List of documents required for the state examination of the results of engineering surveys and project documentation.
Submission of documents for state examination
1. For the state examination of both design documentation and the results of engineering surveys performed for the preparation of 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 project documentation and performed engineering surveys (surname, name, patronymic, details of identity documents, postal address of the place of residence individual entrepreneur, full name, location of the legal entity);
b) identification information about the capital construction object, project documentation and (or) the results of engineering surveys in respect of which are submitted for state expertise (name of the object (objects) of the proposed construction (reconstruction, overhaul), postal (construction) address of the object (objects) of capital construction, the main technical and economic indicators of the object (objects) of capital construction (area, volume, length, number of floors, productive capacity etc));dated 31.03.2012 N 270 );
c) identification information about the applicant (last name, first name, patronymic, details of identity documents, postal address of the place of residence of the developer (technical customer) - an individual, full name of the legal entity, location of the developer - legal entity, and if the developer (technical customer) and the applicant are not the same person - the specified information also applies to the applicant);(as amended by Decree of the Government of the Russian Federation dated 31.03.2012 N 270 ) Subparagraphs b) - c) - Excluded. (as amended by Decree of the Government of the Russian Federation No. 970 dated December 29, 2007 ).
d) design documentation for a capital construction facility in accordance with the requirements (including the composition and content of documentation sections) established by law Russian Federation;
e) a copy of the design assignment;
E) 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 the performance of engineering surveys;
h) a positive conclusion of the state environmental review in the event that project documentation is submitted for the state review, developed in relation to capital construction facilities, the construction or reconstruction of which is 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 the territorial sea of the Russian Federation, as well as project documentation developed in relation to facilities related to the disposal and disposal of waste of hazard classes I - V, artificial land plots on water bodies (except for cases when the applicant for state expertise submits project documentation developed in in relation to the objects specified insubsection 7(1)
articles 11 andsubparagraph 4(1)
Article 12 of the Federal Law "On Ecological Expertise");
(as amended by Decree of the Government of the Russian Federation
dated 31.03.2012 N 270
)
i) documents confirming the applicant's authority to act on behalf of the developer, technical customer (if the applicant is not a technical customer and (or) developer), in which the authority to conclude, change, execute, terminate the contract for the state examination (hereinafter - contract) must be specifically agreed upon.
(as amended by Decree of the Government of the Russian Federation
dated 31.03.2012 N 270
).
j) a certified copy of the issued self-regulatory organization certificate of admission of the work contractor to the relevant type of work on the preparation of project documentation and (or) engineering surveys, valid as of the date of signing the acceptance certificate for the work performed, and a copy of the acceptance certificate for the work performed, if, in accordance with the legislation of the Russian Federation, obtaining admission to such work is mandatory.
(as amended by Decree of the Government of the Russian Federation dated 31.03.2012 N 270 )
2. For the state examination of the results of engineering surveys, before sending the project documentation for the state examination, the documents specified in subparagraphs "a" - "c" and "e" - "i" of paragraph 13 of these Regulations, as well as a certified copy of the certificate issued by the self-regulatory organization on the admission of the work contractor to the relevant type of work on engineering surveys, valid as of the date of signing the acceptance certificate for the work performed, and a copy of the acceptance certificate for the work performed if, in accordance with the legislation of the Russian Federation, obtaining admission to such work is mandatory.
3. For the state examination of the results of engineering surveys in the cases specified in paragraph 8 of this Regulation, the documents specified in subparagraphs "a" and "e" - "i" of paragraph 13 of this Regulation are submitted, as well as:
a) design documentation for external engineering networks and design solutions for foundations;
b) a positive conclusion of the state expertise regarding the applicable standard design documentation (modified standard design documentation) issued to any person;
c) a document confirming the right of the developer (technical customer) to use standard design documentation, the exclusive right to which belongs to another person (contract on the alienation exclusive right, license agreement, sublicense agreement, etc.).
d) a document confirming the compliance with the climatic and other conditions in which the standard design documentation is planned for reuse, the conditions under which it was developed for its original use. The form of this document is approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation.)
e) if the application of standard project documentation requires the preparation of design documentation for external engineering networks and structural solutions of foundations, certified copies of a certificate issued by a self-regulatory organization on the admission of the work contractor to the appropriate type of engineering survey work and (or) certificate of admission of the work contractor to the corresponding type of work on the preparation of project documentation in cases where, in accordance with the legislation of the Russian Federation, obtaining a permit for such work is mandatory.
These certificates must be valid on the date of signing the act of acceptance of work performed. Simultaneously with copies of such certificates, a copy of the act of acceptance of the work performed is submitted.
4. For the state examination of project documentation after the state examination of the results of engineering surveys performed for the preparation of such project documentation, the documents specified in paragraph 13 of this Regulation are submitted (with the exception of a copy of the assignment for engineering surveys, as well as a certified copy of a certificate issued by a self-regulatory organization on the admission of the contractor to the relevant type of work on engineering surveys), and a positive conclusion of the state examination of the results of engineering surveys, while the results of engineering surveys are not resubmitted.
5. The organization for conducting the state examination has the right to additionally demand from the applicant to submit calculations of constructive and technological solutions used in project documentation, as well as engineering survey materials. These 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.
6. The documents specified in paragraphs 13 - 16 of this Regulation shall be submitted on paper or in the form of electronic documents using, among other things, the federal state information system "Unified Portal of State and Municipal Services (Functions)" (if there is an appropriate technical feasibility). Electronic documents submitted by the applicant must be signed with an enhanced qualified electronic signature. If the documents are submitted on paper, the agreement on the state examination may provide that the project documentation and the results of engineering surveys may also be submitted in electronic form.
7. Project documentation for a capital construction facility may be submitted in relation to individual stages of construction, reconstruction of a capital construction facility.
Initial data and conditions for the preparation of design documentation for a capital construction project.
Design assignment - in case of preparation of design documentation on the basis of a contract;
Reporting documentation on the results of engineering surveys;
Title documents for a capital construction object - in the case of preparation of project documentation for the reconstruction or overhaul of a capital construction object;
Approved and registered in in due course town-planning plan of the land plot provided for the placement of the capital construction objector in the case of preparation of design documentation for a linear facility, a territory planning project and a land surveying project(the paragraph was supplemented from March 25, 2011 by the Federal Law of March 20, 2011 N 41-FZ);
Documents on the use of land plots that are not covered by town planning regulations or for which town planning regulations are not established, issued in accordance with federal laws by authorized federal executive bodies, or authorized executive bodies of the constituent entities of the Russian Federation, or authorized bodies local government;
Specifications providedpart 7 of article 48 of the Town Planning Code of the Russian Federation and other regulatory legal acts, if the operation of the projected capital construction facility is impossible without its connection to utility networks for general use (hereinafter referred to as technical conditions);
Documents on the approval of derogations from the provisions specifications;
Permission for deviations from the limiting parameters of the permitted construction of capital construction facilities;
Acts (decisions) of the owner of the building (structure, structure) on the decommissioning and liquidation of the capital construction object - if demolition (dismantling) is necessary;
Other initial permits established by legislative and other regulatory legal acts of the Russian Federation, including technical and urban planning regulations;
The decision of the local government on the recognition of a residential building as emergency and subject to demolition - if necessary, the demolition of a residential building;
The composition of the design documentation for the capital construction object in accordance with the requirements
I. Composition of sections of design documentation for capital construction facilities for industrial and non-industrial purposes
Section 2 "Scheme of the planning organization of the land"
Section 3 "Architectural solutions"
Section 4 "Constructive and space-planning solutions"
Section 5 "Information on engineering equipment, on networks of engineering and technical support, a list of engineering and technical measures, the content of technological solutions" should consist of the following subsections:
a) subsection "Power supply system";
b) subsection "Water supply system";
c) subsection "Water disposal system";
d) subsection "Heating, ventilation and air conditioning, heating networks";
e) subsection "Communication networks";
f) subsection "Gas supply system";
g) subsection "Technological solutions".
Section 6 "Construction organization project"
Section 7 "Project for the organization of work on the demolition or dismantling of capital construction projects"
Section 8 "List of measures for the protection environment"
Section 9 "Measures to ensure fire safety"
Section 10 "Measures to ensure access for persons with disabilities"
Section 10.1 "Measures to ensure compliance with the requirements of energy efficiency and the requirements for equipping buildings, structures and structures with metering devices for the energy resources used"
Section 11 "Estimates for the construction of capital construction projects"(At the discretion of the applicant)
10_1. Requirements for ensuring the safe operation of capital construction facilities; (The paragraph is additionally included from November 29, 2011 by the Federal Law of November 28, 2011 N 337-FZ)
12. Other documentation in cases stipulated by federal laws).
If the preparation of project documentation is carried out by an individual or legal entity on the basis of an agreement with the developer or technical customer, the developer or technical customer is obliged to provide such a person with:(Paragraph as amended, put into effect on November 29, 2011 by Federal Law of November 28, 2011 N 337-FZ.)
1) town-planning plan of the land plot or in case of preparation of the design
documentation of a linear facility, a territory planning project and a land surveying project(The paragraph was supplemented from March 25, 2011 by the Federal Law of March 20, 2011 N 41-FZ);
2) the results of engineering surveys (if they are not available, the contract must provide for an assignment for the performance of engineering surveys);
3) technical conditions (if the functioning of the designed object
capital construction cannot be provided without connecting such an object to engineering networks).
II. The composition of sections of design documentation for linear capital construction facilities
Section 1 "Explanatory note"
Section 2 "Row design"
Section 3 "Technological and design solutions for a linear facility. Artificial structures"
Section 4 "Buildings, structures and structures included in the infrastructure of a linear facility"
Section 5 "Construction organization project"
Section 6 "Project for the organization of work on the demolition (dismantling) of a linear facility",
Section 7 "Measures for environmental protection"
Section 8 "Measures to ensure fire safety"
Section 9 "Estimates for construction"(At the discretion of the applicant)
Section 10 "Other documentation in cases provided for by federal laws"
The list has been prepared on the basis of:
Decree of the Government of the Russian Federation of March 5, 2007 N 145 "On the procedure for organizing and conducting state examination of project documentation and engineering survey results"
Town Planning Code of the Russian Federation
- Decree of the Government of the Russian Federation of February 16, 2008 N 87 (as amended on March 26, 2014) “On the composition of sections of project documentation and requirements for their content”
- Decree of the Government of the Russian Federation of March 31, 2012 N 272 "On approval of the Regulations on the organization and conduct of non-state examination of project documentation and (or) results of engineering surveys"
REQUIREMENTS OF Glavgosexpertiza of Russia TO THE PROJECT
DOCUMENTATION SUBMITTED FOR STATE EXPERTISE.
PROCEDURE FOR ORGANIZING AND CONDUCTING EXAMINATION
PROJECT DOCUMENTATION
Deputy Head of Glavgosexpertiza
It should be noted that each participant of the complex bears specific responsibility for the results of their work.
Designers, construction expertise, GosPozhNadzor - everyone is pulling in their direction, proceedings begin at the level of the Moscow government, but you have to decide according to the law.
Before starting “active actions”, it is necessary to consolidate opinions on a specific object between interested organizations: design organizations, experts, builders, construction supervision, operating organization that accepts the facility.
Today has changed legal framework, while the regulatory and technical documentation remained the same. This is the main contradiction, and the contradiction is objective.
We got the old normative base, quite extensive, but at the same time not responding to today's new technologies. Therefore, the emerging contradictions in the norms cannot be discarded; one must strive for acceptable solutions.
The law on technical regulation is in force and must be implemented before and after the introduction of a new technical regulation.
The search for such solutions should be based on the new Town Planning Code, the Law on Technical Regulation and the Decree of the Government of the Russian Federation of 01.01.01. No. 87 "On the composition of sections of project documentation and requirements for their content."
We have the highest absolute death toll in the world, even compared to China, India, and even more so compared to America and Europe. It is necessary to fulfill all the requirements, but not everyone can be fulfilled, because in some cases they work against a person and situations are created that contribute to the death of people.
In this regard, as part of the project documentation, the above Decree of the Government of the Russian Federation of 01.01.2001 No. No. 87 provides for a special section "Measures to ensure fire safety". This section should contain:
· substantiation of fire-prevention distances between buildings, structures and outdoor installations, ensuring fire safety of capital construction objects;
description and justification design solutions for external fire-fighting water supply, for determining driveways and entrances for fire fighting equipment;
description and justification of the adopted design and space-planning decisions, the degree of fire resistance and the class of constructive fire hazard of building structures;
Description and justification of design solutions to ensure the safety of people in the event of a fire;
a list of measures to ensure the safety of fire departments in the event of a fire;
a list of buildings, structures, premises and equipment to be protected by automatic fire extinguishing installations and automatic fire alarm equipment;
description and justification of fire protection ( automatic installations fire extinguishing, fire alarm, warning and evacuation management in case of fire, internal fire water supply, smoke protection);
description and justification of the need to place fire protection equipment, control of such equipment, interaction of such equipment with engineering systems of buildings and equipment, the operation of which during a fire is aimed at ensuring the safe evacuation of people, extinguishing a fire and limiting its development, as well as the algorithm of work technical systems(means) of fire protection (if any);
· description of organizational and technical measures to ensure fire safety of the capital construction object;
Calculation of fire risks of a threat to life and health of people and destruction of property (when performing mandatory requirements fire safety, established by technical regulations, and voluntary fulfillment of the requirements normative documents fire safety assessment is not required).
The graphic part of the section should include:
situational plan for the organization of a land plot provided for the placement of a capital construction facility, indicating the entrance (exit) to the territory and access routes to fire equipment facilities, locations and capacities of fire tanks (if any), schemes for laying an external fire water pipeline, locations fire hydrants and locations pumping stations;
· Schemes of evacuation of people and material resources from buildings (structures) and from the territory adjacent to buildings (structures) in case of fire;
· Structural diagrams of technical systems (means) of fire protection (automatic fire extinguishing installations, automatic fire alarms, internal fire water pipelines).
If the requirements for reliability and safety established by regulatory technical documents are insufficient for the development of project documentation, the development of special technical conditions (STU) for the design of fire prevention measures is required.
The procedure for the development and approval of STUs is quite fully covered in Order No. 36 dated 01.01.2001. Ministry of Regional Development and its letter dated 01.01.2001. No. 000 - SK / 08.
These special technical conditions should reflect the specifics of the fire protection of the capital construction object, including a set of additional engineering and organizational measures. It is allowed to include in the composition of special technical conditions provisions containing deviations from the current norms, provided that the need for such deviations is justified and developed as part of special technical conditions. regulations compensating for these deviations.
Similarly, additional fire requirements must be justified in comparison with the requirements established in the current regulatory technical documents.
Additionally, it is reported that special technical conditions containing technical requirements for the design and construction of facilities in terms of ensuring fire safety are submitted to the Ministry of Regional Development of Russia by the construction customer if there is a positive conclusion from the Russian Emergencies Ministry. Information on the approval of special technical conditions by the relevant authorities of the state fire supervision of the EMERCOM of Russia is indicated in the explanatory note with a copy of the letter of the EMERCOM of Russia attached.
Question: What is the procedure for the development and execution of measures to ensure fire safety?
Answer: Part 12 of Article 48 of the Architectural and Construction Design of the Urban Planning Code for the first time regulates the mandatory presence of this section. Only some commissionable objects fall under the jurisdiction of the Decree of the Government of the Russian Federation of 01.01.01. No. 87 "On the composition of sections of project documentation and requirements for their content."
Not all organizations have specialists with technical or higher fire education. There has been a rotation of specialists, it is necessary to attract specialized organizations. The composition of the section is determined by the above resolution. The requirements for its design are the same as for all project documentation.
Question: What is fire safety?
Answer: Fire safety is not an engineering system, but a security system created by various engineering systems to save the lives of people and objects.
Question: What is the established procedure for accepting a project for examination?
Answer: The procedure for passing the examination of the project is described in the new Urban Planning Code. The project is not accepted for examination without the presence of the section "Measures to ensure fire safety".
A few points about fire safety design licenses:
There are 2 types of licenses, this issue is not resolved in the best way:
1 - Licenses issued by the Federal Licensing Center.
2 - Licenses issued by the Ministry of Emergency Situations of Russia.
In the list of works of the first type of licenses, engineering systems for ensuring fire safety are indicated, but there is no mention of the section "List of measures to ensure fire safety". There is no extended document interpreting the list of measures to ensure fire safety.
Thus, in these types of licenses there is no section "Measures to ensure fire safety", which is mandatory in the design documentation, according to the new Town Planning Code.
Question: How is the safety of firefighters ensured?
Answer: The most difficult question that the designer decides is how to ensure the safety of firefighters. The service is risky. There is a safety technique for firefighters, which is subject to adjustment and which is practically taught.
Question: Who coordinates the STU - the Ministry of Emergency Situations or the Ministry of Regional Development?
Answer: The procedure for the development and approval of STUs is quite fully covered in Order No. 36 of April 01, 2008 of the Ministry of Regional Development and its letter dated / 08. TS is developed after designing the main parameters of the object. Finally, specifications and calculations are born by the time the project is submitted for examination.
The most characteristic deviations from the rules for the design of the section:
There is no answer to the questions: a) ensuring the safety of people, b) ensuring the preservation of property.
Examples:
Question: What should include a list of measures to ensure the safety of firefighters.
Answer: As an example: separate entrances to the basement and flights of stairs reaching the roof (SNiP 210197).
Question: I would like to see methodological recommendations for the development of the "Measures to ensure fire safety" section.
Answer: Rosexpertiza has no right to issue such recommendations, the organizers of this seminar, the Ministry of Regional Development, can.
Question: The procedure for determining the cost of design work?
Answer: Currently, there is a sufficient regulatory framework for pricing in construction, including in the design complex. Handbooks available base prices"federal level", regional rates. In the absence of norms-rates, the price of the project is determined according to the well-known method of labor costs for designers.
Prepared revisions of the document with changes that have not entered into force
"Urban Planning Code of the Russian Federation" dated December 29, 2004 N 190-FZ (as amended on August 2, 2019) (as amended and supplemented, effective from August 13, 2019)ConsultantPlus: note.
In the event that before 04.08.2018 a positive opinion was received in relation to the project documentation, provided for in Part 3.5 of Art. 49 (as amended, in force until 08/04/2018), an examination of such project documentation is not required.
2.2. If the capital construction facilities specified in clauses 4 and 5 of part 2 of this article relate to objects of mass stay of citizens, an examination of project documentation for the construction, reconstruction of these capital construction facilities is mandatory. The criteria for classifying capital construction objects specified in paragraphs 4 and 5 of part 2 of this article as objects of mass stay of citizens are approved by the federal executive body that exercises the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, urban planning.
3. Examination of project documentation is not carried out if the construction or reconstruction of a capital construction object does not require a construction permit. Examination of project documentation is not carried out in relation to sections of project documentation prepared for the overhaul of capital construction projects.
3.1. Examination of the results of engineering surveys is not carried out if engineering surveys were carried out for the preparation of design documentation for capital construction facilities specified in Part 2 of this Article, as well as if construction or reconstruction does not require a construction permit.
(see text in previous edition)
3.2. The results of engineering surveys may be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.
(see text in previous edition)
3.3. Design documentation of capital construction facilities specified in part 2 of this article, design documentation specified in part 3 of this article, and the results of engineering surveys performed to prepare such design documentation:
1) are subject to state expertise in cases where the estimated cost of construction, reconstruction, overhaul of capital construction facilities in accordance with the requirements of this Code is subject to verification for the reliability of its determination;
2) on their own initiative, the developer or technical customer may be sent for state or non-state expertise, except for the cases specified in clause 1 of this part.
(see text in previous edition)
3.4. The project documentation and the results of engineering surveys carried out for the preparation of such documentation for the following facilities are subject to state expertise:
2) objects, the estimated cost of construction, reconstruction, overhaul of which, in accordance with the requirements of this Code, is subject to verification for the reliability of its determination, with the exception of cases of construction, reconstruction, overhaul of linear facilities and structures on them to perform connection (technological connection) measures ) capital construction facilities to gas distribution networks;
3) objects of cultural heritage of regional and local significance (in the event that the design and other characteristics of the reliability and safety of the specified object are affected during the work to preserve the object of cultural heritage of regional or local significance);
4) objects, construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas;
5) waste disposal facilities, waste disposal facilities.
(see text in previous edition)
(see text in previous edition)
3.8. Examination of project documentation by the decision of the developer may not be carried out in relation to changes made to the project documentation that received a positive conclusion from the examination of project documentation, if such changes are simultaneously:
1) do not affect the supporting building structures of the capital construction facility, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures;
2) do not entail a change in the class, category and (or) originally established performance indicators of linear facilities;
3) do not lead to violations of the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of atomic energy, requirements industrial safety, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of the facility;
4) correspond to the task of the developer or technical customer for the design, as well as the results of engineering surveys;
5) correspond to the cost of construction (reconstruction) of the capital construction object, carried out at the expense of the budgets of the budgetary system of the Russian Federation, established in the decision on the provision of budgetary appropriations for the implementation of capital investments, adopted in relation to the capital construction object of state (municipal) property in the prescribed manner.
3.9. Assessment of conformity of the changes made to the project documentation, which received a positive conclusion from the examination of the project documentation (including changes not provided for in Part 3.8 of this article), with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements of state protection of cultural objects heritage, requirements for the safe use of nuclear energy, requirements for industrial safety, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for the anti-terrorist protection of a facility, design assignments by the developer or technical customer, results of engineering surveys, by decision of the developer or technical customer, can be carried out in the form of expert support by the executive authority or the organization that conducted the examination of project documentation, which confirms compliance with the external changes in the design documentation to the requirements specified in this part.
3.10. In the event that changes are made to the project documentation in the course of expert support that require an examination of the project documentation, the executive authority or organization that conducted the examination of the project documentation, following the results of making these changes to this project documentation, in order to obtain the developer or technical customer specified in paragraph 9 of part 3 of Article 55 of this Code of the opinion, taking into account all these changes, the conclusion of the examination of project documentation is issued, information about which is subject to inclusion in a unified State Register conclusions of the examination of design documentation for capital construction facilities in accordance with Part 7.1 of this Article. At the same time, an additional direction of project documentation for the examination of project documentation is not required.
3.11. The procedure for the expert support provided for in parts 3.9 and 3.10 of this article, the issuance of an expert opinion on project documentation, as well as the procedure for confirming, during expert support, the compliance of changes made to the project documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, and state protection requirements objects of cultural heritage, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of the facility, the design assignment of the developer or technical customer, and the results of engineering surveys are established by the Government of the Russian Federation.
4. The state examination of project documentation and the state examination of the results of engineering surveys are carried out by the federal executive authority, the executive authority of the constituent entity of the Russian Federation authorized to conduct the state examination of project documentation, or state (budgetary or autonomous) institutions subordinate to these authorities, the State Atomic Energy Corporation Rosatom.
(see text in previous edition)
4.1. State expertise of project documentation for all facilities specified in paragraph 5.1 of Article 6 of this Code, and state expertise of the results of engineering surveys carried out for the preparation of such project documentation, unless otherwise provided by the Federal Law "On the Enactment of the Town Planning Code of the Russian Federation", are carried out by the federal executive body specified in paragraph one of part 3 of article 6.1 of this Code, or by a state (budgetary or autonomous) institution subordinate to it, except for the cases specified in part 4.8 of this article, or in cases where by decree of the President of the Russian Federation in relation to objects defense and security or a regulatory legal act of the Government of the Russian Federation in relation to facilities, the construction, reconstruction of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, inland In the lower sea waters, in the territorial sea of the Russian Federation, as well as in relation to waste disposal facilities, waste neutralization facilities, capital construction facilities, related in accordance with the legislation in the field of environmental protection to category I facilities, other federal executive authorities have been determined.
(see text in previous edition)
4.2. State expertise of project documentation for other capital construction projects and state expertise of the results of engineering surveys carried out for the preparation of such project documentation are carried out by the executive authority of the constituent entity of the Russian Federation or a state (budgetary or autonomous) institution subordinate to it at the location of the land plot on which construction is planned , reconstruction of a capital construction facility.
(see text in previous edition)
4.3. Non-state examination of project documentation and (or) non-state examination of the results of engineering surveys are carried out by legal entities that meet the requirements established by Article 50 of this Code.
4.4. Executive authorities, as well as institutions subordinate to them, the State Atomic Energy Corporation "Rosatom", which are specified in parts 4 - 4.2 of this article, are not entitled to participate in the implementation of architectural and construction design and (or) engineering surveys.
(see text in previous edition)
4.5. The legal entities specified in Part 4.3 of this article are not entitled to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys, if the preparation of such project documentation and (or) the performance of such engineering surveys were carried out by the specified legal entities. Violation this requirement is the basis for cancellation of accreditation of the specified legal entities for the right to conduct a non-state examination of project documentation and (or) a non-state examination of the results of engineering surveys.
ConsultantPlus: note.
The provision of Part 4.6 of Art. 49 does not apply until 01/01/2020 to the state expertise to assess the reliability of determining the estimated cost, carried out by experts who have the right to verify the reliability in accordance with this document (as amended, valid until 01/01/2019).
4.6. The preparation of conclusions of the state examination of project documentation and (or) state examination of the results of engineering surveys and non-state examination of project documentation and (or) non-state examination of the results of engineering surveys may be carried out by individuals certified in accordance with Article 49.1 of this Code, in the direction of the expert specified in qualification certificate.
4.7. Individuals, certified for the right to prepare expert opinions on design documentation and (or) engineering survey results in accordance with Article 49.1 of this Code, are not entitled to participate in such an examination if there is a personal interest in the results of such an examination, including if in the preparation of project documentation and ( or) the specified persons personally or their close relatives (parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren), spouse participated in the performance of engineering surveys.
4.8. The state examination of design documentation for capital construction facilities of federal nuclear organizations and the state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the State Atomic Energy Corporation Rosatom.
(see text in previous edition)
5. The subject of examination of the results of engineering surveys is the assessment of the compliance of such results with the requirements of technical regulations. The subject of examination of project documentation are:
1) assessment of compliance of project documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and facilities electric power industry, the requirements of anti-terrorist protection of the facility, the assignment of the developer or technical customer for design, the results of engineering surveys, except for the cases of state examination of the design documentation of capital construction facilities specified in part 2 of this article, and the project documentation specified in part 3 of this article, in in accordance with clause 1 of part 3.3 of this article. When carrying out the state examination of project documentation, in respect of which the state environmental examination is being carried out, the assessment of the compliance of the project documentation with the requirements in the field of environmental protection is not carried out;
2) verification of the reliability of determining the estimated cost of construction of capital construction facilities in the cases established by part 2 of Article 8.3 of this Code.
(see text in previous edition)
5.1. When conducting an examination of project documentation prepared using cost-effective project documentation reuse, sections of the design documentation that have not been amended are not evaluated for compliance with the requirements of technical regulations.
(see text in previous edition)
5.2. When conducting an examination of the design documentation of a capital construction facility that is not a linear facility, an assessment is made of its compliance with the requirements specified in Part 5 of this Article and in force on the date of issue of the town-planning plan of the land plot, on the basis of which such design documentation was prepared, provided that with less than one and a half years have passed since that date. When conducting an examination of the design documentation of a linear facility (except for cases where the construction, reconstruction of a linear facility does not require the preparation of territory planning documentation), its compliance with the requirements specified in Part 5 of this Article and in force on the date of approval of the territory planning project is assessed, based on which such project documentation was prepared, provided that no more than one and a half years have passed since the specified date. If more than one and a half years have passed since the date of issuance of the town-planning plan of the land plot or the date of approval of the draft planning of the territory, during the examination of the project documentation, an assessment is made of its compliance with the requirements specified in Part 5 of this Article and in force on the date of receipt of the project documentation for examination. When conducting an examination of the design documentation of a linear facility, for construction, the reconstruction of which does not require the preparation of documentation for the planning of the territory, an assessment is made of the compliance of this design documentation with the requirements specified in Part 5 of this Article and in force on the date of receipt of the design documentation for examination. If changes are made to the design documentation and (or) the results of engineering surveys that have received a positive conclusion from the examination of design documentation and (or) the examination of the results of engineering surveys, when conducting an examination in relation to the design documentation and (or) the results of engineering surveys, in which the specified changes, or when confirming the conformity of the changes made to the design documentation with the requirements provided for in parts 3.8 and 3.9 of this article, an assessment of the compliance of the design documentation and (or) the results of engineering surveys or confirmation of the compliance of the changes made to the design documentation with the requirements specified in part 5 of this article and applied in accordance with this part during the initial examination of design documentation and (or) examination of the results of engineering surveys, as a result of which a positive conclusion was obtained from the examination of design documentation and (or) i) examination of the results of engineering surveys.
(see text in previous edition)
5.3. Project documentation and (or) results of engineering surveys, as well as other documents necessary for the examination of project documentation and (or) results of engineering surveys, are submitted in electronic form, including in the form of an information model, unless the documents required for the state examination of project documentation and (or) the results of engineering surveys, contain information constituting a state secret.
(see text in previous edition)
5.4. The executive authority or organization that conducted the examination of project documentation and (or) the results of engineering surveys ensures the non-disclosure of design decisions and other confidential information that became known to this executive authority or this organization in connection with the examination, unless the specified information be included in the state information systems or sent to authorized bodies, organizations in accordance with this Code, other federal laws.
5.5. If, after receiving a positive conclusion from the state examination of the project documentation, within the framework of which the conformity assessment of the project documentation was carried out in the scope provided for in clause 1 of part 5 of this article, it is necessary to verify the reliability of determining the estimated cost of construction of capital construction facilities in the cases established by part 2 of the article 8.3 of this Code, an additional state examination of the project documentation is carried out in the amount provided for in clause 2 of part 5 of this article (provided that no changes were made to the project documentation).
6. It is not allowed to conduct other examinations of project documentation, with the exception of the examination of project documentation provided for in this article, the state historical and cultural examination of project documentation for work on the preservation of cultural heritage sites, as well as the state environmental examination of project documentation for objects, the construction, reconstruction of which is supposed to carry out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, within the boundaries of specially protected natural areas, in the Baikal natural territory, project documentation of gas stations, warehouses of fuel and lubricants in cases, if such gas stations fuel and lubricants warehouses are planned for construction and reconstruction within the boundaries of water protection zones in the territories of ports, the infrastructure of inland waterways, including bases (structures) for parking small boats, facilities of the federal security service, or are intended to ensure the uninterrupted and reliable functioning of located on the territory of the Kaliningrad region of power plants with an installed generating capacity of 100 MW and more, design documentation for waste disposal facilities, waste disposal facilities, artificial land plots on water bodies, design documentation for facilities that, in accordance with the legislation in the field of environmental protection, are category I facilities, with the exception of design documentation for boreholes created on a land plot provided to a subsoil user and necessary for regional geological survey, geological survey, exploration and production of oil and natural gas.
(in ed. federal laws dated December 31, 2005 N 210-FZ, dated December 18, 2006 N 232-FZ, dated May 16, 2008 N 75-FZ, dated December 30, 2008 N 309-FZ, dated July 18, 2011 N 243-FZ, dated July 19, 2011 N 246-FZ, dated 11/28/2011 N 337-FZ, dated 06/28/2014 N 181-FZ, dated 07/21/2014 N 219-FZ (as amended on 12/25/2018), dated 10/22/2014 N 315-FZ, dated 12/29. 2014 N 458-FZ, dated 08/03/2018 N 321-FZ, dated 08/02/2019 N 283-FZ, dated 08/02/2019 N 294-FZ)
(see text in previous edition)
6.1. In order to conduct a state expert review of project documentation and a state environmental review of project documentation for facilities, the construction or reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, in the Baikal Natural Territory, such project documentation, in accordance with the procedure established by the Government of the Russian Federation, is submitted to:
(see text in previous edition)
1) the federal executive body authorized to conduct state examination of project documentation in relation to facilities, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural territories of federal significance, in the Baikal natural territory, and in relation to especially dangerous, technically complex and unique objects , defense and security facilities, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, in cases where the construction, reconstruction of such facilities within the boundaries of specially protected natural areas is allowed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;
(see text in previous edition)
2) the executive authority of the subject of the Russian Federation, authorized to conduct state examination of project documentation, in relation to objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, with the exception of project documentation of the objects specified in paragraph 1 of this part .
(see text in previous edition)
- one of the first stages of the process of capital construction or reconstruction. We will talk about how to prepare and pass an examination, what to do if the expert opinion turned out to be negative, and other issues related to this procedure, in our article.
How does the City Planning Code determine the examination of project documentation?
The City Planning Code does not give a clear definition. However, an analysis of Article 48, which deals with project documentation, and Article 49, which covers the issues of expert work on a project, leads to the conclusion that the examination of project documentation is a special study that determines the compliance of the data and calculations given in the project with established norms and rules. This allows you to find out how safe the object planned for construction is for people and the environment.
In addition, an examination (with a few exceptions) is required for proper documentation of future construction and the resulting facility. After all, a positive expert opinion in most cases is included in the list of documents required to obtain a building permit.
At the same time, the Town Planning Code establishes two options examination of project documentation:
- state examination;
- non-state expertise.
State expertise is carried out by special state institutions authorized to do so. Non-state expertise can be carried out in private companies accredited to provide such services. With the exception of a small list of objects planned for development, in respect of which a mandatory state examination of project documentation, The Urban Planning Code allows the customer to independently choose the option that suits him best.
Passing the examination of project documentation
Order of organization and passage examination of project documentation are devoted to the resolutions of the Government of the Russian Federation No. 145 of March 5, 2007 and No. 272 of March 31, 2012. According to their provisions, the customer should contact a specialized government agency or a private accredited organization with the necessary package of documents.
Examination of project documentation is carried out on the basis of an agreement concluded between the customer and the contractor (expert institution). The contract discusses all significant conditions for the provision of services for conducting examination of project documentation, including:
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- terms of work;
- service cost;
- rights and obligations of the parties;
- a set of documents required for the examination.
The minimum list of documents (may be submitted both in electronic and paper form) required for the project review includes:
- application for examination;
- project documentation;
- design assignment;
- a document confirming the authority of the customer's representative;
- list of documents.
The outcome of the examination of project documentation there will be a positive (if the project complies with the current norms and rules) or negative (if the project does not comply with the current norms and rules or contains comments and inaccuracies) a conclusion that is handed over to the customer.
Do I need an examination of project documentation when making changes to the project?
Sometimes after a successful examination of project documentation required to make changes to the project. The question naturally arises: is it necessary to repeat this procedure? The Town Planning Code and Decree No. 145 say in this regard that a re-examination of the corrected project is required if:
- The amendments concerned technical solutions that affect the structural reliability and safety of the capital construction facility. The list of types of work affecting the safety of capital construction facilities is established by order of the Ministry of Regional Development of Russia No. 624 dated December 30, 2009.
- The corrections resulted in an increase in construction estimates.
Re-examination of project documents is carried out in the same manner as the initial one. However, in this case, only the corrected part of the project and its compatibility with the rest of the documentation data will be analyzed. The only case when an expert analysis of all corrected project documentation is carried out is when changes are made to the legislation affecting the results of the initial examination.
What should I do if the test results are negative?
If the outcome of the examination of project documentation If there is a negative conclusion, then the customer has two options:
- Challenge the conclusion of the expert organization in court or the Ministry of Regional Development.
- Eliminate these comments and pass the examination again.
At the same time, it should be borne in mind that, in practice, challenging the opinion of experts in judicial order it is worth it only if there are sufficient grounds to assume an erroneous analysis with a negative conclusion as a result. Otherwise, challenging the examination in court will be a long, costly and useless event.
The second option may be more efficient, as it requires only corrections on the indicated comments. Moreover, if it is possible to make changes to the project without returning the documentation, the expert organization has the right not to return the project on paper to the applicant. The customer, on the other hand, eliminates the comments within the prescribed period, after which he submits to the experts that part of the project that has undergone corrections, and a certificate of the corrections made.
The nuances of the examination of project documentation in a non-state form
If examination of project documentation it was decided to conduct it in a non-state form, it is very important to check the powers of the executing organization regarding the performance of expert work of this kind before concluding an agreement.
The right to conduct examinations is granted by accreditation, which is confirmed by a certificate issued by Federal Service for accreditation (Rosaccreditation). The certificate must contain:
- data of the organization providing services for the examination of projects;
- a list of types of expert work for which the firm is accredited;
- the seal of the Federal Accreditation Service and the signature of the official.
At the time of the examination, the accreditation certificate must be valid (i.e., not expired). In addition to documentary evidence, the availability of accreditation can be checked through the website of the Federal Accreditation Service - http://fsa.gov.ru, by finding the organization of interest in the register of legal entities accredited for the right to conduct non-state examination of project documentation.
The transition from paper to electronic document management has been launched for a long time, changes are taking place both at the level of enterprises and at the state level. In particular, for organizations issuing design documentation and engineering survey results for objects, from September 1, 2016, the process of accepting documentation for objects to the Glavgosexpertiza, the capital construction or reconstruction of which is carried out partially or completely at the expense of the federal budget, is changing. Now it is submitted for examination in electronic form and only in this way. From January 1, 2017, this approach will also apply to the submission of all new projects to regional expert organizations in accordance with Decree of the Government of the Russian Federation of December 7, 2015 N 1330 "On Amendments to the Decree of the Government of the Russian Federation of March 5, 2007 N 145".
Problems and difficulties
In connection with the transition to the examination of project documentation in in electronic format difficulties arise for both applicants and examiners.
There are economic, technical and organizational difficulties in the project for the transition of organizations to the provision of services for conducting examinations in electronic form, and less than two months are left to complete the tasks.
The project is checked by experts for compliance with state norms, rules and standards, as well as technical requirements for project documentation. In the presence of a negative conclusion of the state examination, such documentation cannot be approved by the developer or customer. This means that additional time and material costs will be required for the delivery of the entire set in order to make corrections to the technical documentation, and possibly prepare a new package of technical documentation. Technical documentation, developed and transferred to the contractor for carrying out construction works, should include a specific list of documents approved by a regulatory legal act.
Absence required list documents, non-compliance with the structure and technical requirements for project documentation is the basis for refusing to accept a project submitted for state examination in both paper and electronic form.
For a long time, the documentation was submitted for examination in paper, which led to large time and financial losses when the project was returned for revision. Over the past few years, only a few regional expert organizations have gradually changed the rules for conducting an examination, including accepting not only paper originals, but also files with drawings and explanatory notes as an auxiliary material to reduce the time of verification and drawing up a conclusion.
Now a new era is dawning - working with electronic documents, namely with electronic originals, which should replace paper originals.
Let's look at some scenarios for the work of the state examination of project documentation in electronic form, namely, scenarios for working with the established formats of electronic documents provided to the state examination bodies in accordance with the Order of the Ministry of Construction of Russia dated November 21, 2014 No. 728 / pr. Also in this order, technical requirements for project documentation are formulated, which determine the procedure for preparing text and graphic materials in electronic form that are part of the project documentation.
Let's consider scenarios for working with some familiar formats, for example, doc and dwg. Such files are subject to random distortion, and also highly dependent on user settings (fonts, line styles), versions software product in which they were created. If the designer submits such a file for examination, then there is a high probability of distortion of the information received during viewing. And even having protected the file with an electronic signature, the probability of information distortion remains, while the signature certificate itself remains valid. Recall that a document signed with a qualified electronic signature is considered legally significant and is equated to a paper document with a handwritten signature. And the participants in the process are legal liability when working with electronic documents.
Let's move on to pdf documents. It would seem that it is able to protect the file from changes, as it is a fixed markup format. But when working with him, other difficulties arise. The project documentation contains a large number of graphics-rich drawings, so when they are viewed and transferred between experts, there are heavy loads on computers and local networks takes a lot of time to process them.
Applying the XPS Format
We propose to consider the use of the open XPS format. This format is built into Windows operating systems, so it does not require any additional programs for its use. XPS tools for others operating systems(Mac OS, Linux, iOS, Android) are freely available. The XPS format allows the characters of all fonts used in the document to be correctly reproduced, even if these fonts are not available on the user's computer. And to convert an edited file into an XPS document, it is enough to print it on the virtual printer "Microsoft XPS Document Writer" built into the operating systems of the Windows family, starting with Windows XP SP3. Thus, we get an electronic document that is protected from changes and distortions when viewing it, which looks exactly the same as its author created, regardless of the program in which it was developed. The XPS format allows for enhanced electronic signature according to SPDS standards (indicating the role of the signatory) without installing additional software, after which the document becomes an electronic original.
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"About approval technical requirements to project documentation posted in electronic form
in information systems city of Moscow"
The XPS format is open and based on XML, which allows developers of software for organizing work with electronic documents to add additional features: applying comments to documents, automatic content analysis, automatic version comparison, etc.
Consider the organization of work with electronic documents using the Pilot-ICE system. This system organizes work with electronic documents in fixed markup formats (xps, pdf), which ensure the correct display of content regardless of the development tools used (operating systems, application software).
Pilot-ICE contains functionality for automating work with comments on documents, which allows you to leave a graphic (highlight with a colored pencil) or text comment, correspond with each one, see the entire list of comments for each version of an electronic document.
Rice. one . Matching tools in Pilot-ICE
When working with rich drawings, it is essential to quickly compare document versions. Pilot-ICE implements automatic analysis and visual display of differences in document versions to control changes that have occurred in new version after comments have been processed.
Rice. 2. Report on project comments in Pilot-ICE
Also, using data analysis tools, you can generate a project report displaying documents that have outstanding comments.
Rice. 3. Report to Pilot-ICE on changes in the project
To maintain interorganizational electronic document management, for example, in conjunction with a designer-customer, designer-contractor, or for interaction with expert organizations, the system exports/imports projects. When organizing work with electronic documents in Pilot-ICE, there are opportunities for operational coordination, as well as analysis of changes in the composition and structure of project documentation when the project is reloaded into the system.
The Pilot-ICE system is already used in the holding structures of enterprises for conducting internal examination of projects in electronic form and for organizing work with electronic documents. This decision can also be replicated to government and non-government services for the examination of project documentation in electronic form.
