Conclusion of the state examination of design documentation. Examination of design documentation: obtaining the conclusion of Glavgosexpertiza

One of the frequent questions we are asked is the question about the timing of the examination of project documentation. Why there is confusion among Customers about deadlines is explained by the amount of different information that is found on the Internet on this topic. You can find such terms as 3-5 days, 45 days, 60 days, 90 days.

Let's understand the reliability of this information. And for this, we will focus specifically on the legal documents: federal laws, regulations, clarifications 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 design documentation and engineering survey results." Clause 29.

The results of engineering surveys before sending design documentation for this examination;

Project documentation for residential properties capital construction, including built-in and attached non-residential premises that are not classified as unique objects;

Design documentation and results of engineering surveys in relation to residential capital construction projects, including built-in and attached non-residential premises that are not related to unique objects;

Project documentation for capital construction projects, construction, reconstruction and (or) major renovation which will be carried out in special economic zones;

Design documentation and results of engineering surveys in relation to capital construction projects, the construction, reconstruction and (or) major repairs of which will be carried out in special economic zones.

In 2016, the above-mentioned Resolution was supplemented by 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 agreement.

This regulatory act deals with the timing of the state examination. Does this period apply to non-state examination? Is there a document that specifies the deadline specifically for 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 design documentation and (or) engineering survey results”, paragraph 6.

According to this regulatory act, all procedures for non-state examination, 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 examination of design 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 regulatory 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 (Resolution of the Government of the Russian Federation No. 145, paragraph 29).

Now let’s figure out where the information about the 3-5 day period comes from. Let us turn again to the current legislation. In 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 the period for checking project documentation is 3 days.

Please note that the inspection period and the period for issuing the conclusion do not always coincide!

What does this process look like in practice?

Firstly, the receipt of project documentation for examination. This means that there must be a complete package of documents, in accordance with Resolution No. 87.

Secondly, organizing the process of checking design documentation.

Thirdly, distribution of received project documentation among experts.

Fourthly, work with comments. It is at this stage that interaction between the expert organization and the Customer is important. The ideal situation is when the comments made by the experts are promptly addressed by the Customer. However, there are situations when receiving responses to comments is delayed by the Customer himself and thus, the Customer, through his actions, can increase the time frame for issuing the conclusion.

The last, fifth, stage is writing local conclusions by section and writing a summary expert opinion.

From the stages described above, I hope it has become clear that deadlines are a two-way process in which both parties are fully involved: the expert organization and the Customer. The timing of the inspection is regulated by the current legislation of the Russian Federation.

For us, MINEX LLC, specifically for the non-state examination of design documentation and engineering survey results, it is definitely easier to regulate the timing of the examination due to the geographic location of our staff experts and the ability to structure the examination process around the clock.

Our company has 145 experts in all sections of the project, living in different cities of Russia, from Moscow to Vladivostok. Due to this geography, the examination process takes place around the clock. The acceleration of verification times is affected by time differences. For example, when the working day in Moscow ends, then morning comes in Vladivostok and the working day begins. This is very convenient for our Customers, who value the maximum short term performance of work by our experts.

And of course, the very process of organizing the examination of design documentation and engineering survey results, 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 complex situations.

The terms that we guarantee to our Customers range from 7 to 30 days.

Making changes to the past examination project documentation , may be required due to various reasons. At the same time, in some cases, repeated expert work on the project is mandatory. All questions and nuances of making changes to project documentation and conducting a secondary examination will be considered in this article.

Changes to design documentation and re-examination

Making adjustments to project documentation after receiving a positive summary from experts is a situation that occurs quite often. So, paragraph 7 of Art. 52 of the Town Planning Code directly requires that appropriate corrections be made to the project if, during the development process, inconsistencies in the parameters from the theoretical data of the design documentation are discovered. Otherwise, discrepancies in the design data and the parameters of the actually constructed facility will not allow the subsequent execution of documents for the building.

In accordance with paragraph 15 of Art. 48 of the same code, after making adjustments to the project documentation before its approval, the developer or customer must send the project for examination. However, clause 3 of Art. 49 contains some exceptions and states that expert work on project documents is not required if:

• the revised design documentation has already been examined and received a positive resolution based on the results;
• the amendments made to the project did not affect the structural and other characteristics of the reliability and safety of the facility;
• adjustments to the project did not lead to an increase in construction costs.

The same thing, only from a different angle, is said in paragraph 44 of Government Decree No. 145 of March 5, 2007. This provision of the Decree requires that modified design documentation that has received a positive approval be sent for expert analysis a second time expert opinion earlier, if the amendments affected technical solutions affecting the structural reliability and safety of the capital construction facility.

At the same time, in paragraph 44 of Resolution No. 145, the customer or developer has the choice of undergoing a re-examination of the revised project if the essence of the modification allows it not to undergo a re-examination. That is, in this case, the customer or developer can, at their own request, undergo an examination of the project documentation again.

When is a re-examination of design documentation required?

An expert analysis of project documentation is initially carried out in order to obtain permission to construct the facility and begin actual construction with the fulfillment of all legislative and bureaucratic requirements.

But there are situations when, after passing an expert study, a second examination is required.

1. First of all, this situation arises in the event of receiving a negative conclusion on the project. The goal with this option of conducting a repeated expert analysis of the project is obvious - obtaining a positive resolution for issuing a construction permit. Therefore, customers are interested in making all the necessary amendments to the design documentation as quickly as possible, which are indispensable for the approving conclusion of experts.
2. The need for re-examination due to changes in design documentation in the form of:
   • development of additional sections;
   • adjustments or significant additions;
   • significant changes in the project.

Thus, it is clear that in any case, the need to conduct another examination of the design documentation arises due to changes to it. Only in the first option are these changes forced, due to previous errors or inaccuracies that resulted in a negative expert opinion. In the second case, the amendments are voluntary, due to some external circumstances or adjustments to the project associated with the objective application of theoretical data in practical construction specific object.

List of changes affecting the safety of the capital construction facility

So, the most important question that needs to be resolved by a developer or customer who makes adjustments to design documentation that has passed a positive examination: do the changes made concern technical solutions that affect the structural reliability and safety of the facility? That is, in fact, to conclude that it is necessary to conduct another expert analysis of the project documentation.

By Order of the Ministry of Regional Development of Russia No. 624 on December 30, 2009, the List of types of work affecting the safety of capital construction projects was approved. The document is quite detailed and therefore voluminous. Types of work are divided into 3 sections:

• on engineering surveys;
• on preparation of project documentation;
• for construction, reconstruction and overhaul.

In addition, a significant part of the types of work within their section are divided into subtypes. So, for example, preparatory work for construction, reconstruction and overhaul (clause 2, section 3 of the List) include 4 subtypes:

• dismantling/dismantling of buildings, walls, ceilings, stairs, etc.;
• construction of temporary roads, sites, utility networks and structures;
• installation of rail crane tracks and foundations of stationary cranes;
• installation and dismantling of inventory external and internal scaffolding, technological waste chutes.

Such a detailed listing allows us to avoid any doubts about the involvement of the amendments made to the project in the adjustment of work that affects the safety of the capital construction facility, and therefore in the need for another examination of the project.

Procedure for re-examination

In accordance with paragraph 44 of Resolution No. 145, re-examination can be carried out an unlimited number of times (2 or more). At the same time, each subsequent examination is carried out in the order prescribed by law for conducting the initial state examination. Meanwhile, experts will evaluate:

• that part of the project documents to which amendments were made;
• compatibility of the modified part of the project with the rest of the design documentation, which was previously subject to expert analysis.

Thus, to conduct a re-examination, the customer must provide a package of documents according to the list specified in clause 13 of the Regulations approved by Resolution No. 145, including:

1. Application for examination.
2. Project documentation that has previously received a positive expert opinion.
3. A copy of the positive conclusion.
4. The task of making adjustments to the design documentation.
5. Certificate of amendments made to the draft.

It must be borne in mind that the entire project can be considered for re-examination if, since the initial or previous re-examination, amendments have been made to the legislation affecting the results of the state examination.

Making changes in the event of a negative examination of project documentation

If the project documentation received a negative conclusion based on the results of the experts’ work, then in paragraph 10 of Art. 49 of the Town Planning Code offers 2 solutions:

1. Contact the Ministry of Regional Development or the court and try to challenge the results of the expert opinion.
2. Pass a re-examination after eliminating all the specified shortcomings.

In practice, since experts rarely make mistakes, and court proceedings are expensive and lengthy, it is easier and more effective to amend the draft based on comments and undergo the examination again. Moreover, the Regulations on the conduct of the examination, approved by Resolution No. 145, contain a rule allowing not to return to the applicant documents submitted for examination in paper form, if the comments that caused the negative conclusion are eliminated, possibly without returning the documentation. In this case, the applicant is given a certain period to eliminate the deficiencies, after which he must provide the expert organization with that part of the project documentation that has undergone changes and a certificate describing the amendments made.

Thus, revised design documentation requires a re-examination, as in mandatory, and at the request of the developer. At the same time, it is very important not to miss the moment, to correctly evaluate the changes made to the design documents and carry out a re-examination if required by law, otherwise later there may be great difficulties with documentation built object.

New procedure for state examination of design documentation and engineering survey results in the Moscow region

G.S. AFANASYEVA, Deputy Head of the State Expertise Department of the State Educational Institution "Mosoblgosekspertiza"

When expertise is not required

Cost of examination

Terms of examination

FAQ

It should be noted that the state examination of design documentation and engineering survey results in the original edition of the Civil Code of the Russian Federation was entirely the responsibility of Russian Federation. In December 2006, changes were made to the GRK, according to which the powers to conduct state examination of design documentation and engineering survey results (with the exception of specially specified objects, see below) were transferred to the constituent entities of the Federation. At the federal level, the central executive body for organizing and conducting the examination is Rosstroy. Carrying out the examination at the federal level is entrusted to the Federal State Institution “Glavgosexpertiza of Russia” subordinate to Rosstroy. On January 1, 2007, a unified state examination of design documentation began its work in Russia. It replaced a complex and multi-stage system of specialized examinations that worked in our country for several decades and caused numerous complaints from developers. Now only one body is involved in analyzing the project. He provides a comprehensive expert assessment of design documentation, including estimates, and the results of engineering surveys. At the same time, especially dangerous, technically complex, unique and some other objects, specifically specified in the Town Planning Code of the Russian Federation (GrK RF) below), are inspected at the federal level in the Glavgosexpertiza of Russia, all others - in the examination body of the subject of the federation in whose territory construction is planned.

Rosstroy monitors and supervises the implementation of state expertise by constituent entities of the Russian Federation, assesses compliance with federal legislation and regulatory regulation at the regional level. Since the beginning of 2007, Rosstroy has been coordinating the structure of local examinations, assessing the ability of each organization to actually conduct examinations, ensure independence, reliability and the required quality of conclusions. Already at the beginning of last year, Gosstroy agreed on the structures of authorized bodies in 22 constituent entities of the Federation, including in the Moscow region - “Mosoblgosekspertiza”.

The first year of work under the new rules was difficult both for the customer-developers and for us, as the body of the unified state examination of the Moscow region. We had to restructure our work without stopping or slowing down the examination procedure itself. In a short time, it was possible to create three new departments as part of the State Expertise Department. Despite all the difficulties of the transition period, in 2007, 35.63% more opinions on project documentation were issued than in the previous year. However, it must be admitted that in such a situation it was not possible to avoid negative aspects. Queues appeared at the design documentation acceptance department; it was not always possible to review the examination promptly, as required by Decree of the Government of the Russian Federation of March 5, 2007 No. 145. We know these problems and are taking all possible measures to eradicate them.

The difficulties of the transition period are known to everyone. Establishing the work of the examination in a new way requires time and understanding on the part of customer-developers. We will try to take the first step towards mutual understanding between the customer-developer and the state examination body in this article. To begin with, let us explain the main points of the procedure for organizing and conducting the examination.

Division of powers between federal center and examinations of the subjects of the Federation

Since 2007, the following division of powers has been established between Glavgosexpertiza and state examination bodies of the constituent entities of the federation. Glavgosexpertiza is in charge of facilities that are planned to be built on the territory of two or more constituent entities of the Russian Federation, in the exclusive economic zone, on the continental shelf, in inland sea ​​waters and in the territorial sea, defense and security facilities, cultural heritage federal significance, objects, information about which constitutes a state secret, as well as especially dangerous, technically complex and unique objects. The definitions of the latter are given in Article 48.1 of the Civil Code of the Russian Federation (pay attention to the changes made to this article by Federal Law No. 324-F3 of December 4, 2007). Particularly dangerous and technically complex include: nuclear energy facilities; hydraulic structures of the first and second classes; line-cable communication structures; power lines and other power grid facilities with a voltage of 330 kilovolts or more; space and railway infrastructure facilities; airports; subways; sea ​​ports, with the exception of specialized sea ports intended to serve sports and pleasure vessels; car roads common use federal significance and related transport engineering structures; dangerous production facilities. Unique include those capital construction projects whose design documentation provides for at least one of the following characteristics: height of more than 100 meters; spans of more than 100 meters; the presence of a console of more than 20 meters; deepening of the underground part (in whole or in part) below the planning level of the ground by more than 10 meters; the presence of structures and structural systems for which non-standard calculation methods are used taking into account physical or geometric nonlinear properties or special calculation methods are developed.

The last position of this list requires clarification, so Glavgosexpertiza of Russia proposes to classify the following as unique objects designed using structures or structural systems that require the use of non-standard calculation methods taking into account physical or geometric nonlinear properties or the development of special calculation methods: tanks for storing oil and petroleum products with a capacity of more than 10 thousand cubic meters. m; drop-shaped and spherical tanks, gas holders; buildings and structures of complex non-rectilinear configuration; having coatings in the form of ribbed and ribbed-ring domes, mesh shell domes, shells of double curvature, cable-stayed, membrane coatings, coatings made of laminated wood elements, including frames, arches, crossbars, hanging coverings, etc.; buildings and structures with large area coatings with uneven load; objects, the structures and engineering equipment of which are experimental in nature.

Design documentation and the results of engineering surveys for all objects not included in the above list are subject to examination by the relevant body of the subject of the federation.

It is worth noting that the current legislation provides for the possibility of conducting a state examination at the federal level by other federal executive authorities, if this is decided by the President of the Russian Federation. So far, only the Russian Ministry of Defense has been vested with such powers in relation to military infrastructure facilities. According to the Decree of the Government of the Russian Federation of March 10, 2000 No. 221, “military infrastructure facilities” are special technological complexes, buildings and structures intended for command and control of troops, placement and storage of military equipment, military property and equipment, weapons testing, as well as military camps, production enterprises, public buildings and structures of the Armed Forces of the Russian Federation, other troops, military formations and bodies ensuring the defense and security of the Russian Federation.

When expertise is not required

As is known, since 2007, the mandatory state examination of design documentation for some objects has been abolished. GU MO "Mosoblgosekspertiza" in response to numerous requests explains that it is possible to determine whether this or that documentation is subject to examination, guided by paragraphs. 2 and 3 of Article 49 of the Civil Code of the Russian Federation and part 17 of Article 51 of the Civil Code of the Russian Federation. Only if the characteristics specified in one of the paragraphs of parts 2 and 3 of Article 49 and part 17 of Article 51 completely coincide with the parameters of a particular object, a mandatory state examination is not carried out. GU MO "Mosoblgosekspertiza" does not have the right to give any of its own interpretations of the Civil Code of the Russian Federation.

For example, clause 1 of part 2 of article 49 states that an examination is not required if you are building an individual residential building with a height of no more than three floors. We draw the attention of customer-developers that the town planning code indicates the number of floors, and not the number of storeys of buildings. For example, a 2-storey residential building with an attic and a basement with a height of more than 1.8 m is a building with 4 floors, i.e. expertise is required.

Likewise, 2 storey building ABK with attic floor- this is a separate capital construction project with 3 floors, i.e. It is impossible to “submit” such an object under clause 4 of part 2 of Article 49. In this case, state examination is also required if the total area of ​​this building is less than 1500 sq.m.

In addition, state examination is not carried out for standard design documentation and its modifications that do not affect the design and other reliability and safety characteristics.

The criteria for classifying project documentation as standard design documentation are (hereinafter referred to as the Regulations on the criteria for classifying project documentation as standard design documentation, as well as modified standard design documentation that does not affect the structural and other reliability and safety characteristics of capital construction projects, approved by the Order of the Ministry of Regional Development from 9.07.07 No. 62):

A positive conclusion of the state examination in relation to the standard design documentation used, issued to any person no earlier than 7 (seven) years before the date of the decision to re-use the design documentation;

Conclusion of the state construction supervision body (if such supervision was carried out in accordance with the legislation on urban planning activities) on the compliance of a capital construction project built on the basis of the applicable standard design documentation with the requirements of such design documentation and other regulatory legal acts;

A document confirming the compliance of the climatic, hydrogeological and other conditions specified in the standard design documentation in which it can be used with the conditions in which it is to be used again, signed by the person preparing the standard design documentation;

Availability of a document confirming the right of the developer (customer) to use standard design documentation, if the exclusive right to this standard design documentation belongs to another person (agreement on the alienation of the exclusive right, license agreement, sublicense agreement, etc.).

The criteria for classifying design documentation as modified standard design documentation that does not affect the reliability and safety characteristics of capital construction projects are:

Availability of criteria for classifying project documentation as standard design documentation specified above;

A conclusion confirming that the modification of the standard design documentation does not affect the structural and other reliability and safety characteristics of the capital construction project, signed by the person preparing the standard design documentation.

When classifying project documentation as standard design documentation or modified standard design documentation that does not affect the reliability and safety characteristics of capital construction projects, it is necessary to have a set of criteria specified in the Regulations approved by the Ministry of Regional Development of the Russian Federation.

If all the criteria for classifying project documentation as standard design documentation or its modification are available, then the results of engineering surveys, design solutions for foundations, general plan and engineering support must be submitted for examination, as specified in clause 15 of the “Regulations on the organization and conducting an examination of design documentation,” in other words, “linking” a standard project.

An examination can also be carried out in relation to objects that, according to the Civil Code of the Russian Federation, are not subject to mandatory state examination, at the request of the party interested in this. As a rule, these are objects of budget financing and, at the request of the state investor, we carry out an examination of the design and estimate documentation to confirm the economic feasibility of the decisions made by the project and the compliance of the estimate documentation with current norms and rules in the field of pricing.

Composition of design documentation submitted for examination

The composition of the documents that are submitted for examination is approved in the Decree of the Government of the Russian Federation “On the procedure for organizing and conducting state examination of design documentation and engineering survey results” (No. 145 of March 5, 2007). Taking into account the changes in this document, approved by Decree of the Government of the Russian Federation dated December 29, 2007 No. 970, the developer must submit an application for state examination, design documentation, copies of design assignments and engineering survey, engineering survey results. The composition of the sections of the design documentation is specified in clause 12 of Article 48 of the Civil Code of the Russian Federation.

At the moment, a situation has arisen where the Government of the Russian Federation has not yet approved new requirements for the composition and content of project documentation. Until the relevant decision of the Government of the Russian Federation is issued, one should be guided by the Civil Code of the Russian Federation and the instructions of SNiP 11-01-95 to the extent that does not contradict the code.

In December 2007, amendments were made to the law “On the entry into force Town Planning Code" According to the new amendment, the introduction of part 4 of article 9, part 6 of article 45, part 3 of article 52, relating to the full transition to work only in the presence of territorial planning documents, land use and development rules approved in the established manner, was postponed until January 1, 2010.

Thus, until 2010, for territories for which territorial planning documents, land use and development rules have not been approved in accordance with the established procedure, the previously existing procedure in which the developer received urban plan land plot, and the APZ carried out urban planning studies, or urban planning justification, or a planning project, based on the specific situation at the request of the architectural authorities. In this regard, the examination requirements for the composition of the initial permitting documentation remain unchanged. And we will not require a mandatory urban planning plan for a land plot until 2010.

It should be noted that working documentation is not subject to examination, although when checking a project, examination bodies may request everything related to the assessment of the structural reliability and operational safety of the facility. Thus, the examination has the right to request, and the developer and design organization are obliged to submit both working documentation and calculation results for this requirement structural elements and other materials.

Cost of examination

The methodology for determining the cost of the examination is specified in the Decree of the Government of the Russian Federation “On the procedure for organizing and conducting state examination of design documentation and engineering survey results” (No. 145 of March 5, 2007). A special procedure for determining the cost of examination work has been established for the results of engineering surveys and residential building projects. For these objects, the cost of the examination does not depend on how much the customer-developer paid the design organization for design and surveys, because it is based on two parameters residential building: built-up area and total area.

For all objects, except residential ones, the cost is set as a percentage of the cost of design and survey work and engineering surveys. Maximum - 33.75% (previously it was 20%). To determine the cost of examination of these objects, it is necessary to know the cost of design and survey work, therefore the developer should provide the expert body with estimates drawn up by the design and survey organizations. To develop these estimates, the Directories of the basic cost of design and survey work for construction, recommended for use by Rosstroy (formerly Gosstroy), should be used. Based on these data, the cost of the examination is determined. The higher the cost of design and survey work, the lower the percentage for the examination.

In the case of a standard project, an examination of the results of engineering surveys and the modified part of the project is subject to payment, which, out of habit, we also call “linking” of the standard project.

Terms of examination

The duration of the state examination should not exceed three months. In addition, within no more than 45 days, a state examination is carried out: a) the results of engineering surveys that are sent for state examination before the design documentation is sent for this examination; b) design documentation or design documentation and the results of engineering surveys in relation to residential capital construction projects that are not related to unique objects; c) project documentation or design documentation and the results of engineering surveys in relation to capital construction projects, the construction, reconstruction and (or) major repairs of which will be carried out in special economic zones.

FAQ

Is an examination of the planning project and land surveying project carried out?

There are no requirements for mandatory examination of these documents by the Civil Code of the Russian Federation. However, with regard to planning projects, the Administrations of cities and districts, which are entrusted with the authority to approve these documents, have the right to attract expertise to conduct their comprehensive analysis, because at this stage, fundamental issues of social, engineering and transport infrastructure. Already, the openly commercial approach to the development of new neighborhoods and microdistricts, the compaction of existing existing buildings, and the placement of arrays of multi-story residential buildings in rural areas is causing concern. The investor sets himself the task of getting as much as possible square meters housing for sale. He doesn’t care at all about how reliable operation will be ensured engineering infrastructure whether the road network where future residents will take their children to school or to kindergarten where they will be provided medical care. In this situation, the examination could act to protect the interests of citizens, but the submission of documentation for examination at this stage has practically ceased for a rare exception. It is worth recalling that if approval is made without an examination, then full responsibility for possible negative consequences falls on the body that approved the urban planning documentation. For planning projects, these are municipal authorities.

We welcome those Administrations who, exercising reasonable caution, submit planning projects for examination.

What should a planning project be like in order for it to undergo “painless” approval in your Institution?

The planning project in composition and content should be closer to the previously existing concept of “development project” (there is no such concept in the new Civil Code of the Russian Federation), because Only in this case can this document become a full-fledged basis for the further development of construction projects. The explanatory note should provide justification for the architectural-planning and volumetric-spatial decisions of the development, the order of construction, the types and types of residential and public buildings and them constructive solutions, systems of engineering development and landscaping of the territory, placement of buildings and premises of institutions of social and cultural services for the population, technical and economic indicators of the development project are given. The explanatory note also provides proposals for dispatching engineering systems, sanitary and technical operation of residential and public buildings, other building elements and external landscaping of the territory.

Graphic materials are developed on a scale of 1:500 or 1:1000, consisting of: master plan development, landscaping and landscaping plan, relief organization scheme, earth mass plan, engineering infrastructure diagrams.

Such a planning project can be submitted to us for examination, we will consider it.

It should be noted that the Administration municipality has the right to make a decision to approve the planning project further in the event that the result of the examination is a negative conclusion, i.e. the final decision is made by local authorities.

Today, the planning project is being reviewed by the Head of Architecture and issuing a document. Is it enough?

This is a consultation, not an examination.

Define auxiliary structures for which an examination is not required? What is the practice that has developed in your Institution regarding objects of auxiliary use?

We do not have the right to set these criteria. They are established only at the federal level. There is no need to separate engineering infrastructure facilities (TP, CTP, VPS, KPS) from the main, for example, residential property. Yes, for a residential building these are auxiliary facilities, but it is impossible to assess the quality of a residential building project without considering decisions on these auxiliary facilities. It depends on them whether each apartment will have water, heat, light, and whether firefighters will be able to put out a fire if, God forbid, it happens.

The customer must submit a comprehensive project for examination. Sometimes there are more questions about auxiliary objects than about the main ones. According to the state examination of the Moscow region, it is necessary to carry out an examination of the facility together with the engineering infrastructure.

How should SNiP be followed now, in relation to those projects that were designed according to the old SNiP and they are specified in the contract?

Is the working documentation subject to examination?

Working documentation must be developed in accordance with the project that has received a positive expert opinion.

Working documentation is not subject to examination. However, when reviewing a project, the expert may ask you for everything related to structural reliability and operational safety, then you are obliged to provide what is requested.

What documents and to what extent are currently required for environmental impact assessment?

Currently, there is no environmental assessment of project documentation as such. Let me remind you that currently there is a unified state examination, which has been in effect since January 1, 2007. Carrying out any other examinations from this time on is prohibited. Our Institution has created a department that checks project documentation for compliance with environmental requirements. Please note that the customer does not submit separate documentation for environmental assessment. GU MO "Mosoblgosekspertiza" must conduct a comprehensive examination of your project within a maximum of 90 days, and residential buildings in 45 days.

Is it possible to replace the urban planning plan with something?

Of course, we don’t stop working because of his absence. At the same time, you need to provide us with a complete set of initial permitting documentation. Besides, in the federal law“On the entry into force of the Town Planning Code” was amended (dated December 4, 2007 No. 324-F3), according to which the transition period, associated with objective difficulties in developing territorial planning documents, planning and development rules, was extended until 2010.

What are the criteria for evaluating design documentation and engineering survey results during the examination?

The subject of the state examination of project documentation is the assessment of its compliance with the requirements technical regulations. But we don’t have these same regulations yet. There is no need to wait for them to appear, but when designing, we must be guided by the standards that are in force today.

Construction, sanitary, environmental, fire safety and other norms and regulations, previously developed and in force in the field of construction, have concentrated a wealth of experience and knowledge in the field of design. These documents remain binding insofar as they meet the objectives of the Law “On Technical Regulation”: protecting the life and health of citizens, property of individuals or legal entities, state or municipal property; protection of the environment, life or health of animals and plants; prevention of actions that mislead purchasers.

Compliance with these standards will, as before, be monitored during the examination of design documentation, during construction, and when commissioning facilities.

Of course, the information provided in this article cannot answer all the questions that customer-developers have when preparing materials for submission to the examination and during the examination. I invite everyone who has read this article to take part in the discussion of the problems of state expertise, express their comments and suggestions, and ask questions.

Information bulletin "Mosoblekspertiza". Issue No. 1 (20), January-March 2008

In this article we will talk about obtaining a conclusion from Glavgosexpertiza of Russia and about our capabilities to provide services if you need to obtain this document for your construction project. We provide technical and consulting support at the stage of examination of construction projects

According to Articles 6, 48 and 49 of the Town Planning Code of the Russian Federation, as well as Resolutions of the Government of the Russian Federation dated March 5, 2007, and No. 145 and dated February 16, 2008, No. 87, the results are subject to state examination engineering solutions, as well as design documentation of capital construction projects. Our company provides services for preparing documents for passing the state examination and can, on behalf of your company, submit a package of documents to obtain an opinion. For example, the expediency of such an order arises when initial stages preparations for the construction of large facilities located in federal districts remote from the center. Thus, we received a positive conclusion for the Taman port project, providing consulting and technical support at the stage of consideration of the project in the Federal State Institution “Glavgosexperstiza of Russia”

The body authorized to conduct state examination, according to the order of the Federal Agency for Construction and Housing and Communal Services dated March 16, 2007, No. 64, is the Federal State Institution “Glavgosexpertiza of Russia”. The conclusion issued by Glavgosexpertiza is a comprehensive document, the presence of which completely eliminates the need to undergo any additional examinations of project documentation.

A positive conclusion from the Federal State Institution “Glavgosexpertiza of Russia” is the only unconditional basis for obtaining permission to build a facility from the local administration. Obtaining this conclusion opens up the opportunity to begin financing and undergo inspection by the Ministry of Economic Development of the Russian Federation, in cases where construction financing comes from the Russian federal budget.
Conclusion of the Federal State Institution "Glavgosexpertiza of Russia" seven specialized producing departments are created and approved by government specialists at once, in seven areas: energy complex facilities, industrial facilities, mining facilities, transport complex facilities, civil facilities, municipal and water management facilities, and information and communications.

In accordance with current legislation, the period for conducting a state examination is 90 days. In addition to all other measures approved by law, the state examination includes: examination of environmental, fire, industrial safety and civil emergency situations.

The state examination is carried out on a paid basis. To determine the cost of the examination, a special table was developed, indicated in the Appendix of Government Decree No. 145. Note that, in accordance with the current legislative framework, the cost of the state examination may vary depending on the cost of design and survey work in the capital cost estimate for construction, reconstruction or major repairs of the facility.

In accordance with its powers, the Federal State Institution “Glavgosexpertiza of Russia” has established a procedure and strict rules for accepting documentation, the timing of its verification, preparation and issuance of conclusions. All this is regulated by a number of internal administrative and methodological documents of the Federal State Institution “Glavgosexpertiza of Russia”.

Problems of state examination

The procedure for conducting the state examination is explained to applicants free of charge. In this case, clarification can be carried out both through the website of the Federal State Institution “Glavgosexpertiza of Russia”, and through an official written request submitted to the organization. Despite the apparent simplicity of the state examination procedure, its customers quite often encounter major information and methodological problems. Moreover, problems can arise both at the stage of receiving and examining documents, and at the stage of their correction.

Entrusting our company with this task is a reasonable decision, since we have gone through this procedure more than once and know all the problems that can arise due to improper preparation of documents and lack of information from the developer company that needs this document.

For the most part, problems in one way or another related to state examination arise due to ignorance, misunderstanding of the procedure being followed, or due to a banal inability to make the necessary adjustments to the documents checked by experts. Faced with difficulties, many customers of state expertise are trying to find some simple solution that guarantees the desired result.
Based on this, we hasten to warn you that you should categorically not trust various consulting companies and private consultants who guarantee a positive conclusion from the state examination, or who promise an “accelerated” completion of this procedure.

The fact is that all such “guarantees” and promises are not based on any legal grounds. Thus, any attempt to obtain a positive conclusion from the state examination “formally without problems” and “within a month” will, at best, turn out to be a waste big money, and a significant loss of precious time. We can provide competent services for technical and consulting support during the examination of a construction project, responsible and competent.

No problems usually arise with obtaining a positive conclusion during the examination of project documentation if engineering surveys have been carried out and the project has been completed in accordance with them by competent design companies. The new rules reduce the period of state examination to 2 months.

Is there a non-state examination?

According to Article 50 of the Civil Code of the Russian Federation, design documentation and the results of engineering solutions made for the preparation of the design documentation itself can be sent for non-state examination. The basis for this is an agreement with a private specialized organization that has the appropriate accreditation.

At the same time, in the current Russian legislation, no body has been identified that would be required to maintain a unified register of self-regulatory construction organizations, which excludes the possibility of obtaining the necessary accreditation to conduct a non-state examination.

In addition, the very procedure for conducting a non-state examination, as well as the procedure for accrediting organizations to conduct it, have not yet been established. Thus, the results of “private” examinations of project documentation do not have any legal force. The results of such examinations can only be used as an informal assessment of design materials by third parties. Therefore, there is no point in such an examination. But entrusting the preparation of documents for passing the project examination is a real service.

If we are talking about various pre-project documentation, such as investment memorandums, business plans and investment justifications, then in this context non-state examination looks like the best option. This is due to the fact that pre-project documentation is mainly of an economic nature and is not subject to mandatory government regulation. In such conditions, high-quality examination can be carried out by private specialized consulting companies, enjoying significant trust from the customer.