinate government agencies. In the case of state expertise, it is worth taking into account not only the fixed terms prescribed in the regulation, but also the terms of the contract. The participants of the latter are two parties - the structure that conducts the check, and the applicant. Such documents, as a rule, are regulated at the legislative level, taking into account the conditions of the Civil Code of the Russian Federation.
According to the Civil Code, the parties to the agreement have the right to individually determine the period for the inspection, as well as stipulate the conditions when the deadlines can be extended. It turns out that if the term mentioned in the agreement is not enough for the applicant, then he puts forward his own conditions and refuses to sign the agreement before they are accepted. But it is worth considering that in some cases the state examination is mandatory, which forces the applicant to agree to the terms proposed by the other party.
Accelerated state expertise carries a number of additional risks. In particular, the quality of inspections is reduced, the risk of missing something significant increases. The result may be errors during the construction phase and further problems with putting the building into operation. In addition, the reduction in terms does not allow government bodies get the full amount of information and conduct an analysis on the object of interest.
- Recommendations of the customer (applicant).
- Terms of the regulation.
- Current rules.
- Declared terms of the state examination.
- Required labor resources and so on.
Types and terms of examination and related papers
As mentioned, the time for conducting a state examination is up to 60 days or up to 45 days (in exceptional cases). But there are situations when the process can be suspended. The basis for such a decision may be the execution and transmission of an appropriate application, which stipulates the need to make adjustments to one or more sections.
There are situations when the authorized structure makes a negative decision. This is due to the fact that applicants often submit an incomplete list of documents or papers drawn up in violation of applicable legal acts and regulations. Refusal to accept documents is also possible in the absence of sections that must take place, taking into account the requirements of the legislation of the Russian Federation.
A negative decision is sometimes made when the transferred engineering surveys do not comply with the form or composition prescribed in the regulations, regulations or legislative acts. The situation develops in a similar way when performing engineering surveys by a person who does not have the appropriate rights.
There are situations when an applicant sends a project for state expertise, but it is not subject to verification or there are unforeseen or inconsistent stamps in the paperwork.
As mentioned, the applicant's appeal is considered within 72 hours, after which a written decision is issued. At the same time, the executive body may refuse not only to consider documents, but also to accept them. The latter is possible in case of errors in filling in the fields when submitting an application, as well as in the case of transfer of contradictory (knowingly false) information.
The adopted decision is transmitted through the Portal and must be signed by a representative of Moscow State Expertise. The decision is then sent to the applicant Personal Area for familiarization.
With regard to the timing of the state examination of project documentation, the following points should be taken into account:
- Checking the calculations of the estimated price of the capital construction object is carried out on time, which is stipulated in the agreement between the parties. Only the upper period is limited, which, according to the law, should not exceed thirty days. If it so happened that the estimate documentation is checked in the same period when the state expertise is carried out, then the period is limited to the period of expert evaluation of project documents and surveys.
- Non-state expertise. For many objects, it is allowed to conduct an expert check without involving state structures. In this case, the work is performed by certain companies, and the terms of the work are determined by the contract drawn up between the two parties. Maximum period verification can be both within established norms(45 days), and more than it.
- Examination budget documentation. As in the previous case, a contract is drawn up to evaluate the estimate for construction work. The document specifies the features of the interaction of the parties, as well as the period of work.
- Monitoring the correct use of estimates, indices and methods used in the preparation of estimates. There are also a number of requirements from the current regulations. The terms of the inspection are determined by the agreement drawn up for the conduct of expert work.
- Checking certain sections of the project. Here, the terms of interaction between the parties (including the terms of execution) are determined by the agreed text of the agreement.
As can be seen from the article, the timing of the peer review by government agencies and authorized legal entities are "floating" and depend on the complexity of the object. The difference is that in relation to the state expertise, the upper period still has a limit of 45 days. Thanks to this, the customer can plan construction works and time spent on solving bureaucratic procedures. If the issue of conducting an examination is resolved earlier, then this is only beneficial.
One of FAQ that we are asked is the question of the timing of the examination of project documentation. Why there is confusion with the terms of the Customers is due to the amount of different information that is found on the Internet on this topic. You can meet such terms as 3-5 days, 45 days, 60 days, 90 days.
Let's take a look at the accuracy of this information. And for this, we will focus specifically on the title documents: federal laws, resolutions, explanations and other current regulations.
So, the first document that we will consider is Decree of the Government of the Russian Federation N 145 "On the procedure for organizing and conducting state examination of project documentation and engineering survey results." Item 29.
The results of engineering surveys before sending the project documentation for this examination;
Project documentation for residential capital construction projects, including built-in and attached non-residential premises that are not unique objects;
Project documentation and results of engineering surveys in relation to residential capital construction projects, including built-in and attached non-residential premises that are not unique objects;
Design documentation for capital construction projects, construction, reconstruction and (or) overhaul which will be carried out in special economic zones;
Project documentation and results of engineering surveys in relation to capital construction facilities, the construction, reconstruction and (or) major repairs of which will be carried out in special economic zones.
In 2016, the aforementioned Decree was supplemented with paragraph 29(1), according to which the deadlines can be extended at the initiative of the applicant by no more than 30 days in the manner prescribed by the contract.
In this regulation we are talking about on the timing of the state examination. Does this term apply to non-state expertise? Is there a document that specifies the time limit for a non-state examination? Yes, there is such a document. This is Decree of the Government of the Russian Federation No. 272 “On approval of the Regulations on the organization and conduct of non-state examination of project documentation and (or) engineering survey results”, paragraph 6.
According to this normative act all non-state expertise procedures, including the preparation of an expert opinion and the procedure for appealing it, are regulated by the Regulations on the organization and conduct of state expertise of project documentation and engineering survey results.
Based on this information, it is important to understand that the current legislation of the Russian Federation regulates the terms of examination by the same normative documents. The period of non-state examination is established by law in accordance with the period of state examination and should not exceed 60 days (Decree of the Government of the Russian Federation No. 145, paragraph 29).
Now let's figure out where the information about the terms of 3-5 days comes from. Again we turn to the current legislation. In the Decree of the Government of the Russian Federation No. 145 on the procedure for organizing and conducting state examination, in paragraph 21, it is established that a period of 3 days is determined for checking project documentation.
Please note that the period of verification and the period of issuance of the conclusion do not always coincide!
What does this process look like in practice?
First, the receipt of project documentation for examination. This means that there must be a complete package of documents, in accordance with Decree No. 87.
Secondly, the organization of the process of verification of project documentation.
Thirdly, the distribution of the received project documentation among the experts.
Fourth, work with comments. It is at this stage that the interaction between the expert organization and the Customer is important. The ideal situation is when the comments made by the experts are promptly processed by the Customer. However, there are situations when the receipt of responses to comments is delayed by the Customer himself and thus, the Customer, by his actions, can increase the time for issuing the opinion.
The last, fifth, stage is the writing of local opinions on sections and the writing of a summary conclusion of the examination.
From the stages described above, I hope it became clear that the deadlines are a two-way process in which both parties are fully involved: the expert organization and the Customer. The terms of verification are regulated by the current legislation of the Russian Federation.
It is definitely easier for us, MINEKS LLC, for non-state expertise of project documentation and engineering survey results, to regulate the timing of the expertise due to the geography of our full-time experts and the possibility of building the process of conducting the expertise around the clock.
Our company employs 145 experts in all areas of the project, living in different cities Russia, from Moscow to Vladivostok. Due to such geography, the examination process is carried out around the clock. The difference in time affects the acceleration of the verification time. For example, when the working day ends in Moscow, morning comes in Vladivostok and the working day begins. It is very convenient for our Customers, for whom it is important to short term performance by our experts.
And of course, the very process of organizing the examination of project documentation and the results of engineering surveys, which is based on the principles of efficiency, decency, common sense and the desire to find technically competent solutions that are optimal for the Customer, including difficult situations.
The terms that we guarantee to our customers range from 7 to 30 days.
ON THE PROCEDURE FOR ORGANIZING AND CARRYING OUT STATE EXAMINATION OF PROJECT DOCUMENTATION AND RESULTS OF ENGINEERING SURVEYS
(as amended by Decrees of the Government of the Russian Federation of December 29, 2007 N 970, of February 16, 2008 N 87, of November 7, 2008 N 821, of September 27, 2011 N 791)
In pursuance of part 11 of article 49 of the Town Planning Code Russian Federation The Government of the Russian Federation decides:
1. Approve the attached Regulations on the organization and conduct of the state examination of project documentation and engineering survey results.
2. Determine that:
a) paragraphs 46 - 48 of the Regulations approved by this resolution shall be applied from January 1, 2009;
dated December 29, 2007 N 970)
b) the state examination of design documentation for capital construction facilities and the results of engineering surveys performed for such facilities is organized and carried out:
part 5.1 of Article 6 of the Town Planning Code of the Russian Federation (with the exception of the objects specified in the third and fourth paragraphs of this subparagraph), - by a state institution subordinate to the Ministry regional development Russian Federation;
(as amended by Decree of the Government of the Russian Federation of November 7, 2008 N 821)
in relation to the facilities specified in Part 5.1 of Article 6 of the Town Planning Code of the Russian Federation, which are objects of the military infrastructure of the Armed Forces of the Russian Federation, - by the Ministry of Defense of the Russian Federation, in relation to other defense and security facilities under the jurisdiction of federal executive bodies - federal authorities executive power authorized to conduct state examination of project documentation and engineering survey results by decrees of the President of the Russian Federation;
in relation to unique objects, construction, reconstruction, overhaul of which is supposed to be carried out on the territory of Moscow, - by the executive authority of Moscow or a state institution subordinate to it (before January 1, 2011);
in relation to other objects - by executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination of project documentation and engineering survey results or subordinate to these bodies government agencies;
c) during the state examination of project documentation and engineering survey results, assessment of project documentation and engineering survey results for compliance with the requirements that were the subject of sanitary and epidemiological expertise, state environmental expertise, state historical and cultural expertise, state expertise of working conditions, state expertise in the field of protection population and territories from emergencies and industrial safety expertise is not carried out if, prior to the entry into force of the Regulation approved by this Decree, positive conclusions are obtained based on the results of these examinations, and also if positive conclusions based on the results of these examinations are obtained on the materials sent for these examinations before 1 January 2007. The conclusions of these examinations are taken into account when preparing the conclusions of the state examination of project documentation and the results of engineering surveys;
d) state examinations of project documentation and engineering survey results that began before the entry into force of the Regulation approved by this resolution are subject to completion by the bodies (state institutions) that started them. Repeated state examinations of project documentation and engineering survey results may be carried out until January 1, 2008 by bodies (state institutions) that issued negative conclusions based on the results of initial state examinations;
e) a summary conclusion of the state examination of project documentation, issued before the entry into force of the Regulation approved by this resolution, and containing conclusions on the recommendation of the design documentation for approval, is equated to a positive conclusion of the state examination of project documentation and engineering survey results. The specified summary conclusion, as well as a positive conclusion of the state examination of project documentation, issued in accordance with the Regulations approved by this resolution, before the acts of the Government of the Russian Federation provided for by subparagraph "a" of paragraph 3 and paragraph 4 of this resolution, and containing a positive assessment of the estimated the cost spent in the cases specified in subparagraph "i" of this paragraph, in relation to a capital construction object, the construction or reconstruction of which is financed in full or in part at the expense of the federal budget, are equated to positive conclusions about the effectiveness, reliability and assessment of the validity of the use of funds federal budget allocated for capital investments;
f) prior to the approval of the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and
Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.
1. Electronic applications in the field of competence of the Ministry of Construction of Russia filled in in accordance with the attached form are accepted for consideration.
2. An electronic appeal may contain a statement, complaint, proposal or request.
3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.
4. According to federal law dated 02.05.2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation" electronic applications are registered within three days and are sent depending on the content to the structural subdivisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the appropriate official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.
5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- use when typing a non-Cyrillic keyboard layout or only capital letters;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.
6. The response to the applicant of the appeal is sent to the postal address specified when filling out the form.
7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements Russian legislation about personal data.
8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"
