Any erected building or structure poses a potential hazard, it can pose a threat to the people in it, to neighboring buildings or structures, to the environment, due to the processes implemented inside. In order to take into account errors at the design stage of objects and implement the useful experience of previous developments, there is a procedure called state expertise project documentation.

Appointment of examination of project documentation

Carrying out state expertise is necessary to ensure the sustainability of the functioning of the newly built construction sites, the process of their reconstruction due to the loss of relevance of characteristic properties or the implementation of significant measures to improve the condition of buildings, structures and replace structural elements.

Ensuring safety is achieved by observing the norms and rules established by law for a certain area of ​​human activity. The conditions for the construction of new, reconstruction or restoration of the characteristics of existing objects bearing a mandatory or recommendatory order are due to the experience of previous similar projects or are based on calculated and experimental data.

As a result of the assessment by specialists, the correctness of the estimate determination, the sufficiency of the methods and means implemented in the project, should be established to maintain the state of sustainable functioning of the structure during the operation period and prevent damage to the interests of individuals, commercial or public structures, as well as objects of government institutions of different levels. and nature.

Projects for which state expertise is not required

The state examination of project documentation is regulated by the Civil Code of the Russian Federation and is not needed for all structures. They are not subject to verification for compliance, due to acceptable level risks in case of violations (a risk that is not capable of causing significant damage and loss of life is considered acceptable:

• Homes intended for one homeowner, standing in a separate area, with a height not exceeding three floors from the surface;
• Homes for 10 owners, built on a separate land plot having access from separate buildings to the territory for joint use. Detached buildings are separate buildings, rising above the ground by no more than three floors, and having at least one common wall of a capital nature (without large cross-section through holes) with each other. The number of such buildings, respectively, cannot exceed ten.
• Residential buildings with no more than 4 entrances, the height of which does not exceed 3 floors, and in each entrance, which is a block section, several families are allowed to live, while the passage to the adjacent territory is organized;
• Separately located structures, the total area of ​​which is not more than 1500 sq. meters and two storeys high, provided that they are not used for human habitation or industrial production;
• Separately located structures, with a square area not exceeding 1500 sq. meters and a height of two floors, and for the production located inside, there is no need to limit the sanitary gap or it does not exceed the perimeter of the allocated area of ​​the territory.

An expert survey of the project and estimate documentation will not be carried out:

1. When building a major garage and / or residential and auxiliary buildings on the territory allocated for the construction of a garage or a summer cottage / gardening, with the obligatory condition of using the facilities for personal purposes, and not for entrepreneurship.
2. When erecting or changing the state of objects that are not of a capital nature (kiosks, sheds, etc.).
3. When constructing objects that have an auxiliary function, on the main construction site.
4. When modifying the state of parts of a capital structure, provided that they are not affected bearing structures and other structural elements responsible for the reliability and integrity of the building.

In the event that a structure of a similar nature was previously completed according to design and estimate documentation, having a permissive expert assessment or, a change in the content of such a project is required, while the parameters of the stability of functioning do not decrease, due to the invariability of the state of the supporting and constituent elements - a state examination of the design and estimate documentation for compliance is not necessary.

Objects for state examination

Conducting a state examination of the quality of design and estimate documentation can be carried out by federal or independent specialists of the required profile, the obligatory state assessment of compliance with design standards is regulated by the Civil Code of the Russian Federation for:

• Capital structures, when the allocated territory, during construction, reconstruction or restoration of quality characteristics, belongs to several territorial-functional formations of federal significance;
• If the construction, conversion or production renovation works will be produced on the territory of increased attention, which include: free economic zones, coastal and deep-water areas of water bodies belonging to the oceans and located on the border or in the interior regions of the state;
• If the content of the project, internal arrangement and design features the facility under construction is not subject to disclosure, being classified information due to its attitude to the country's defense and security;
• Historical architectural monuments that are part of the historical and cultural heritage of Russia;
• Structures that carry an extreme degree of threat to people working and living in the adjacent territory, due to the properties of substances and components circulating in production, a complex technological scheme, hardware or design;
• Buildings, structures, structures that have no analogues, with unique properties and parameters.

Structures of increased danger / complexity

Manufactures and technologies mastered by man are a threat if safety measures are not followed, structural elements are destroyed, such productions include:

• Production, part of which is the need to handle substances and materials emitting radiation, obtained on their basis, regardless of the stage of their life cycle - extraction, enrichment, processing, use and / or storage;
• Structures for the use of water resources or to protect against their negative impact, representing an extremely high (class I) and high hazard (class II), depending on the set of structural (structure height) and operational parameters (reservoir volume, power plant capacity, system service area irrigation and drainage, volume of water supply, volume of cargo turnover, etc.);
• Engineering infrastructure facilities, the functional purpose of which is the placement of communication cables and structures intended for equipment, cables for communication needs;
• Electrical communications, substations, switchgears, transformers and other equipment intended for operation under voltages of 330 kV or more;
• Structures belonging to the complex of interconnected structures of the space forces;
• Facilities for receiving, distributing, servicing and performing air transportation of civil or military aviation;
• A complex of interconnected general purpose railway transport facilities;
• Rail transport, engineering-separated from any other transport and pedestrians, by underground placement;
• Hydraulic structures located on the sea coast and designed to receive and service vessels of large displacement (ports of sports and pleasure craft are not included);
• Roads for automobile communication between municipalities of territorial units of the state and related structures;
• Objects due to a combination of various factors related to hazardous production facilities and subject to the law “On industrial safety of hazardous production facilities”;
• Building structures intended for the implementation of activities for the collection, temporary storage and neutralization of hazard factors of waste resulting from life industrial enterprises and population (from I to V class);
• The construction site is located in natural areas subject to special protection by the state;
• Construction financed by the state treasury.

Building structures that have no analogues

Structures, one of a kind, are considered to have one of the following features:

1. The height of the structure is over 100 meters.
2. The distance between the axes of the supporting elements is more than 100 meters.
3. One or more supports protrude 20 meters or more beyond the wall.
4. The lower elevation of the structure under construction is deepened relative to the surface level to a depth exceeding 1 decameter.
5. The structures of the object cannot be calculated according to the current methods, as a result, special methods for calculating the parameters are applied to them.

What is checked by the state examination of project documentation?

Conducting a state examination of project documentation consists in making a decision on the compliance of the following documents with the current standards:

1. A statement of the standard sample, including information about the developer of the set of project documentation and the organization that carried out the survey, detailed description and site reference and applicant details.
2. A complete set of text and graphic materials and the issued assignment for the development of the project.
3. Engineering surveys performed as required by the standards.
4. It is necessary to approve the quality of implementation of environmental protection measures by environmental specialists, in the form of a conclusion approved in accordance with the established procedure, with:

• The location of the building object in the economic incentive zone;
• Organization of construction in the coastal or deep-water area of ​​the seas;
• Design of structures for the neutralization of human waste products;
• For man-made structures made of soil on the surface of water areas.

5. Official confirmation of the delegation to the applicant of the right to represent the interests of the developer, the possibility of confidential actions on the legal registration of the contractual relationship with the expert organization must be stipulated.
6. For each type of work performed, a copy of the SRO's certificate of admission to their performance should be provided, when it is necessary according to the regulations.
7. Information about the conclusion of the RF Guidelines regarding the implementation of certain norms for the preparation of estimates.

Evaluation of engineering survey results

The procedure for conducting state expertise of engineering surveys differs from the verification of project documentation and estimates:

1. A corresponding standardized statement is drawn up from the exhaustive surveyor, the construction site and the applicant representing the contractor.
2. Initial data for carrying out surveys and a complete package of correspondingly executed results.
3. Conclusion of an expert organization on the compliance of environmental protection measures within the scope of the project for unconditional compliance with the requirements of environmental legislation for the relevant facilities (see for the project).
4. Design documentation for outdoor utilities and the construction of foundation elements.
5. A positive expert opinion issued earlier for standard solutions that have found their application in this project.
6. Documentary confirmation of the compliance of the climatic conditions of the designed facility with the accepted parameters in the standard approved project.

Terms and procedure for checking documents

After the transfer of all the established parts, according to the list, it is checked by representatives of the expert organization for completeness within the following time:

• If a mandatory state examination of project documentation is not required, the period cannot be more than three days;
• If the procedure requires a mandatory expert assessment, the period is increased to ten days.

After the expiry of the regulatory period of time, or earlier, the applicant receives a draft version of the contract for the provision of services with an estimated cost according to the price list, or a justified refusal to check can be issued if:

• Not all text or graphic materials required by the regulations are presented;
• the sections of the text part or the graphic part were not completed in full, in violation of the requirements for the content, the order was violated, not all calculations and justifications were performed.

The materials submitted for consideration must be returned to the applicant without consideration if the state examination of the project documentation is to be carried out by another expert organization. If the comments are not critical and the documents can be eliminated, the documents are not returned, and a period of 30 days is assigned to bring the package into compliance. If no comments are found during the initial inspection, contractual relations are drawn up, the subject of which is the state examination of design and estimate documentation and the results of engineering surveys.

The term for the inspection, stipulated in the contract, cannot exceed 60 days, and must be reduced if the inspection is carried out:

• Engineering survey materials up to the project itself;
• Typical projects of houses for human habitation and research for them, which do not have any signs of uniqueness;
• Substantiation materials for construction work in free economic zones.

For the above cases of consideration, the period should be at most one and a half months.
If necessary, additional information may be requested, which must be provided no later than a decade.

Conclusion of the state expertise of project documentation

The state examination of project documentation provides for the procedure for issuing an opinion based on the results of an audit, while two conclusions are possible:

1. A positive opinion is issued if the provided documentation complies with all applicable rules and regulations.
2. A negative conclusion of the state expertise is issued when solutions are identified that do not ensure the safety of the project or that the estimates do not comply with the current recommendations for calculating the price of work (overpayment of work).

The result of the expert's work must be drawn up in accordance with the standard, have all visas and registration with the supervisory authority, while a negative conclusion can be challenged.

Redevelopment, etc.) are procedures that require a significant number of approvals from various authorities. All capital construction projects must comply with the norms and rules established in the Urban Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), as well as in legislative acts adopted in addition to this code. It's not a secret for anyone that when erecting almost any building or structure, drafting and approval is required project documentation, which undergoes a significant number of examinations, which in turn can postpone the beginning indefinitely.

Not so long ago, amendments were adopted to the Civil Code of the Russian Federation, which entailed the need to change some provisions concerning project documentation. So, in particular, certain changes concerning the need to conduct an examination of project documentation in a number of cases were made to the "On the procedure for organizing and conducting state examination of project documentation and the results of engineering surveys" dated 05.03.2007. On this moment these changes have not yet entered into force, but they have already been incorporated into the official text of the document. In this connection, it is advisable to consider these innovations now, for informational purposes, since in the near future they will begin to be applied in practice.

Let's start by defining the design documentation. According to, project documentation is a documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional, technological, constructive and engineering solutions for the construction, reconstruction of capital objects, their parts, capital. It is also important to know the definition of the concept typical project documentation- this is project documentation that has received a positive conclusion of the state examination of project documentation and is reapplied. Authorized organizations will conduct an examination of the project documentation to conduct a state examination.

The need for such a state examination consists in checking the compliance of the submitted documents with the requirements of sanitary and epidemiological, environmental, historical and cultural norms and rules, norms on working conditions, legal regulations in the field of protection of the population and territories from emergencies, industrial safety, etc. Since only if the design documentation meets all the provisions of these standards, it will not pose a threat to the life and health of the population, harm the environment, etc. Only after a positive conclusion of the state expertise on the design documentation has been issued, construction can begin.

However, the procedure for checking the compliance of the design documentation with all the specified requirements takes an extremely long time, and in some cases it simply does not make sense. In the Civil Code of the Russian Federation, as well as in the specified 5 and earlier, cases were envisaged when the state examination of project documentation was not carried out. clarifications have been made to this list. Examination of project documentation is not carried out in the following cases:

-if no building permit is required for construction (reconstruction)

Conducting an examination in relation to the design documentation of capital construction projects, which received a positive conclusion of the state examination or non-state examination and is used repeatedly (standard design documentation), or modification of such design documentation that does not affect the structural and other characteristics of the reliability and safety of capital construction facilities

If during the construction or reconstruction of a capital construction object, a modification of the design documentation is applied, including in relation to certain sections of the design documentation, which previously received a positive conclusion of the state examination, which does not reduce the structural and other characteristics of the reliability and safety of capital construction objects

In relation to the sections of the project documentation prepared for the overhaul of capital construction objects, with the exception of the design documentation prepared for the overhaul common use.

If the construction of a capital construction facility will be carried out using standard design documentation (its modification), the results of engineering surveys are subject to state expertise regardless of the fact that the state examination of the project documentation is not carried out.

Also, the specified normative act establishes that in relation to objects, the construction of which is financed with the involvement of federal budget funds, no verification of the reliability of the definition is carried out estimated construction if the specified modification of the design documentation does not lead to its increase.

Conducting state expertise is one of the key stages in the 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 legislation, 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 specifies the upper period allocated for the state examination of the project and surveys in the engineering sector. So, taking into account the 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 term, it is not specified, which guarantees a certain freedom of action for the inspection 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 project 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 on the project.
• For design documentation related to capital construction objects, as well as reconstruction of structures located in the economic zone.

In addition, paragraph 30 indicates that the period for conducting a state examination can be reduced for structures, the verification of documentation for which is carried out by the subjects of power of the Russian Federation on the ground 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 in the latter are two parties - the structure that conducts the verification, 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 of the inspection, as well as to stipulate the conditions when the terms can be extended. It turns out that if the time period mentioned in the agreement is not enough for the applicant, then he puts forward own terms and refuses to sign agreements before they are accepted. But it is worth considering that in a number of cases the state examination is mandatory, which forces the applicant to agree to the terms proposed by the other party.

Accelerated state examination carries a number of additional risks. In particular, the quality of inspections decreases, and the risk of missing something significant increases. The result can be errors during the construction phase and further problems with the commissioning of the building. In addition, the reduction in terms does not allow government agencies to obtain the full amount of information and conduct an analysis on the object of interest.

• Customer's (applicant's) recommendations.
• Terms of the regulation.
• Rules in force.
• The stated 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 here there are situations when the process can be suspended. In the form of a basis for such a decision, the execution and transmission of an appropriate application may become, where the need to make adjustments to one or more sections is stipulated.

So, since the beginning of 2013, the applicant has the opportunity to go to the portal of public services and submit an application for making changes in electronic form. Further, Mosgosexpertiza decides whether to satisfy the application or not. The thinking time is no more than three days.

Situations are possible 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 laws and regulations. Refusal to accept documents is also possible if there are no sections in the composition, which should 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 engineering surveys are performed by a person who does not have the appropriate rights.

There are situations when the applicant sends a project for a state examination, but it is not subject to verification, or there are unforeseen or inconsistent stamps in the papers.

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 out the fields when submitting an application, as well as in the case of transmission of contradictory (deliberately false) information.

The decision made is transmitted through the Portal and must be signed by a representative of Mosgosexpertiza. Further, the decision is sent to the applicant in his personal account for review.

With regard to the timing of the state examination of project documentation, the following points should be taken into account:

• Calculation check estimated price 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 legislation, should not exceed thirty days. If it so coincided that the estimate documentation is checked in the same period as the state examination is carried out, then the period is limited by the period for the expert assessment of project documents and surveys.
• Non-state expertise. For many objects, it is allowed to conduct an expert review without involving government agencies. In this case, the work is performed by certain companies, and the timing of the work is determined by an agreement concluded between the two parties. The maximum verification period can be either within the established norms (45 days) or longer.
• Checking the estimate documentation. As in the past, a contract is drawn up to estimate the estimate for construction work. The document specifies the features of interaction between the parties, as well as the period of work.
• Control over the correctness of the use of estimates, indices and methods used in the preparation of estimates. There are also a number of requirements from the current regulation. The terms of the inspection are determined by the agreement drawn up for the conduct of expert work.
• Checking specific sections of the project. Here, the terms of interaction between the parties (including the deadlines for execution) are determined by the agreed text of the agreement.

As can be seen from the article, the timing of the expert assessment 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 examination, 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 carrying out an examination is resolved earlier, then this is only beneficial.

Sources: BUILD SIMPLY

New order state expertise of project documentation and engineering survey results in the Moscow region

G.S. AFANASIEVA, Deputy Head of the Department of State Expertise of the State Institution of the Ministry of Defense "Mosoblgosexpertiza" Since January 1, 2007, a unified state expertise of project documentation has begun its work in Russia. It replaced the polysyllabic and multistage system of specialized examinations that had been in operation in our country for several decades and caused numerous complaints from developers. Now only one body is involved in the analysis of the project. He provides a comprehensive expert assessment of project documentation, including estimates, and engineering survey results. At the same time, especially dangerous, technically complex, unique and some others, specially stipulated in the Urban Planning Code Russian Federation (Civil Code of the Russian Federation) objects below), are tested at the federal level in the Glavgosexpertiza of Russia, all the rest - in the examination body of the constituent entity of the federation on the territory of which construction is planned. It should be noted that the state examination of project documentation and the results of engineering surveys in the original edition of the Civil Code of the Russian Federation was completely the subject of the jurisdiction of the Russian Federation. In December 2006, changes were made to the Group of Companies, according to which the powers to conduct state examination of project documentation and the results of engineering surveys (with the exception of specially specified objects, see below) were transferred to the subjects of the Federation. At the federal level, Rosstroy acts as the central executive body for organizing and conducting the examination. Expertise at the federal level is entrusted to the Federal State Institution "Glavgosexpertiza of Russia" subordinate to Rosstroy. Rosstroy monitors and supervises the implementation of the state examination by the constituent entities of the Russian Federation, assesses the compliance with federal legislation of regulatory regulation at the regional level. Since the beginning of 2007, Rosstroy has been coordinating the structure of expert examinations in the field, assessing the ability of each organization to actually carry out expert examinations, to 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 - "Mosoblgosexpertiza". The first year of work under the new rules was difficult both for the customers-developers, and for us, as for the body of the unified state expertise of the Moscow region. We had to rebuild our work without stopping or slowing down the actual examination procedure. In a short time, it was possible to create three new departments within the Department of State Expertise. In spite of all the difficulties of the transition period, in 2007, conclusions on project documentation were issued by 35.63% more than in the previous year. However, it must be admitted that in such a situation it was not possible to avoid negative moments. There appeared queues in the department of acceptance of project documentation, it was not always possible to carry out the examination of the examination promptly, as required in the Decree of the Government of the Russian Federation dated 5.03.07 No. 145. We know these problems and take all possible measures to eradicate them. Everyone knows the difficulties of the transition period. Establishing the work of the examination in a new way requires time and understanding on the part of customers-developers. We will try to make the first step towards mutual understanding between the customer-developer and the body of state expertise in this article. To begin with, we will explain the main points of the procedure for organizing and conducting an examination.

Separation of powers between federal center and expertise of the constituent entities of the Federation

Since 2007, the following division of powers has been established between Glavgosexpertiza and the bodies of state expertise of the constituent entities of the Federation. Glavgosexpertiza is in charge of objects 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 the internal sea ​​waters and in the territorial sea, objects of defense and security, cultural heritage of 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 (we draw attention to the changes that were made to this article by the federal law of 4.12.07 No. 324-F3). Particularly hazardous and technically complex facilities include: facilities for using atomic energy; hydraulic structures of the first and second classes; line-cable communication facilities; power lines and other power grid facilities with a voltage of 330 kilovolts and more; objects of space and railway infrastructure; airports; subways; seaports, with the exception of specialized seaports intended for servicing sports and pleasure vessels; motor roads of general use of federal significance and related transport engineering structures; hazardous production facilities. The unique ones include those capital construction objects, the design documentation of which provides for at least one of the following characteristics: height more than 100 meters; spans over 100 meters; the presence of a console more than 20 meters; deepening of the underground part (in whole or in part) below the planned level of the earth by more than 10 meters; the presence of structures and structural systems in relation to which non-standard calculation methods are applied taking into account physical or geometric nonlinear properties, or special calculation methods are developed. The last position of this list requires clarification, as the 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, the following: tanks for storing oil and oil products with a capacity of more than 10 thousand cubic meters. m; drop-shaped and spherical tanks, gasholders; buildings and structures of complex non-rectilinear configuration; having coatings in the form of ribbed and ribbed-ring domes, mesh domes of shells, shells of double curvature, cable-stayed, membrane coverings, coverings of glued wooden elements, including frames, arches, crossbars, hanging coverings, etc .; buildings and structures with large area coatings with uneven load; objects, structures and engineering equipment of which are of an experimental nature. Design documentation and the results of engineering surveys for all objects that are not included in the above list are subject to examination by the appropriate body of the subject of the federation. It is worth noting that the current legislation provides for the possibility of conducting state examination at the federal level by other federal executive bodies, if this is the decision of 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 10.03.2000 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, testing of weapons, as well as military camps, industrial 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 you know, since 2007, the mandatory state examination of design documentation for some objects has been canceled. GU MO "Mosoblgosexpertiza" on numerous inquiries explains that it is possible to establish whether this or that documentation is subject to examination, guided by cl. 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 in the case of complete coincidence of the features specified in one of the paragraphs of Parts 2 and 3 of Article 49 and Part 17 of Article 51, with the parameters of a particular object, a mandatory state examination is not carried out. GU MO "Mosoblgosexpertiza" does not have the right to give any of its own currents to the Civil Code of the Russian Federation. For example, clause 1 of part 2 of article 49 states that an examination is not required without fail if you are building an individual residential building with a height of no more than three floors. We draw the attention of customers-developers that the city building 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 storeys, i.e. expertise is required. Similarly, a 2-storey administrative building with attic floor- this is a detached capital construction object with 3 floors, i.e. It is impossible to “bring” such an object under clause 4 of part 2 of article 49. In this case, state expertise is also required if the total area of ​​this building is less than 1500 sq. M. In addition, state expertise is not carried out for standard design documentation and its modifications that do not affect the structural and other characteristics of reliability and safety. The criteria for classifying project documentation as standard project documentation are (hereinafter referred to as the Regulation on the criteria for classifying project documentation as standard project documentation, as well as modified standard project documentation that does not affect the structural and other characteristics of reliability and safety of capital construction projects, approved by the Order of the Ministry of Regional Development 07/09/07 No. 62): - a positive conclusion of the state expertise in relation to the applicable standard design documentation, issued to any person no earlier than 7 (seven) years before the day the decision is made to reapply the design documentation; - the 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 the capital construction facility built on the basis of the applicable standard design documentation, the requirements of such design documentation, other regulatory legal acts; - a document confirming the compliance of the climatic, hydrogeological and other conditions specified in the standard project documentation in which it can be applied, the conditions in which it is to be applied repeatedly, signed by the person preparing the standard project documentation; - availability of a document confirming the right of the developer (customer) to use standard project documentation, if the exclusive right to this standard project documentation belongs to another person (agreement on alienation of exclusive rights, license agreement, sublicense agreement, etc.). The criteria for classifying the project documentation as a modified standard project documentation that does not affect the reliability and safety characteristics of capital construction facilities are: - the existence of criteria for classifying the project documentation as the standard project documentation specified above; - a conclusion confirming that the modification of the standard design documentation does not affect the structural and other characteristics of the reliability and safety of the capital construction facility, signed by the person preparing the standard design documentation. When referring design documentation to standard design documentation or to modified standard design documentation that does not affect the reliability and safety characteristics of capital construction facilities, it is necessary to have a set of criteria specified in the Regulation approved by the Ministry of Regional Development of the Russian Federation. If all the criteria for classifying the project documentation as a typical project documentation or its modification are available, then the results of engineering surveys, design solutions for foundations, a master plan and engineering support, as indicated in clause 15 of the "Provisions on the organization and examination of project documentation", in other words, the "binding" of 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 a 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 design estimates to confirm the economic feasibility of the decisions made by the project and the compliance of the estimate documentation with the current rules and regulations in the field of pricing.

Composition of project 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 project documentation and the results of engineering surveys" (No. 145 dated March 5, 2007). Taking into account the changes in this document, approved by Decree of the Government of the Russian Federation of December 29, 2007 No. 970, the developer must submit an application for a state examination, project documentation, copies of design assignments and engineering surveys, and the results of engineering surveys. 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 developed when 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, the Civil Code of the Russian Federation and the instructions of SNiP 11-01-95 should be followed in the part that does not contradict the code. In December 2007, amendments were made to the law “On the introduction of Urban Development Code". According to the new change, the introduction of Part 4 of Article 9, Part 6 of Article 45, Part 3 of Article 52 was postponed until January 1, 2010, which refer to the full transition to work only if there are duly approved territorial planning documents, land use and development rules. Thus, until 2010, there may be a place for territories for which territorial planning documents, land use and development rules have not been approved in the prescribed manner, the previously existing procedure under which the developer did not receive town planning plan land plot, and the APZ carried out urban planning, or urban planning justification, or a planning project, based on a specific situation at the request of the architecture authorities. In this regard, the examination requirements for the composition of the initial permitting documentation remain unchanged. And we will not require the Urban Planning Plan of the land plot without fail until 2010. It should be noted that the working documentation is not subject to examination, although when checking the project, the examination bodies can request everything related to the assessment of the structural reliability, operational safety of the facility. Thus, the examination has the right to request, and the developer and the design organization are obliged to submit, upon this request, both working documentation and the results of calculations of structural elements and other materials.

Expertise cost

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 project documentation and the results of engineering surveys" (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 projects of residential buildings. For these objects, the cost of expertise does not depend on how much the customer-developer paid to the design organization for the design and survey, because it is based on two parameters residential building: building area and total area. For all objects, except for residential ones, the cost is set as a percentage of the cost of design and survey work and engineering surveys. The maximum is 33.75% (previously it was 20%). To determine the cost of the 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 design and survey organizations. To develop these estimates, reference books of the base 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, payment is due to the examination of the results of engineering surveys and the variable part of the project, which, by habit, we also call the "binding" of a standard project.

Terms of examination

The term for conducting a 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, which are sent for state examination before sending the design documentation 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 unique objects; c) design documentation or design documentation and the results of engineering surveys in relation to capital construction objects, the construction, reconstruction and (or) overhaul of which will be carried out in special economic zones.

FAQ

Is there an examination of the planning project and the land survey project? There are no requirements for mandatory examination of these documents in the Civil Code of the Russian Federation. However, as far as planning projects are concerned, the Administrations of cities and districts, which are entrusted with the authority to approve these documents, have the right to involve expertise to carry out their comprehensive analysis, since at this stage, fundamental issues of social, engineering and transport infrastructure are being resolved. Already, an openly commercial approach to the development of new quarters and micro-districts, the compaction of the existing existing buildings, the placement of multi-storey residential buildings in rural areas is causing concern. The investor aims to get as many square meters of housing as possible for sale. He does not care at all, but how the reliable functioning of the engineering infrastructure will be ensured, whether the road network will cope with the increased traffic flows, where future residents will take their children to school or to a kindergarten, where they will be provided medical assistance... In this situation, an expert examination could act to protect the interests of citizens, but the submission of documentation for expert examination at this stage practically ceased with rare exceptions. It is worth recalling that if the 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 that, with reasonable care, submit planning projects for examination. What should the planning project be in order for it to pass “painless” approval at your Institution? GU MO "Mosoblgosexpertiza" recommends that SNiP 11-04-03 "Instructions on the procedure for the development, coordination and approval of urban planning documentation" be followed. The layout project in terms of composition and content should be closer to the previously existing concept of "development project" (in the new Civil Code of the Russian Federation there is no such concept), since only in this case this document can become a full-fledged basis for the further development of construction projects. The explanatory note should provide justifications for the architectural and planning and volumetric-spatial solutions for development, the sequence of construction, types and types of residential and public buildings and them constructive solutions, systems of engineering arrangement 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 contains proposals for the dispatching of engineering systems, sanitary and technical maintenance of residential and public buildings, other building elements and external improvement of the territory. Graphic materials are developed on a scale of 1: 500 or 1: 1000 as part of: a general development plan, a landscaping and landscaping plan, a relief organization scheme, a plan of earth masses, and engineering infrastructure schemes. 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 on the approval of the planning project further in the event that the result of the examination is a negative conclusion, i.e. the final decision is taken by the local authorities. To date, the planning project is considered by the Glavarkhitektura and a document is issued, is it enough? This is an agreement, not an examination. What is the definition of auxiliary structures for which an examination is not required? What is your Institution's practice regarding auxiliary use items? We are not authorized to set these criteria. They are established only at the federal level. It is not necessary to separate engineering infrastructure objects (TP, central heating station, VNS, SPS) from the main, for example, a residential facility. Yes, for a residential building these are auxiliary objects, but it is impossible to assess the quality of a residential building project without considering decisions on these auxiliary objects. It depends on them whether there will be water, heat, light in every apartment, whether firefighters will be able to extinguish the fire, if, God forbid, it happens. The customer must submit a comprehensive project for examination. Sometimes there are more questions on auxiliary objects than on the main one. According to the state expertise of the Moscow region, it is necessary to conduct an examination of the facility together with the engineering infrastructure. What should be the SNiPs to be guided by now, in relation to those projects that were designed according to the old SNiPs and are they specified in the contract? Gosstroy on this occasion recommended the use of newer documents. Project documentation can receive a positive expert opinion if it fully complies with the current standards at the time of the expert examination. Is the working documentation subject to expert review? Working documentation should be developed in accordance with the project, which received a positive expert opinion. Working documentation is not subject to examination. Nevertheless, when considering a project, the expertise may request from you everything related to structural reliability, operational safety, then you are obliged to provide what is requested. What documents and to what extent are now required for environmental impact assessment? Nowadays, there is no such thing as an environmental review of project documentation. Let me remind you that at present there is a unified state examination, which has been in effect since January 1, 2007. Conducting any other examinations from this time on is prohibited. As part of our Institution, a department has been created that is engaged in checking project documentation for compliance with environmental requirements. I draw your attention to the fact that the customer does not submit separately the documentation for environmental impact assessment. GU MO "Mosoblgosexpertiza" should conduct a comprehensive examination of your project in a maximum of 90 days, and residential buildings in 45 days. Is there anything to replace the urban planning plan? Of course, we do not stop working because of his absence. At the same time, you need to provide us with a full set of initial permits. In addition, amendments were made to the Federal Law "On the Enactment of the Urban Planning Code" (dated 4.12.07 No. 324-F3), according to which the transition period associated with objective difficulties in the development of territorial planning documents, planning and development rules was extended until 2010 d. What are the criteria for evaluating project documentation and engineering survey results during expert examination? The subject of state expertise of project documentation is the assessment of its compliance with the requirements technical regulations... But we still do not have these very regulations. It is not necessary to wait for their appearance, but it is necessary to be guided in the design by those standards that are in force today. Construction, sanitary, environmental, fire-prevention and other norms and rules, previously developed and operating in the field of construction, have concentrated in themselves a wealth of experience and knowledge in the field of design. Mandatory character remains with these documents in that part of the requirements that correspond to the goals of the Law "On Technical Regulation": protection of 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 misleading purchasers. Compliance with these standards will, as before, be monitored during the examination of project documentation, and during construction, and during the commissioning of facilities. Of course, the information provided in this article cannot answer all the questions that customers have - developers in the preparation of 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, to express their comments and suggestions, to ask questions.

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