home-Cosmetics and makeup-The procedure for conducting state examination of design documentation. Duration of state examination of design documentation: when is it minimal?

The procedure for conducting state examination of design documentation. Duration of state examination of design documentation: when is it minimal?

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1. Electronic applications within the sphere of competence of the Ministry of Construction of Russia, filled out in accordance with the attached form, are accepted for consideration.

2. An electronic appeal may contain a statement, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry ensures objective, comprehensive and timely consideration of applications. Review of electronic appeals is free of charge.

4. In accordance with Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation,” electronic appeals are registered within three days and sent, depending on the content, to the structural divisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues the solution of which is not within the competence of the Ministry of Construction of Russia is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

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- absence of the applicant’s surname and name;
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- absence of punctuation marks in the text, presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already been given a written answer on the merits in connection with previously sent appeals.

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ON THE PROCEDURE FOR ORGANIZING AND CONDUCTING STATE EXAMINATION OF DESIGN DOCUMENTATION AND RESULTS OF ENGINEERING SURVEYS

(as amended by Resolutions of the Government of the Russian Federation dated December 29, 2007 N 970, dated February 16, 2008 N 87, dated November 7, 2008 N 821, dated September 27, 2011 N 791)

In pursuance of Part 11 of Article 49 of the Town Planning Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Regulations on the organization and conduct of state examination of design documentation and engineering survey results.
2. Establish that:
a) paragraphs 46 - 48 of the Regulations approved by this resolution are subject to application from January 1, 2009;
dated December 29, 2007 N 970)
b) state examination of design documentation for capital construction projects and the results of engineering surveys carried out for such objects is organized and carried out:
Part 5.1 of Article 6 of the Town Planning Code of the Russian Federation (except for the objects specified in paragraphs three and four of this subclause) - a state institution subordinate to the Ministry of Regional Development of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation dated November 7, 2008 N 821)
in relation to the objects specified in part 5.1 of article 6 of the Town Planning Code of the Russian Federation, which are objects of the military infrastructure of the Armed Forces of the Russian Federation, - by the Ministry of Defense of the Russian Federation, in relation to other defense and security facilities under the jurisdiction of federal executive bodies - by federal executive bodies authorities authorized to conduct state examination of design documentation and engineering survey results by decrees of the President of the Russian Federation;
in relation to unique objects, the construction, reconstruction, major repairs of which are supposed to be carried out on the territory of the city of Moscow - by the executive authority of the city of Moscow or a government agency subordinate to it (before January 1, 2011);
in relation to other objects - by executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to these authorities authorized to conduct state examination of design documentation and engineering survey results;
c) when conducting a state examination of design documentation and engineering survey results, assessment of design documentation and engineering survey results for compliance with the requirements that were the subject of sanitary and epidemiological examination, state environmental examination, state historical and cultural examination, state examination of working conditions, state examination in the field of protection population and territories from emergency situations and industrial safety examinations are not carried out if, before the entry into force of the Regulations approved by this resolution, positive conclusions are received based on the results of these examinations, and also if positive conclusions based on the results of these examinations are obtained based on materials sent to carry out these examinations before January 1, 2007. The conclusions of these examinations are taken into account when preparing conclusions of the state examination of design documentation and engineering survey results;
d) state examinations of design documentation and engineering survey results, begun before the entry into force of the Regulations approved by this resolution, are subject to completion by the bodies (state institutions) that began them. Repeated state examinations of design documentation and engineering survey results can be carried out until January 1, 2008 by bodies (state institutions) that issued negative conclusions based on the results of the initial state examinations;
e) the summary conclusion of the state examination of design documentation, issued before the entry into force of the Regulations approved by this resolution, and containing conclusions on the recommendation of design documentation for approval, is equivalent to a positive conclusion of the state examination of design documentation and engineering survey results. The said summary conclusion, as well as the positive conclusion of the state examination of the design documentation, issued in accordance with the Regulations approved by this resolution, before the entry into force of the acts of the Government of the Russian Federation provided for in subparagraph "a" of paragraph 3 and paragraph 4 of this resolution, and containing a positive assessment of the estimate cost carried out in the cases specified in subparagraph "i" of this paragraph in relation to a capital construction project, the construction or reconstruction of which is financed in whole or in part from the federal budget, are equated to positive conclusions on efficiency, reliability and assessment of the validity of the use of funds the federal budget allocated for capital investments;
f) before approval of the requirements for the composition, content and procedure for drawing up the conclusion of the state examination of project documentation and

Conducting a state examination is one of the key stages in the process of construction of buildings and structures. It is this that becomes a “stumbling block” for many construction companies. And the reason is not only the strict order of the procedure, but also the timing of it. Unfortunately, not everyone knows the legal requirements, 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 examination

The legislation of the Russian Federation clearly defines the upper period allocated for state examination of the project and surveys in the engineering sector. Thus, taking into account provision No. 7 of Article 49 of the Civil Code of the Russian Federation, the period is determined taking into account the complexity of the structure and should not be more than two months (60 days). As for the minimum period, it is not specified, which guarantees a certain freedom of action for the inspection structure.

It is impossible not to note another paragraph (No. 29), which discusses the features (procedure and organization) of the state examination. It mentions that the verification can take place faster (up to 45 days). This is relevant:

  • For design documents relating to residential buildings. This also includes non-residential buildings that do not belong to the category of unique objects.
  • For research in the engineering sector, which is sent for examination to the main papers for the project.
  • For design documentation relating to capital construction projects, as well as reconstruction of structures located in the economic zone.

In addition, paragraph No. 30 states that the period for conducting a state examination can be shortened for structures for which the documentation is checked by local authorities of the Russian Federation or by subordinate government agencies. In the case of state expertise, it is worth taking into account not only the fixed deadlines specified in the regulations, but also the terms of the contract. The participants in the latter are two parties - the structure that conducts the inspection and the applicant. Such documents, as a rule, are regulated at the legislative level, taking into account the conditions of the Civil Code of the Russian Federation.

According to the Civil Code, the parties to the agreement have the right to individually determine the period for conducting the inspection, as well as stipulate the conditions when the deadlines can be extended. It turns out that if the period mentioned in the agreement is not enough for the applicant, he puts forward his own conditions and refuses to sign the agreement before they are accepted. But it is worth considering that in some cases the state examination is mandatory, which forces the applicant to agree to the terms proposed by the other party.

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

  • Recommendations of the customer (applicant).
  • Conditions of the regulations.
  • Current rules.
  • Stated deadlines for the state examination.
  • Required labor resources and so on.

Types and timing of examination and related papers

As mentioned, the time for conducting a state examination is up to 60 days or up to 45 days (in exceptional cases). But there are situations when the process can be suspended. The basis for such a decision may be the preparation and submission of a corresponding application, which stipulates the need to make adjustments to one or more sections.

Situations are possible when the authorized structure makes a negative decision. This is explained by 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 they do not contain sections that must take place taking into account the requirements of the legislation of the Russian Federation.

A negative decision is sometimes made when the submitted 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 state examination, but it is not subject to verification or the papers contain unforeseen or inconsistent stamps.

As mentioned, the applicant’s appeal is reviewed within 72 hours, after which a written decision is issued. In this case, the executive body may refuse not only to consider documents, but also to accept them. The latter is possible in case of errors when filling out the fields when submitting an application, as well as in the case of transmitting contradictory (deliberately false) information.

The decision made is transmitted through the Portal and must be signed by a representative of the Moscow State Expertise. Next, the decision is sent to the applicant’s personal account for review.

In relation to the timing of the state examination of design documentation, the following points should be taken into account:

  • Verification of calculations of the estimated price of a capital construction project is carried out within the period specified in the agreement between the parties. Only the upper period is limited, which by law should not exceed thirty days. If it so happens that the estimate documentation is checked during the same period when the state examination is carried out, then the period is limited to the period of expert assessment of design documents and surveys.
  • Non-state examination. For many objects, it is possible to conduct an expert inspection without the involvement of government agencies. In this case, the work is performed by certain companies, and the deadlines for completing the work are determined by an agreement drawn up between the two parties. The maximum inspection period can be either within the established standards (45 days) or longer.
  • Checking estimate documentation. As in the previous case, a contract is drawn up to estimate the estimate for the construction work. The document specifies the specifics of interaction between the parties, as well as the period for carrying out the work.
  • Monitoring the correct use of estimates, indices and methods used when preparing estimates. There are also a number of requirements from the current regulations. The timing of the inspection is 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 deadlines for execution) are determined by the agreed text of the agreement.

As can be seen from the article, the timing of expert assessment by government agencies and authorized legal entities is “floating” and depends on the complexity of the object. The difference is that in relation to state examination, the upper period still has a limit of 45 days. Thanks to this, the customer can plan construction work and spend time on solving bureaucratic procedures. If the issue of conducting an examination is resolved earlier, then this can only be beneficial.

Sources: WE BUILD SIMPLY

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 of design documentation and engineering survey results.” Point 29.

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

Project documentation for residential capital construction projects, 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 repairs of 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 the timing of the examination of project documentation is 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 shortest possible turnaround time for the work to be completed 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.



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