home-Outerwear-Regulations on the examination of design documentation. Duration of state examination of design documentation: when is it minimal?

Regulations on the examination of design documentation. Duration of state examination of design documentation: when is it minimal?

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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

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GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT ORGANIZATION AND CARRYING OUT

STATE EXAMINATION OF DESIGN DOCUMENTATION

AND RESULTS OF ENGINEERING SURVEYS

(as amended by Decrees of the Government of the Russian Federation dated December 29, 2007 N 970,

dated 16.02.2008 N 87, dated 07.11.2008 N 821, dated 27.09.2011 N 791)

Decree of the Government of the Russian Federation of March 5, 2007 N 145 Moscow On the procedure for organizing and conducting state examination of design documentation and engineering survey results
Resolution on the procedure for conducting state examination of engineering survey results
Government Decree on the procedure for organizing and conducting state examination of design documentation and engineering survey results
Date of signing: 03/05/2007
Date of publication: 03/15/2007 00:00
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, 2008;
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:
in relation to the objects specified in part 51 of article 6 of the Town Planning Code of the Russian Federation (except for the objects specified in paragraphs three and four of this subparagraph) - by a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services;
in relation to the objects specified in part 51 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 design documentation and the results of engineering surveys, these conclusions are drawn up in any form;
g) before the entry into force of the act regulating the composition and requirements for the content of sections of design documentation submitted for state examination, the composition and requirements for the content of sections of this documentation are determined by the regulatory technical requirements for its development;
h) before January 1, 2008, the conclusion of the state examination of design documentation and engineering survey results is signed by the persons participating in the conduct of this state examination;
i) before the entry into force of the act of the Government of the Russian Federation specified in subparagraph “a” of paragraph 3 of this resolution, assessment of compliance of the estimated cost of a capital construction project, the construction or reconstruction of which is financed in whole or in part from the federal budget, with standards in the field of estimated standardization and pricing is carried out simultaneously with the state examination of the design documentation of the corresponding capital construction project by the authorities (state institutions) carrying out this examination, and the results of the assessment are reflected in the conclusion of the state examination. There is no charge for this assessment.
3. To the Ministry of Regional Development of the Russian Federation:
a) before May 1, 2007, submit in the prescribed manner a draft act of the Government of the Russian Federation regulating the procedure for verifying the accuracy of the determination in project documentation of the estimated cost of capital construction projects, the construction or reconstruction of which is financed in whole or in part from the federal budget;
b) before June 1, 2007, submit in the prescribed manner a draft act of the Government of the Russian Federation regulating the composition and requirements for the content of sections:
design documentation in relation to various types of capital construction projects, including linear objects;
design documentation in relation to individual stages of construction and reconstruction of capital construction projects;
design documentation submitted for state examination of design documentation;
c) before July 1, 2007, in agreement with the Ministry of Economic Development and Trade of the Russian Federation and the Ministry of Finance of the Russian Federation, submit proposals to the Government of the Russian Federation on improving the procedure for determining the amount of fees for conducting state examination of design documentation and engineering survey results;
d) within a 3-month period, approve the criteria for classifying project documentation as standard design documentation, as well as modified standard design documentation that does not affect the reliability and safety characteristics of capital construction projects.
4. Before May 1, 2007, the Ministry of Economic Development and Trade of the Russian Federation must submit, in the prescribed manner, a draft act of the Government of the Russian Federation regulating the procedure for conducting inspections and issuing conclusions on the effectiveness and assessment of the validity of the use of federal budget funds allocated for capital investments.
5. Federal Agency for Construction and Housing and Communal Services:
a) determine a list of documents in the field of estimate regulation and pricing recommended for determining the cost of design and engineering survey work;
b) approve the procedure for maintaining a register of issued conclusions of state examination of design documentation and engineering survey results and providing information contained in this register;
c) determine a state institution subordinate to it, authorized to conduct a state examination of design documentation and engineering survey results;
d) approve within 3 months the requirements for the composition, content and procedure for drawing up the conclusion of the state examination of design documentation and engineering survey results;
e) approve the procedure for certification of state experts before July 1, 2007;
f) approve the procedure for transferring design documentation and (or) engineering survey results for state examination if it is impossible to carry it out in the constituent entity of the Russian Federation at the location of the land plot on which construction, reconstruction, or major repairs of a capital construction project are expected to be carried out.
6. Decree of the Government of the Russian Federation dated December 27, 2000 N1008 “On the procedure for conducting state examination and approval of urban planning, pre-design and design documentation” (Collected Legislation of the Russian Federation, 2001, N 1, Art. 135) shall be declared invalid.
Chairman of the Government
Russian Federation
M. Fradkov
Regulations on the organization and conduct of state examination of design documentation and engineering survey results
I. General provisions
1. These Regulations determine the procedure for organizing and conducting state examination of design documentation and engineering survey results in the Russian Federation (hereinafter referred to as the state examination), the procedure for determining the amount of the fee for conducting the state examination, as well as the procedure for collecting this fee.
This Regulation is subject to application by all executive authorities and government agencies authorized to conduct state expertise, with the exception of cases where a different procedure for conducting state expertise is established by the legislation of the Russian Federation for federal executive authorities authorized to conduct state expertise by decrees of the President of the Russian Federation.
2. The concepts used in these Regulations mean the following:
“applicant” - the customer, developer or a person authorized by any of them who applied for a state examination;
“organizations for conducting state examination” - executive authorities authorized to conduct state examination, state institutions subordinate to these bodies, a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services;
“construction stage” - construction or reconstruction of a capital construction project from among capital construction projects planned for construction, reconstruction on one land plot, if such a facility can be put into operation and operated autonomously (that is, regardless of the construction or reconstruction of other capital construction projects on this land plot), as well as the construction or reconstruction of a part of a capital construction project, which can be put into operation and operated autonomously (that is, regardless of the construction or reconstruction of other parts of this capital construction project).
3. The organization for conducting state examination is obliged to:
explain free of charge, at the request of interested parties, the procedure for conducting state examination; take measures to ensure the safety of documents submitted for the state examination, as well as to ensure non-disclosure of design decisions and other confidential information that has become known to this organization in connection with the state examination.
4. The organization for conducting state examination does not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.
5. Design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation are subject to state examination, except for the cases specified in paragraphs 6-8 of these Regulations.
6. Design documentation and the results of engineering surveys performed to prepare such design documentation in relation to the following capital construction projects are not subject to state examination:
a) detached residential buildings with no more than 3 floors, intended for one family (individual housing construction projects);
b) residential buildings with no more than 3 floors, consisting of no more than 10 blocks, each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks, is located on a separate plot of land and has access to public territory (blocked residential buildings);
c) apartment buildings with no more than 3 floors, consisting of no more than 4 block sections, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area;
d) separate capital construction projects with no more than 2 floors, the total area of ​​which is no more than 1500 sq. m. meters and which are not intended for citizens’ residence and production activities;
e) separate capital construction projects with no more than 2 floors, the total area of ​​which is no more than 1500 sq. m. meters that are intended for production activities and for which it is not necessary to establish sanitary protection zones or it is required to establish sanitary protection zones within the boundaries of the land plots on which such objects are located.
7. Design documentation and the results of engineering surveys performed to prepare such design documentation are not subject to state examination in cases where a construction permit is not required, namely in the following cases:
a) construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or summer cottage farming;
b) construction, reconstruction of objects that are not capital construction projects (kiosks, sheds and others);
c) construction of buildings and structures for auxiliary use on the land plot;
d) changes to capital construction projects and (or) their parts, if such a change does not affect the structural and other characteristics of their reliability and safety and does not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations.
8. State examination of design documentation is not carried out in relation to design documentation of capital construction projects that previously received a positive conclusion from the state examination of design documentation and is being reused (hereinafter referred to as standard design documentation), or modifications of such design documentation that do not affect the structural and other characteristics of reliability and safety capital construction projects.
If the construction of a capital construction project will be carried out using standard design documentation or modifications of such design documentation, the results of engineering surveys are subject to state examination, regardless of the fact that state examination of design documentation is not carried out.
9. The powers of a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services include organizing and conducting state expertise in relation to the following types of capital construction projects:
a) objects, construction, reconstruction and (or) major repairs of which are expected to be carried out in the territories of 2 or more constituent entities of the Russian Federation;
b) objects, construction, reconstruction and (or) major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters and in the territorial sea of ​​the Russian Federation;
c) defense and security objects, other objects, information about which constitutes a state secret (with the exception of objects in respect of which state examination is assigned by decrees of the President of the Russian Federation to the powers of federal executive authorities);
d) objects of cultural heritage (historical and cultural monuments) of federal significance (during major repairs in order to preserve them);
e) especially dangerous and technically complex objects;
f) unique objects (with the exception of objects in respect of which state examination was assigned until 2011 to the powers of the executive authority of Moscow).
10. Particularly dangerous and technically complex objects include:
a) nuclear energy facilities, including nuclear installations, storage facilities for nuclear materials and radioactive substances;
b) hydraulic structures of the first and second classes, installed in accordance with the legislation of the Russian Federation on the safety of hydraulic structures;
c) line-cable communication structures and communication structures, determined in accordance with the legislation of the Russian Federation;
d) power lines and other power grid facilities with a voltage of 330 kilovolts or more;
e) space infrastructure facilities;
f) airports and other aviation infrastructure facilities;
g) public railway transport infrastructure facilities;
h) subways;
i) sea ports, with the exception of specialized sea ports intended for servicing sports and pleasure vessels;
j) public roads of federal significance and related transport engineering structures;
k) hazardous production facilities where:
hazardous substances in quantities exceeding the limit are obtained, used, processed, formed, stored, transported, or destroyed. Such facilities and the maximum amount of hazardous substances are indicated respectively in Appendices 1 and 2 to the Federal Law “On Industrial Safety of Hazardous Production Facilities” (hereinafter referred to as the Federal Law);
the equipment specified in paragraph 2 of Appendix 1 to the Federal Law is used;
melts of ferrous and non-ferrous metals and alloys based on these melts are obtained;
mining operations, mineral processing work, and underground work are underway;
permanently installed cable cars and funiculars are used.
11. Unique objects include capital construction projects, the design documentation of which provides for one of the following characteristics:
a) height more than 100 meters;
b) spans of more than 100 meters;
c) the presence of a console more than 20 meters long;
d) deepening the underground part (in whole or in part) below the planning level of the ground by more than 10 meters;
e) 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.
12. State examination in relation to objects not specified in paragraph 9 of these Regulations, and objects in respect of which state examination is assigned by decrees of the President of the Russian Federation to the powers of other federal executive authorities, is carried out by executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination or government agencies subordinate to them.
II. Submission of documents for state examination
13. To conduct a state examination of both design documentation and the results of engineering surveys performed to prepare such design documentation, the following are submitted:
a) an application for a state examination, which indicates:
identification information about the performers of the work - the persons who prepared the design documentation and carried out the engineering surveys (last name, first name, patronymic, details of identity documents, postal address of the individual entrepreneur’s place of residence, full name, location of the legal entity);
identification information about the capital construction project, design documentation and (or) the results of engineering surveys in respect of which are submitted for state examination (name of the project(s) of proposed construction (reconstruction, major repairs), postal (construction) address of the capital construction project(s), main technical and economic characteristics of the capital construction object (objects) (area, volume, length, number of floors, production capacity, etc.);
identification information about the applicant (last name, first name, patronymic, details of identity documents, postal address of the place of residence of the developer (customer) - an individual, full name of the legal entity, location of the developer - a legal entity, and if the developer (customer) and the applicant is not the same person - the specified information also applies to the applicant);
b) copies of title documents for the land plot on which construction, reconstruction, major repairs of a capital construction project are expected to be carried out;
c) a copy of the urban planning plan of the land plot on which construction or reconstruction of a capital construction project is expected to be carried out;
d) design documentation for a capital construction project in accordance with the requirements (including the composition and content of sections of documentation) established by the legislation of the Russian Federation;
e) a copy of the design assignment;
f) the results of engineering surveys in accordance with the requirements (including the composition of these results) established by the legislation of the Russian Federation;
g) a copy of the assignment for performing engineering surveys;
h) the conclusion of the state environmental examination in the event that design documentation is submitted for the state examination for capital construction projects, the construction, reconstruction or major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters or in territorial sea of ​​the Russian Federation;
i) documents confirming the applicant’s authority to act on behalf of the developer, customer (if the applicant is not the customer and (or) developer), in which the authority to conclude, amend, execute, terminate the agreement on conducting a state examination (hereinafter referred to as the agreement) must be specifically stated.
14. To conduct a state examination of the results of engineering surveys, before sending design documentation for state examination, the documents specified in subparagraphs “a” - “c” and “e” - “i” of paragraph 13 of these Regulations are submitted.
15. To conduct a state examination of the results of engineering surveys in the cases specified in paragraph 8 of these Regulations, the documents specified in subparagraphs “a” - “c” and “e” - “i” of paragraph 13 of these Regulations are submitted, as well as:
a) design documentation for external utility networks and design solutions for foundations;
b) a positive conclusion of the state examination in relation to the applied standard design documentation (modified standard design documentation), issued to any person no earlier than 3 years before the date of filing an application for a state examination of the results of engineering surveys;
c) a document confirming the right of the developer (customer) to use standard project documentation, the exclusive right to which belongs to another person (agreement on the alienation of the exclusive right, license agreement, sublicense agreement, etc.).
16. To conduct a state examination of design documentation, after a state examination of the results of engineering surveys carried out to prepare such design documentation, the documents specified in paragraph 13 of these Regulations are submitted (except for a copy of the assignment for performing engineering surveys), and a positive conclusion of the state examination of the results of engineering surveys, while the results of engineering surveys are not re-submitted.
17. The organization for conducting state examination has the right to additionally request from the applicant the submission of calculations of design and technological solutions used in the design documentation, as well as engineering survey materials. The specified calculations and materials must be submitted by the applicant within 5 days after receiving the relevant request. Requesting other information and documents from applicants is not allowed.
18. The documents specified in paragraphs 13-16 of these Regulations are submitted on paper. The contract may stipulate that design documentation and engineering survey results may also be presented on electronic media.
19. Design documentation for a capital construction project may be presented in relation to individual stages of construction and reconstruction of a capital construction project.
20. If design documentation and the results of engineering surveys are subject to state examination by the executive authorities of the constituent entities of the Russian Federation or government agencies subordinate to them, the documents necessary for conducting the state examination are submitted to the organization for conducting the state examination of the constituent entity of the Russian Federation at the location of the land plot, on which it is proposed to carry out construction, reconstruction or major repairs of a capital construction project.
If, in relation to certain capital construction projects, it is not possible to carry out a state examination in the subject of the Russian Federation at the location of the land plot on which construction, reconstruction or major repairs of the capital construction project are to be carried out, the executive authority of this subject of the Russian Federation has the right to apply to Federal Agency for Construction and Housing and Communal Services with a request to send design documentation and (or) engineering survey results for state examination to another organization for conducting state examination. The procedure for filing a corresponding appeal and making a decision on it is established by the Federal Agency for Construction and Housing and Communal Services.
III. Verification of documents submitted for state examination
21. The organization for conducting the state examination, within 3 working days from the date of receipt from the applicant of the documents specified in paragraphs 13-15 of these Regulations, checks them. The period for conducting an inspection in relation to the objects specified in paragraph 9 of these Regulations should not exceed 10 working days.
22. Within the period specified in paragraph 21 of these Regulations, the applicant is presented (sent) a draft agreement with the calculation of the amount of the fee for conducting the state examination, signed by the organization for conducting the state examination, or a reasoned refusal to accept documents submitted for the state examination, or the specified documents must be returned without consideration.
23. Documents submitted for state examination are subject to return to the applicant without consideration on the following grounds:
a) state examination must be carried out by another organization for conducting state examination;
b) the submitted design documentation and (or) the results of engineering surveys performed to prepare such design documentation are not subject to state examination.
24. The grounds for refusal to accept design documentation and (or) engineering survey results submitted for state examination are:
a) the absence in the design documentation of the sections provided for in parts 12 and 13 of Article 48 of the Town Planning Code of the Russian Federation;
b) non-compliance of sections of project documentation with the requirements for the content of sections of project documentation established in accordance with Part 13 of Article 48 of the Town Planning Code of the Russian Federation;
c) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of the Town Planning Code of the Russian Federation;
d) submission of not all documents specified in paragraphs 13-15 of these Regulations necessary for the state examination, including the absence of a positive conclusion of the state examination of the results of engineering surveys (in the event that the design documentation is sent for state examination after the state examination of the results of engineering surveys ).
25. If the documents submitted for the state examination are returned without consideration or the documents are refused to be accepted, the specified documents are returned (with the exception of the application for the state examination) to the applicant.
If deficiencies in the documents submitted by the applicant, which served as the basis for refusing to accept them for state examination, can be eliminated without returning these documents and the applicant does not insist on their return, the organization conducting the examination sets a period for eliminating such deficiencies, which should not exceed 30 days.
26. Legal regulation of the contract is carried out according to the rules established by the civil legislation of the Russian Federation in relation to the contract for the provision of paid services. The agreement defines:
a) the subject of the contract;
b) the period for conducting the state examination and the procedure for its extension within the limits established by the Town Planning Code of the Russian Federation and these Regulations;
c) the amount of the fee for conducting the state examination;
d) the procedure, permissible limits and deadlines for making changes to the design documentation and (or) the results of engineering surveys in the process of conducting state examination;
e) the procedure and terms for returning to the applicant documents accepted for the state examination;
f) the terms of the contract, the violation of which is considered a significant violation, giving the parties the right to raise the issue of its early termination;
g) responsibility of the parties for non-fulfillment and (or) improper fulfillment of obligations arising from the contract, including for untimely return or acceptance of documents submitted for state examination.
IV. Conducting state examination
27. The subject of the state examination of design documentation is the assessment of its compliance with the requirements of technical regulations, including sanitary-epidemiological, environmental requirements, requirements for state protection of cultural heritage sites, fire, industrial, nuclear, radiation and other safety requirements, as well as the results of engineering surveys. The subject of the state examination of the results of engineering surveys is the assessment of their compliance with the requirements of technical regulations.
Before technical regulations on the organization of the territory, placement, design, construction and operation of buildings, structures, and structures come into force in accordance with the established procedure, a check is carried out for compliance of design documentation and engineering survey results with legal requirements, regulatory technical documents insofar as they do not contradict the Federal Law "On Technical regulation" and the Urban Planning Code of the Russian Federation.
28. The state examination begins after the applicant submits documents confirming payment of the fee for the state examination in accordance with the agreement, and ends with the sending (delivery) of the state examination report to the applicant.
29. The duration of the state examination should not exceed 3 months. A state examination is carried out within no more than 45 days:
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.
30. The legislation of the constituent entities of the Russian Federation may establish shorter periods for conducting state examination in relation to objects, state examination of design documentation and (or) the results of engineering surveys for which is carried out by executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to them.
31. When conducting a state examination of design documentation, prompt changes to the design documentation may be made in the manner established by the contract.
32. When conducting a state examination, the organization for conducting the state examination has the right to:
a) request from state authorities, local governments and organizations the information and documents necessary to conduct the state examination;
b) involve, on a contractual basis, other state and (or) non-state organizations, as well as specialists, in carrying out the state examination.
33. State authorities, local government bodies and organizations, no later than 10 days from the date of receipt of a written request from an organization for conducting a state examination to provide it with information and (or) documents necessary for conducting a state examination, send this organization the requested information and ( or) documents or notify in writing of the impossibility of submitting them, indicating the reasons.
V. Result of the state examination. Issuance of a state examination report to the applicant
34. The result of the state examination is a conclusion containing conclusions about compliance (positive conclusion) or non-compliance (negative conclusion):
a) design documentation in accordance with the requirements of technical regulations and the results of engineering surveys - if a state examination of the design documentation was carried out;
b) the results of engineering surveys in accordance with the requirements of technical regulations - if a state examination of the results of engineering surveys was carried out;
c) design documentation in accordance with the requirements of technical regulations and the results of engineering surveys, the results of engineering surveys in accordance with the requirements of technical regulations - in the event that a state examination of the design documentation and results of engineering surveys was simultaneously carried out.
35. If deficiencies are identified in the design documentation and (or) results of engineering surveys during the state examination (lack (incompleteness) of information, descriptions, calculations, drawings, diagrams, etc.), which do not allow drawing the conclusions specified in paragraph 34 of these Regulations, the organization conducting the state examination immediately notifies the applicant of the identified deficiencies and, if necessary, sets a deadline for their elimination. If the identified deficiencies cannot be eliminated during the state examination or the applicant has not eliminated them within the prescribed period, the organization conducting the state examination has the right to refuse further examination and raise the issue of early termination of the contract, which will notify the applicant in writing indicating the reasons for the decision.
36. The conclusion of the state examination is signed by the state experts who participated in the examination, and approved by the head of the organization for conducting the state examination or an official authorized by such a head.
37. Requirements for the composition, content and procedure for drawing up the conclusion of the state examination are established by the Federal Agency for Construction and Housing and Communal Services.
38. Project documentation cannot be approved by the developer or customer if there is a negative conclusion from the state examination of the project documentation.
A negative conclusion of a state examination may be challenged by the developer or customer in court.
39. The issuance of the state examination conclusion is carried out in the hands of the applicant or by sending a registered letter. A positive conclusion of the state examination is issued in 4 copies.
Design documentation, a copy of the design assignment, the results of engineering surveys and a copy of the assignment for performing engineering surveys must be returned to the applicant within the time frame and in the manner specified in the contract.
40. The organization for conducting state examination maintains a register of issued state examination conclusions, which indicates:
a) identification information about the performers of the work;
b) identification information about the capital construction project, design documentation and (or) the results of engineering surveys in respect of which are submitted for state examination;
c) identification information about the developer and the customer;
d) information about the result of the state examination (negative or positive conclusion);
e) date of issue and details of the conclusion.
41. The information contained in the register of issued state examination reports is open and is provided to any person within 10 days from the date the organization conducting the state examination receives a written request.
The procedure for maintaining the register of issued state examination reports and providing information contained in the register is established by the Federal Agency for Construction and Housing and Communal Services.
42. When conducting a state examination, a state examination case is opened. State examination cases are classified as permanent archival documents. Their destruction, as well as correction and (or) seizure of documents contained in them are not allowed. The state examination file includes:
a) applications for state examination (primary and repeated);
b) a copy of the agreement;
c) documents containing conclusions made by organizations and (or) specialists involved on a contractual basis in conducting the examination;
d) conclusions of the state examination (primary and repeated);
e) other documents (copies of documents) related to the conduct of the state examination, as determined by the legislation of the Russian Federation and the organization for conducting the state examination.
43. In case of loss of the state examination conclusion, the applicant has the right to receive a duplicate of this conclusion from the organization for conducting the state examination. A duplicate is issued free of charge within 10 days from the date the specified organization receives a written request.
VI. Repeated state examination
44. Design documentation and (or) the results of engineering surveys can be sent again (2 or more times) for state examination after eliminating the deficiencies specified in the negative conclusion of the state examination.
Repeated state examination is carried out in the manner prescribed by these Regulations for conducting the initial state examination.
If the deficiencies that served as the basis for the negative conclusion of the state examination can be eliminated without returning these documents and the applicant does not insist on their return, the organization for conducting the state examination sets a deadline for eliminating such deficiencies. In this case, the documents submitted for state examination are not returned to the applicant. After they have been finalized, the applicant submits to the organization for conducting the state examination a part of the design documentation and (or) the results of engineering surveys with the changes made and a certificate describing these changes.
45. When conducting a repeated state examination, the part of the design documentation and (or) the results of engineering surveys in which changes have been made is subject to expert assessment, as well as the compatibility of the changes made with the design documentation and (or) the results of engineering surveys in respect of which a state examination was previously carried out expertise.
If, after the initial (previous repeated) state examination, changes are made to the legislation of the Russian Federation that may affect the results of the state examination, the submitted design documentation and (or) engineering survey results in full may be subject to expert assessment.
VII. State experts
46. ​​The exclusive right to prepare state expert opinions is vested in persons certified in the manner established by the Federal Agency for Construction and Housing and Communal Services as state experts.
47. When conducting a state examination, the state expert is independent and is obliged to be guided only by the requirements of the legislation of the Russian Federation. No one has the right to give binding instructions to the state expert regarding conclusions regarding the compliance or non-compliance of project documentation with the requirements of technical regulations and the results of engineering surveys, compliance or non-compliance of engineering surveys with the requirements of technical regulations.
48. A state expert does not have the right to participate in a state examination if the results of the examination are of property or other personal interest to him, including if he himself or his close relatives (parents, spouse), children).
49. The procedure for certification (re-certification) of state experts should regulate:
a) qualification requirements for state experts in accordance with their areas of activity;
b) the procedure for submitting documents for certification (re-certification), admission to qualification testing, issuance of a state expert certificate, extension of the validity period of the certificate and the grounds for its extension;
c) forms for checking the qualifications of an applicant for obtaining the status of a state expert or state expert (oral examination, testing, interview);
d) cases when certification (re-certification) of state experts can be carried out without checking their qualifications;
e) grounds for refusal of admission to check the qualifications of an applicant for obtaining the status of a state expert;
f) the grounds and procedure for revocation of a state expert’s certificate.
50. Qualification requirements for government experts include:
a) requirements for professional education;
b) requirements for work experience in the relevant field of activity;
c) requirements for knowledge of the legislation of the Russian Federation in the field of urban planning, technical regulation, ensuring the safety of capital construction projects in terms of design, carrying out engineering surveys for the purpose of design, construction and operation of these facilities.
VIII. Fee for state examination
51. The amount of the fee for conducting a state examination of the results of engineering surveys carried out for construction, reconstruction, major repairs of residential capital construction projects (RPIZH) is determined by the formula:
RPizh = BSizh x Ki,
Where:
BSizh - the base cost of the state examination of the results of engineering surveys carried out for construction, reconstruction, major repairs of residential capital construction projects (in rubles);

52. The base cost of the state examination of the results of engineering surveys carried out for the construction, reconstruction, major repairs of residential capital construction projects (BSIZH) is determined by the formula:
BSizh = Aizh + Vizh x Hzh,
Where:
Aizh is the first constant value, equal to 13,000 rubles; Vizh is the second constant value, equal to 5 rubles; Хж - land area measured within the perimeter of a residential capital construction project (in sq. meters).
53. The amount of the fee for conducting a state examination of design documentation for residential capital construction projects (RPpj) is determined by the formula:
RPpj = BSpj x Ki,
Where:
BSPzh - the base cost of the state examination of design documentation for residential capital construction projects (in rubles);
Ki is a coefficient reflecting inflationary processes compared to January 1, 2001, which is defined as the product of consumer price indices published by the Federal State Statistics Service for each year following 2000 to the year preceding the one in which the amount of the fee for conducting state examination (inclusive).
54. The basic cost of state examination of design documentation for residential capital construction projects (BCPJ) is determined by the formula:
BSpj = (Apj + Vpj x Xzh + Spj x Yzh) x Kn x Ks,
Where:
Apj is the first constant value equal to 100,000 rubles;
Vpj is the second constant value equal to 35 rubles;
Хж - land area measured within the perimeter of a residential capital construction project (in sq. meters);
Spj is the third constant value, equal to 3.5 rubles;
Yzh - the total area of ​​a residential capital construction project during its new construction or the total area of ​​​​premises subject to reconstruction, major repairs (in sq. meters);
Кн - coefficient taking into account the purpose of the design documentation, equal to 1 if the design documentation is intended for the construction or reconstruction of a capital construction project, and equal to 0.5 for a major overhaul of a capital construction project;
Кс - coefficient of complexity of design documentation, equal to:
1.15 - if the land plot is located above mining openings, in zones of seismicity 7 points, karst and landslide phenomena, permafrost, subsidence or swelling soils;
1.2 - if the land plot is located in a seismicity zone of 8 points;
1.3 - if the land plot is located in a seismicity zone of 9 points;
1 - in other cases.
55. The amount of the fee for simultaneously conducting a state examination of design documentation for residential capital construction projects and the results of engineering surveys carried out for the preparation of such design documentation (DP) is determined by the formula:
RPzh = (RPzh + RPzh) x 0.9,
where RPizh and RPpzh are the amounts of fees for conducting state examinations, calculated in accordance with paragraphs 51 and 53 of these Regulations.
56. The amount of the fee for the state examination of design documentation of non-residential capital construction projects and (or) the results of engineering surveys carried out for the preparation of such design documentation (RPnzh) is determined by the formula:
RPnzh = Spd x P x Ki + Sizh x P x Ki,
Where:
Spd - the cost of producing design documentation submitted for state examination, calculated in 2001 prices on the basis of documents in the field of estimated standardization and pricing recommended by the Federal Agency for Construction and Housing and Communal Services (in rubles);
Sizh - the cost of manufacturing engineering survey materials submitted for state examination, calculated in 2001 prices on the basis of documents in the field of estimated standardization and pricing recommended by the Federal Agency for Construction and Housing and Communal Services (in rubles);
P - percentage of the total cost of design and (or) survey work submitted for state examination, according to the appendix;
Ki is a coefficient reflecting inflationary processes compared to January 1, 2001, which is defined as the product of consumer price indices published by the Federal State Statistics Service for each year following 2000 to the year preceding the one in which the amount of the fee for conducting state examination (inclusive).
57. When calculating in accordance with this section the amount of the fee for conducting a state examination, the amount of value added tax is taken into account, unless otherwise established by the legislation of the Russian Federation.
58. For conducting a repeated state examination, a fee is charged in the amount of 30 percent of the fee for conducting the initial state examination.
If documents for a repeated state examination in relation to residential capital construction projects are submitted within 14 days after receiving a negative conclusion, the fee for conducting a repeated state examination is not charged.
IX. The procedure for collecting fees for conducting state examinations
59. State examination of project documentation is carried out at the expense of the applicant.
60. Payment for services for conducting a state examination is made regardless of the result of the state examination.

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.

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



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