10-07-2015

Explanation of the need for a re-examination of project documentation

Within the framework of Letter No. 1-13/645 dated March 20, 2015, the FAA Glavgosexpertiza of Russia provided an explanation indicating the grounds for sending the relevant project documentation for re-examination, which, in turn, received a previously positive conclusion.

So, in the case of supplementing the design documentation with changes that do not affect the safe operation and structural reliability of capital construction projects, the need for a re-examination of such documentation will be determined only by the initiative of the customer. Otherwise, a re-examination is necessary. At the same time, the regulated types of work that affect the safe operation of urban development facilities are determined by Order of the Ministry of Regional Development No. 624 dated 12/30/2009.

In addition, the required clarification defines the need to re-verify the reliability of the estimate documentation regarding urban development projects financed with funds from the federal budget.

Knowledge base

When you need a re-examination of project documentation that has received a positive opinion

According to the letter of the Ministry of Construction No. 42269-OD / 08, the design documentation that received a positive conclusion and which was amended must undergo a re-examination. From August 4, 2018, parts 3.5 - 3.7 of Article 49 of the Civil Code of the Russian Federation, which regulate the procedure for recognizing project documentation as modified , as a case in which re-examination is not required. The letter from the Ministry of Construction notes that the procedure for conducting state and non-state examination of project documentation, and the results of engineering surveys, is established by the Government of the Russian Federation, including in the event of changes to project documentation, in accordance with the Federal Law N 342-FZ of 08/03/2018. Also, the Ministry of Construction clarified that, in accordance with Part 55 of Article 26 federal law N 342-FZ, re-examination of project documentation that has received a positive conclusion is not required if changes to such project documentation were made before August 4, 2018 and do not affect the structural and other safety characteristics of the capital construction object. Letter of the Ministry of Construction of Russia N42269-OD08

Construction and reconstruction of a linear facility: is it necessary to prepare documentation for planning the territory?

One of the fundamental documents in the examination of project documentation is the territory planning project. This follows from Decree of the Government of the Russian Federation No. 87 dated February 16, 2008, which states the need to indicate in the project documentation (Section 1 Explanatory Note) for linear facilities the details of the PPT. Exceptions to the requirements for the mandatory preparation of documents There are a number of conditions that create exceptions to the general rule for the preparation of documentation for the planning of the territory. They are defined by Decree of the Government of the Russian Federation No. 269 dated 07.03.2017 "On approval of the list of cases in which the construction, reconstruction of a linear facility does not require the preparation of documentation for the planning of the territory." This possibility is provided for the construction and reconstruction of facilities for connection (technological connection) to existing electrical networks, heat supply, gas supply, water supply and sanitation networks, if they meet certain characteristics. The list also applies to the construction and reconstruction of capital facilities that are part of existing linear facilities, if their performance does not exceed the standards specified in the Decree and if they are located within the right of way or buffer zone. In addition, some types of engineering networks that are located within one block, one microdistrict are affected. The said List is valid from July 1, 2017. Therefore, for all line facility designs developed prior to this date, PPT is mandatory. It is important to take this into account when preparing and submitting documents for examination of project documentation.

The statute of limitations for the results of engineering surveys

Engineering surveys are one of the main input data for making technical decisions during the development of project documentation. In the process of preparing for construction, the situation on the land plot may change, so it is necessary to take into account the validity of the results of engineering surveys. They are not strictly regulated by the current legislation, however, the recommended period of relevance is 2-3 years. According to clause 5.2 of SP 11-105-97 “Engineering and geological surveys for construction. Part I General rules of works, the possibility of using materials from previous years should be determined taking into account the changes in the relief, hydrogeological conditions, man-made impacts, and so on. In particular, engineering surveys are carried out on maps of various scales. According to clause 5.60 and clause 5.189-5.199 of SP 11-104-97 "Engineering and geodetic surveys for construction", engineering and topographic plans on a scale of 1:10000, 1:5000, 1:2000, 1:1000, 1:500, 1:200 should be created on the basis of topographic surveys or survey materials of a larger scale with deadlines, as a rule, not older than 2 years. The specified set of rules by default refers to documents of voluntary use. However, if it is referenced by a survey assignment or a service agreement - which is usually the case - then this framework becomes mandatory! Thus, it is not the surveys themselves that actually lose their force, but their cartographic basis. According to clause 5.16 of SP 11-102-97 "Engineering and environmental surveys for construction", engineering and environmental surveys are linked to engineering and geological surveys. In turn, clause 6.11 speaks of the need to carry out environmental surveys with detail that meets the accepted scale of engineering and geological surveys. Thus, it is required to use a topographic sub-base similar to paragraph 5.16 of SP 11-102-97. Along with this, according to paragraph 4.17 of SP 11-104-97 "Engineering and geodetic surveys for construction", it is provided that in order to assess the degree of air pollution for compliance MPC standards should use the values ​​of maximum one-time, average daily and average annual concentrations of pollutants for at least the last 2 years. it. It is necessary to take into account the "shelf life" of the results of engineering surveys, not only for the design stage, but also for the examination of design documentation and construction. For various reasons, contacting an expert organization and / or starting construction works may occur several years after the start of design. In this case, the materials should be updated with the provision of reports whose date of field work is not more than 2-3 years.

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The legal department of the Ministry of Construction received an appeal with a request to clarify the issue that had arisen about the calculation of seniority in engineering positions. On its basis, the department prepared a letter dated August 22, 2019 N 30618-TB / 02, explaining what documents an engineer can confirm his seniority.According to the letter of the Ministry of Construction, data on seniority must be confirmed by the information contained in work book after receiving a diploma higher education in the specialty required to be able to hold engineering positions. In addition, the direction of training must be included in the list approved by the order of the Ministry of Construction of Russia of April 6, 2017 N 688 / pr. The length of service in engineering positions refers to the types of special length of service and includes periods labor activity in organizations specializing in engineering surveys, preparation of project documentation, construction, overhaul and demolition of capital construction projects. In addition to the above documentation, work experience in engineering positions can be confirmed by the following documents: economic activity on All-Russian classifier types of economic activities carried out by his employer, license, certificate of admission of the employer to perform work; employment contract, which labor functions employee in accordance with article 56 Labor Code RF; official regulations, job description containing information about official duties state or municipal employee in accordance with Article 47 of the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service Russian Federation"and Article 12 of the Federal Law of March 2, 2007 N 25-FZ "On municipal service In Russian federation"; an extract from a personal file, track record of an individual who has completed military service; documentation confirming the length of service with the law of the country in which the individual worked. Confirmation of work experience in engineering positions is necessary to include information in the NRS in the field of construction, design and engineering surveys. It is worth noting that when applying this letter, it is necessary to take into account the fact that it is of an informational and explanatory nature and is not a regulatory legal act. Letter from the legal department of the Ministry of Construction dated August 22, 2019 N 30618-TB / 02

The Ministry of Construction revealed a number of violations in the activities of NOPRIZ

The Ministry of Construction conducted another inspection of the activity National Association designers and surveyors (NOPRIZ) for compliance mandatory requirements established by the Civil Code of the Russian Federation. The check was carried out in accordance with the Order of the Ministry of Construction of Russia No. 665 / pr dated 10/22/2018 in the period from July 22 to August 16 current year. During the audit, the Ministry of Construction revealed a number of violations in the activities of NOPRIZ: 1. NOPRIZ did not apply to court of Arbitration with a statement of claim for the recovery of funds from compensation funds and the mandatory transfer of cases of members of 35 out of 40 SROs excluded from the state register of SROs.2. The national association neglects its duties in terms of considering complaints from members of SROs against self-regulatory organizations.3. National Association Returns commercial organizations applications for entering information into the state register without approval of the conclusion on entering or not entering information about them.4. The register of SRO members is not maintained in the prescribed form.5. There are no standards for the processes associated with the execution of work on the preparation of project documentation.6. The established fourteen-day period for considering applications from individuals for inclusion of information about them in the National Register of Specialists (NRS) in the field of engineering surveys and architectural and construction design is exceeded.7. The NRS includes information about individuals who do not have the necessary general work experience, specialty, area of ​​training in the field of construction, advanced training and duly certified application documentation.8. Upon receipt of an application from members of an excluded SRO for the transfer of funds from compensation funds to the accounts of SROs that have decided to admit such persons to their membership, the transfer of funds occurs with an excess of two business days from the date of receipt of such an application.9. The deadlines for submitting claims to the credit organization for the transfer of funds from the compensation fund of the excluded self-regulatory organization to special accounts of NOPRIZ are exceeded. Such requirements do not contain a mark of receipt from the credit institution.10. According to the approved protocol of the All-Russian Congress of NOPRIZ dated November 25, 2014 No. 1, as amended by the protocol dated April 26, 2019 7. No. 7, the charter of the national association: NOPRIZ is not responsible for a member of the excluded SRO who performed the functions of a technical customer on behalf of the developer; protection of the interests of SROs is provided only in the bodies state power; the person authorized to make a decision on the inclusion of information about individual in the LDCs; storage of files of members of an excluded self-regulatory organization, which are transferred to the national association of SROs in accordance with part 16 of article 55.6 of the Gradcode of the Russian Federation, is not provided for; posting on the NOPRIZ website of the Unified Register of members of SROs and LDCs is not provided. 11. The regulation on the procedure for the creation, operation and maintenance of LRS in the field of engineering surveys and architectural and construction design, approved by the Protocol No. 14 of the Council of February 14, 2017, as amended by the Protocol No. 23 of February 28, 2018, establishes: in the list requirements for individuals wishing to be included in the NRS, there is a clause on the absence of an outstanding or unexpunged conviction for an intentional crime; inclusion of information about individuals who do not have a specialty / area of ​​training in the field of construction in the national register is possible if they have a diploma of retraining; submission of a copy of the diploma of professional retraining as a document on advanced training; in the absence of a certificate of the presence or absence of an outstanding or unexpunged conviction for an intentional crime, a decision may be made to include information about an individual in the NRS. 12. The procedure for preparing and approving conclusions on the possibility of entering or refusing to enter information about SROs in the state register of SROs, on the possibility of excluding information or on the absence of grounds for excluding information about SROs from state register SRO provides for: return of application documentation on entering information about non-profit organization(NPO) to the state register, as well as the documentation of the organization, without approving the conclusion on the possibility of entering or not entering information about such an organization into the state register; identification of the unreliability of the application documentation serves as the basis for the approval by the Council of the national association of the conclusion on the refusal to enter information about the self-regulatory organization in the state register; failure to comply with the requirements of Article 55.16-1 of the Town Planning Code of the Russian Federation is not a basis for the Council of the National Association to approve the conclusion on the exclusion of information about SROs from the state register at the request of the SRO supervisory authority; failure to submit self-regulatory organization notifications and documentation provided for by Part 6 of Article 55.18 of the Civil Code of the Russian Federation in NOPRIZ within six months is the basis for approving the conclusion on the exclusion of information about the SRO from the register; restriction of the rights of NCOs in terms of submitting application and accompanying documentation in electronic form. 13. The procedure for the formation of the NOPRIZ Council is established in the Regulations of the All-Russian Congress of SROs based on membership of persons performing engineering surveys and preparing project documentation (approved by the protocol of the NOPRIZ Congress No. 2 dated April 10, 2015, as amended by the protocol No. d.) Based on the results of the audit, in accordance with the order of the Ministry of Construction, NOPRIZ is obliged to eliminate the identified violations by November 15, 2019.

FSIS CA is only 12 percent full

Deputy Minister of Construction and Housing Dmitry Volkov said that the federal state Information system pricing in construction (FSIS CA) is only 12% full. Today, there are more than 100 thousand resources in the classifier, and not all of them are price-forming and not all of them are used. The system is filled unevenly by region. The information necessary for the formation of pricing indices in construction comes in full only from 11 regions out of 85. At the same time, according to the plan, the indices should be formed by January 1, 2020. This state of affairs does not make it possible main goal, since economically sound indices are designed to update the entire pricing system. Volkov said that in the event of a significant delay in updating the system, those responsible for the formation of the system worked out a different way to fill the database. The Ministry of Construction began to develop a pricing reform in construction back in 2015 and from 2021 plans to conduct a trial run of the resource model with the possibility of determining the estimated cost of construction using the resource-index method for individual resources. From 2022, the full use of the resource method will begin with the use of estimated prices for building resources, determined based on the results state monitoring prices directly from manufacturers and placed in the FSIS CA.

Making changes to the project documentation that has passed the examinationmay be required due to various reasons. At the same time, in some cases, the conduct of repeated expert work on the project is mandatory. All questions and nuances of making changes to the project documentation and conducting an examination for the second time, we will consider in this article.

Changes to project documentation and re-examination

Making adjustments to project documentation after receiving a positive summary of experts is a situation that occurs quite often. So, paragraph 7 of Art. 52 of the Town Planning Code directly prescribes to make appropriate corrections to the project if inconsistencies in the parameters from the theoretical data of the project documentation were found during the development process. Otherwise, discrepancies in the project data and the parameters of the actually constructed object will not allow you to subsequently draw up documents for the building.

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

• the corrected project documentation has already passed the examination and received a positive resolution on the results;
• the amendments made to the project did not affect the design and other characteristics of the object's reliability and safety;
• the adjustment of the project did not lead to an increase in the construction estimate.

The same thing, only from a different angle, is also mentioned in clause 44 of Government Decree No. 145 dated 05.03.2007. In this norm of the Decree, it is prescribed to resubmit the modified project documentation for expert analysis, which received a positive expert opinion earlier, if the amendments concerned technical solutions that affect the structural reliability and safety of the capital construction facility.

At the same time, in clause 44 of Decree No. 145, the customer or developer is left with the choice of undergoing a re-examination of the corrected project, if the essence of the modification allows the re-examination not to pass. That is, in this case, the customer or developer can own will re-examine the project documentation.

When is a re-examination of project documentation required?

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

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

Don't know your rights?

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

Thus, it is clear that in any case, the need for another examination of the design documentation arises due to changes to it. Only in the first version, these changes are forced, due to previous errors or inaccuracies that led to a negative conclusion of the examination. In the second case, the amendments are voluntary, due to some external circumstances or adjustment of the project, associated with the objective application of theoretical data in the practical construction of a particular object.

List of changes affecting the safety of the capital construction facility

So, the most important question that needs to be solved by the developer or the customer who makes adjustments to the design documentation that has passed a positive examination: do the changes being made relate to technical solutions that affect the structural reliability and safety of the object? That is, in fact, to draw a conclusion about the need for another expert analysis of the project documentation.

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

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

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

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

Such a detailed enumeration avoids any doubts about the involvement of the amendments made to the project in the adjustment of work that affects the safety of the capital construction facility, and hence the need for another examination of the project.

The procedure for conducting a re-examination

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

• that part of the project documents in which changes were made;
• compatibility of the modified part of the project with the rest of the project documentation, on which an expert analysis was previously carried out.

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

1. Application for examination.
2. Project documentation that received a positive expert opinion earlier.
3. A copy of the positive conclusion.
4. Assignment for making adjustments to the project documentation.
5. Notice of amendments to the draft.

It should be borne in mind that the project can be considered at the re-examination in its entirety if, since the initial or last re-examination, amendments have been made to the legislation affecting the results of the state examination.

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

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

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

In practice, since experts rarely make mistakes, and litigation is not cheap and long, it is easier and more effective to amend the draft on the basis of comments and pass the examination again. Moreover, the Regulation on the examination, approved by Resolution No. 145, contains a provision allowing not to return to the applicant the documents submitted for examination in paper form, if the comments that caused the negative conclusion are eliminated, possibly without returning the documentation. In this case, the applicant is given certain period, upon completion of which he must provide to the expert organization that part of the project documentation that has undergone changes and a certificate describing the amendments made.

Thus, the corrected project documentation requires a re-examination, both mandatory and at the request of the developer. At the same time, it is very important not to miss the moment, to correctly evaluate the contributions made to project documents changes and conduct a re-examination, if required by law, otherwise later there may be great difficulties with documenting the constructed facility.

Re-examination of project documentation, as a rule, is required when making changes to the project, creating additional sections or refusing authorized bodies in issuing a positive conclusion during the initial check. There is a stereotype in the construction industry that the evaluation of the project and engineering surveys is a one-time procedure. But more and more situations occur when a re-examination is needed. Moreover, the check can be carried out more than twice. Below we will consider what is the essence of the re-inspection, when and by whom it is carried out, and what documents need to be collected. We will pay special attention to the timing of the repeated procedure.

The term "re-examination of project documentation" means the next (secondary) verification of the project for the fact of compliance or non-compliance with the requirements of the law, applicable rules, standards and norms. Such an examination may be carried out two or more times.

In what cases is it carried out?

Making changes to the project after the approval of independent bodies is a common procedure. The Civil Code of the Russian Federation (clause 7, article 52) says that if the project parameters do not correspond to theoretical data, changes must be made. Failure to perform this work entails a discrepancy between the parameters of the actually constructed structure and the information in the documents.

In addition, an expert analysis of the project is required to obtain a permit for the construction of an object and start work, taking into account the requirements of the law and bureaucratic norms. Documentation, as well as the results of engineering surveys, can be sent for examination again (from 2 or more times) after correcting the errors indicated in the initial conclusion of public or private bodies. A re-examination is also necessary when making changes to a project that previously received a positive opinion, but the existing amendments relate to the design or other characteristics of the capital construction facility.

The project, which was previously approved by the authorized body, and received a positive assessment of the state expertise, by decision construction company or the customer of the project can go for a re-examination (the latter can be carried out two or more times). This is possible even when changes are made to the technical solutions that do not affect the structural elements of the building. That is, the security of the object does not suffer, but according to the decision of the developer or customer, the document is still sent for re-examination (for reliability).

If the project and / and the results of engineering surveys relating to linear objects and successfully passed the test government agencies, changes have been made in relation to structural elements, sections and / or road structures, a re-examination is required. But there are a number of nuances here:

• The requirement concerns transport infrastructure facilities.
• Only that part of the project in which changes have been made is sent for re-checking.
• Examination of engineering surveys is carried out in full.

The re-examination is carried out in the manner specified in the current Regulations and relates to the primary state or independent verification. If during the examination the authorized body returned the project for revision due to the identified shortcomings, it is worth paying attention not to the possibility of their elimination.

When else is it required?

In the case when the project can be adjusted without returning the documents in paper form, and the applicant himself does not insist on the return of the papers, the expert body sets a deadline for eliminating the identified deficiencies. In such a situation, the project submitted for state expertise is not returned. The contractor eliminates the identified errors and, after making changes, sends the corrected part of the documentation for secondary verification. In addition to the papers themselves with the amendments made, a certificate describing the corrections should be sent.

As a result, when changes are made to the project, only those sections of the design documentation that have been amended are subject to re-verification. In addition, the compatibility of the adjustments made with the design and / or the results of engineering surveys (which were previously checked) is checked.

If the initial or re-examination is carried out, but after that amendments are made to the legislation of the Russian Federation that could affect the results of the expert assessment, a complete revision of the engineering survey and the project may be required. At the same time, the whole complex of works is carried out with the issuance of a conclusion on the possibility of using the documents submitted for verification.

With that said, let's summarize. A re-examination is required if:

1. The authorized body issued a negative opinion on the project. After making changes or completely redesigning the project, the documents are again transferred to experts in the hope of approval and obtaining a building permit. That is why it is important for customers to make changes to the project documentation without delay in order to obtain a positive conclusion.
2. Additional sections have been included in the draft, significant changes and/or additions have taken place.

Thus, making changes is the main reason for re-examination of the project. The difference is that if the authorized bodies refuse to issue a positive opinion, we are talking about forced amendments, which are caused by the contractor's mistakes, and in the second - voluntary changes in the project. The last action is possible when the initial data changes or other circumstances arise.

Which authorities are responsible for conducting re-examinations?

The conclusion after the initial, repeated and subsequent examination of the project is issued by the same body. The state expertise of project documentation or capital construction facilities, as well as the state expertise of the results of surveys necessary for the preparation of the project, is carried out executive body for a constituent entity of the Russian Federation or a subordinate organization located on the territory of the site of interest (the one where the construction or reconstruction of a capital construction facility is planned).

Non-state (private) examination of the project and / or engineering surveys - work that is entrusted to special companies that have access to such work and comply with the requirements of the law.

According to Federal Law No. 337, it is forbidden to allow executive authorities (including structures under their control) that carry out state management of the use of atomic energy, as well as state management in relation to the development, disposal and production of nuclear weapons.

Companies that comply with the requirements of the law and have the right to conduct state expertise are not allowed to perform this work if they have prepared project documentation or prepared the results of engineering surveys. If this requirement has been violated, the company risks losing accreditation to perform works on a private examination of the project and / or engineering surveys. This means that the development of project documentation and its examination should be carried out by different companies.

Required documents

When conducting a re-examination, it is also impossible to do without the collection of documents. In this case, the list of securities will be slightly different from the list that is collected during the initial check.

So, a public or private body should be transferred:

• Application for re-examination ().
• Task to create a project. It should indicate changes that affect the safety and reliability of the capital construction facility. We are talking about changes that should be made to the project or addition to the task for creating the project, indicating the changes.
• Initial permit papers that came with the previously approved project. The "old" and new documentation is transferred, according to which amendments are made.
• Positive conclusion of the state examination (a copy is enough).
• Explanatory note. It should describe design decisions as well as changes for each of the sections. In the transmitted explanatory note must be complete information. First, the titles of the sections that are being edited. Secondly, a description of how the adjustments made were reflected in the decisions of the project, including technical and economic parameters. Thirdly, the list of sections of the project that remained unchanged.
• A certificate confirming the amendments to the project, which previously received a positive opinion from the authorized bodies in the sector of technical solutions that affect the key characteristics of the capital construction facility (safety and reliability). The certificate must be signed by the chief engineer of the project.
• All sections of project documents. This category includes a text part with a description of the changes for each of the sections or a record of no changes, as well as a graphic part. The last component includes drawings, as well as changes made to them, taking into account GOST 21.1101-2009, as well as updated drawings.
• Reports relating to engineering surveys (where required).

Dates

As noted, the procedure for conducting a re-examination does not change. This means that the deadlines for completing the work remain the same as in the case of the initial inspection. Thus, the period for the provision of public services for project verification and / or engineering surveys should be up to 60 days from the date of transfer by the applicant of papers confirming payment for the service, taking into account the cost specified in the contract.

In addition, a period of 45 days is allocated for the state examination for:

• The results of engineering surveys that are sent for state expertise before being submitted for verification of project documentation.
• A project or a project in combination with the results of engineering surveys regarding residential buildings related to capital construction projects. This also includes objects that include built-in or attached non-residential premises that are not classified as unique.
• The project, as well as the project and the results of engineering surveys regarding capital construction facilities, the construction, restoration or overhaul of which is carried out in a special economic zone.

Conducting an examination within a period of up to a month is typical for cases of checking the correctness of drawing up estimates for capital construction projects, the construction of which is financed by public funds.

The legislation states that the standard terms can be extended by no more than a month, and the maximum waiting time in line for public services is up to an hour. The application is registered within a day.

Question
Is it legal for the experts to require the design documentation submitted for state expertise to contain sanitary and epidemiological conclusions on the conformity of the land plot? Is the absence of these documents grounds for issuing a negative conclusion of the state examination?

Answer: According to paragraphs 10(b) and 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, copies of initial permits established by legislative and other normative legal acts of the Russian Federation, including technical and urban planning regulations.

Thus, in accordance with Part 3 of Article 12 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 No. 52-FZ, the provision of land plots for construction is allowed if there are sanitary and epidemiological conclusions on the compliance of the proposed use of land plots with sanitary rules. In the development of the said Federal Law, the sanitary and epidemiological rules SP 2.2.1.1312-03 "Hygienic requirements for the design of newly built and reconstructed industrial enterprises”, paragraph 3.2 of which determines that the site for the construction of the facility is selected at the pre-project stage.

Not all documents provided for by the legislation of the Russian Federation, in accordance with paragraph 24 of the Regulations approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, are sent for state examination to be grounds for refusing to accept project documentation.

Question
What is the maximum period of validity of the conclusions of the state expertise based on the results of engineering surveys and project documentation?

Answer: The current legislation on urban planning activities does not establish a period of validity of the conclusions of the state expertise.

Question
The list of documents submitted for state examination does not include documents for the land and the town-planning plan of the land plot. Is this not required now?

Answer: On July 1, 2008, clause 11 of the Regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, came into force, according to which the section "Explanatory Note" as part of the project documentation submitted for state examination contain copies of the documents specified in subparagraph "b" of paragraph 10 of this Regulation. Among such documents are the approved and registered in in due course town-planning plan of the land plot, as well as documents on the use of land plots (to which town-planning regulations do not apply or for which town-planning regulations are not established), issued by the authorized federal executive authorities, executive authorities of the constituent entities of the Russian Federation or bodies local government.

Question
The organization for conducting the state examination demanded that a sanitary and epidemiological conclusion be submitted for consideration on the design of the calculated sanitary protection zone, taking into account the acoustic impact ( technological equipment, engineering equipment, transport) for night and daytime. Is such a requirement legitimate if there is no such draft in the list of documents submitted for examination?

Answer: According to clause 12(b) of the Regulations approved by Decree of the Government of the Russian Federation No. 87 of February 16, 2008, section 2, as part of the project documentation submitted for state expertise, must contain documentation to justify the size of the sanitary protection zone.

In accordance with paragraph 5.1 of SanPiN 2.2.1 / 2.1.1.1200-03 "Sanitary protection zones and sanitary classification of enterprises, structures and other objects" for existing facilities, the size of the sanitary protection zone of which does not meet regulatory requirements, the administration of enterprises draws up action plans on the organization of a sanitary protection zone, which are coordinated by the institutions of the state sanitary and epidemiological service.

Question
Should the design documentation for overhaul submit an estimate if the estimated cost does not exceed 250 thousand rubles? Is there a regulatory document regulating the limits of amounts for passing the state examination?

Answer: Design documentation for capital construction projects is submitted for state expertise in accordance with the requirements of the Regulation approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. fully or partially at the expense of budgetary funds, is developed and submitted for state expertise in full.

The estimated cost of the construction of an object is not a criterion that determines the need to submit budget documentation as part of the documents for the state examination.

Question
federal state unitary enterprise(developer) carries out reconstruction at the expense of federal funds under the federal target program. Is it allowed to conduct an examination of the relevant project documentation and the results of engineering surveys in the organization for the state examination of the constituent entity of the Russian Federation?

Answer: According to part 4.2 of Article 49 of the Town Planning Code of the Russian Federation, if the projected object does not belong to the objects specified in paragraph 5.1 of Article 6 of the Town Planning Code of the Russian Federation, the state examination of project documentation and engineering survey results for such an object is carried out by the executive authority of the relevant subject of the Russian Federation or institution subordinate to him.

Question
Are all changes to the project documentation that have received a positive opinion from Glavgosexpertiza subject to re-examination? Or only those changes that affect the design and other characteristics of the reliability and safety of capital construction projects.

Answer: According to clause 44 of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, project documentation that has received a positive conclusion from the state examination may be resubmitted for state examination if changes are made to it in technical solutions that affect the structural reliability and safety of the capital object construction.

The part of the design documentation, which has been amended, as well as compatibility is subject to expert assessment during the repeated state examination. changes with project documentation, in respect of which the state expertise was previously carried out.

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 may be subjected to an expert assessment in full.

Question
Which organization is authorized to conduct state expertise of a project for the development of a quarry of common minerals (development depth of more than 5 meters)?

Answer: According to part 4.1 of article 49 of the Town Planning Code of the Russian Federation, design documentation for mining facilities is subject to state expertise at the federal level - in the Federal State Institution Glavgosexpertiza of Russia or its branches.

Question
We are an organization engaged in the development of project documentation. Currently, the preparation of project documentation has been completed and state expertise is required. Who is responsible for applying for an examination, if such an obligation is not fixed in the contract for the development of documentation between the customer and the contractor?

Answer: In accordance with Part 15 of Article 48 of the Town Planning Code of the Russian Federation, project documentation is sent for state expertise by the customer or developer.

According to paragraph 2 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the applicant for the state examination may be a customer, developer or a person authorized by any of them.

2009-09-24 Question
Is the inspection of the technical condition of buildings and structures an engineering survey? Can a state examination be carried out only on building surveys?

Answer: According to the List approved by Decree of the Government of the Russian Federation dated 19.01.2006 No. 20, surveys of the state of building structures of buildings and structures are classified as special types engineering research.

In accordance with paragraph 13(e) of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, for the state expertise of the results of engineering surveys, the results of engineering surveys should be submitted in the composition and volume provided for by the engineering survey program, developed on the basis of the customer's task, taking into account the requirements of technical regulations.

2009-09-24 Question
The general designer at the stage of production of works makes changes to the project documentation. Is a re-examination of project documentation necessary?

Answer: According to Part 7 of Article 52 of the Town Planning Code of the Russian Federation, if the parameters of a capital construction object deviate from the project documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, such project documentation is subject to reapproval developer or customer after making appropriate changes to it in the manner established by the federal executive body authorized by the Government of the Russian Federation. In accordance with Part 15 of Article 48 of the Town Planning Code of the Russian Federation, the developer or customer, prior to the approval of project documentation, sends it for state expertise.

2009-09-24 Question
Is it necessary to submit an estimate section as part of the project documentation when submitting documents for state examination, if the construction object is financed at the expense of the customer's own funds?

Answer: According to clause 7 of the Regulation approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, if the construction object is financed at the expense of the customer’s own funds, the need and scope for developing the Construction Estimate section are determined by the customer and are indicated in the design task. The presentation of this section as part of the documents for the state examination in this case is not regulated by the legislation on urban planning.

2009-09-24 Question
Is it required to conduct a state expertise in relation to investment justification documentation?

Answer: The current legislation on urban planning activities does not regulate the conduct of state expertise in relation to pre-project documentation for justifying investments.

2009-09-24 Question
The design documentation, which received a positive opinion from the Federal State Institution Glavgosexpertiza of Russia, has been amended in design solutions. Where should the repeated state examination be carried out: at the Federal State Institution “Glavgosexpertiza of Russia” or is it enough to get approval from the regional department of Rostekhnadzor?

Answer: According to paragraph 44 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, when making changes to the project documentation that received a positive conclusion from the state expertise, in terms of changing technical solutions that affect the structural reliability and safety of the object capital construction, such project documentation may be resubmitted for state expertise. At the same time, the specified paragraph establishes that a repeated state examination is carried out in the manner prescribed by the Regulations for conducting a primary state examination.

Thus, the place of the repeated state examination should be determined in accordance with the instructions of the Regulation approved by the Decree of the Government of the Russian Federation of 05.03.2007 No. 145.

2009-09-24 Question
Is the availability of state financing of works an independent basis for conducting a state examination of project documentation, provided that the set of works envisaged by the project does not require a state examination?

Answer: The legislation on urban planning activities does not establish a source of financing for the construction, reconstruction or overhaul of a capital construction object as a criterion determining the need for a state examination of project documentation and the results of engineering surveys for the object.

2009-09-24 Question
What regulatory documents define the requirements for the composition, content and procedure for issuing state expert opinions?

Answer: Requirements for the composition, content and procedure for issuing the conclusions of the state examination of project documentation and the results of engineering surveys were approved by order of Rosstroy dated 02.07.2007 No. 188.

2009-09-24 Question
Is it necessary to provide documentation on electronic media when submitting project documentation for examination, and is the absence of documentation on electronic media a reason for refusing to accept documentation?

Answer: In accordance with paragraph 18 of the Regulation on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, documents for the state examination are submitted on paper. The contract may stipulate that project documentation and engineering survey results may also be submitted on electronic media.

In order to ensure prompt consideration of project documentation and engineering survey results, the contract concluded at the Federal State Institution Glavgosexpertiza of Russia for the performance of expert work provides for the submission of one copy of the documentation on electronic media. The absence in the composition of the documents submitted for the state examination, electronic version project documentation is not a basis for refusing to accept the documentation.

2009-09-24 Question
The customer has identified the general contractor as the applicant for the state examination construction organization. Is it necessary in such a situation for the applicant to have a license to perform the functions of a customer-developer in order to submit project documentation for state expertise? Is it necessary to make changes to the approved design assignment in terms of indicating the applicant in it?

Answer: According to paragraph 2 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the applicant to the organization for the state examination, in addition to the customer or the developer, can be any person authorized by any of them who has applied with the appropriate application. Paragraph 13(i) of the said Regulation establishes that, if the applicant is not a customer (developer), his authority to act on behalf of the customer (developer) must be confirmed by documents in which the authority to conclude, modify, execute, terminate the contract for state expertise must be specifically stipulated.

2009-09-24 Question
What permits submitted for the adoption of the project for examination must be notarized?

Answer: Clause 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, establishes that the documents specified in subparagraph "b" of paragraph 10 of the said Regulations, or copies of these documents drawn up in the prescribed manner.

For clarification on the procedure for applying this Regulation, we recommend contacting the Ministry regional development of the Russian Federation (clause 2(a) of Decree of the Government of the Russian Federation of February 16, 2008 No. 87).

2008-10-27 Question
1. Is it currently required to conduct an assessment of the impact of planned economic and other activities on the environment in the Russian Federation (EIA) in accordance with the Order of the State Committee for Ecology of Russia dated May 16, 2000 No. 372 in order to submit its results for state expertise, if in relation to this activity state ecological expertise is not required?

2. Is it a reason to refuse to conduct a state examination of project documentation or to issue a negative opinion based on its results, the absence of public hearing materials in the EIA materials as part of the project documentation (order of the State Committee for Ecology of Russia dated May 16, 2000 No. 372), if in relation to the object, on which this project documentation has been developed, does not currently require a state environmental review?

Answer: 1. In accordance with paragraphs 25(a) and 40(a) of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, the section "Measures for the protection environment» as part of the project documentation submitted for state expertise, it must contain the results of an assessment of the impact of the capital construction facility on the environment.

2. The regulation, approved by the order of the State Committee for Ecology of May 16, 2000 No. 372, was developed in pursuance of the Federal Law of November 23, 1995 No. 174-FZ "On Environmental Expertise" and regulates the process of assessing the impact of planned economic and other activities on the environment in relation to objects of state ecological expertise. Thus, the requirement of the said Regulations on the presence of protocols of public hearings in the EIA materials does not apply to project documentation that is not subject to state environmental expertise in accordance with the legislation, and cannot be a basis for refusing to conduct a state expertise in relation to such documentation or for issuing a negative conclusion. by its results.

2008-10-27 Question
How is project documentation accepted for state expertise in a constituent entity of the Russian Federation, according to which a negative conclusion was issued in 2008 in a branch of Glavgosexpertiza? As in the second or primary.

Answer: If the project documentation is sent for state expertise after the elimination of the shortcomings indicated in the negative conclusion of the state expertise, a repeated state expertise is carried out in relation to such project documentation (clause 44 of the Regulations on the organization and conduct of state expertise, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-10-27 Question
From the branch of Glavgosexpertiza of Russia, comments were received on the submitted draft with requirements to eliminate them within 10 days. After elimination of remarks and delivery of the corrected project, a negative conclusion was received containing NEW COMMENTS. Are the branch's actions legal?

Answer: New comments could be issued on the newly submitted documentation, corrected in the process of eliminating the shortcomings identified by the organization for the state examination.

To resolve the issue of the legality of the actions of the branch of Glavgosexpertiza of Russia in this situation, you should send a written request to the Federal State Institution Glavgosexpertiza of Russia, Moscow, providing all the information related to the conduct of the specified state examination.

2008-10-27 Question
Is an examination necessary? industrial safety project documentation for the reconstruction of a hazardous production facility in the presence of a positive conclusion of the state examination of the project documentation?

Answer: Federal Law No. 116-FZ dated July 21, 1997 “On Industrial Safety of Hazardous Production Facilities” does not provide for an industrial safety review of project documentation for the reconstruction of a hazardous production facility. In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the subject of state expertise of project documentation for the construction, reconstruction, overhaul of capital construction facilities, among others, is the assessment of compliance of project documentation with industrial safety requirements.

2008-10-27 Question
Does an employee of the state expertise have the right to demand the elimination of the comments indicated in the expert opinion, without reference to any scientific and technical documentation, technical regulations or engineering survey results?

Answer: The subject of the state examination of project documentation is the assessment of its compliance with the requirements of technical regulations. Prior to the entry into force of technical regulations in the field of urban planning, in accordance with the established procedure, the compliance of project documentation and results of engineering surveys with the requirements of legislation, regulatory technical documents to the extent that does not contradict the Federal Law "On Technical Regulation" and the Urban Planning Code of the Russian Federation is carried out.

Thus, an indication in the expert opinion of the non-compliance of the design documentation and the results of engineering surveys with the regulatory technical requirements must be accompanied by a reference to the regulatory legal document containing the relevant requirement.

2008-10-27 Question
Can a non-governmental organization licensed to conduct an examination of design documentation for especially hazardous facilities perform this work?

Answer: According to part 4.1 of Article 49 of the Town Planning Code of the Russian Federation, design documentation for especially dangerous and technically complex facilities is subject to state expertise at the federal level. In accordance with Part 1 of Article 50 of the Town Planning Code of the Russian Federation, the customer (developer) may additionally send project documentation for such facilities for non-state expertise conducted by accredited organizations in the manner established by the Government of the Russian Federation.

2008-10-27 Question
The project and engineering surveys for the construction of a pilot plant for heap leaching were completed in 2004. In 2005, positive conclusions were obtained from the industrial safety review, Rospotrebnadzor, etc. Are they valid at the moment?

Answer: The Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ dated July 21, 1997 does not regulate the validity period of industrial safety expert opinions.

2008-10-27 Question
Please explain the following. The organization wants to buy land from another organization. An organization that wants to buy this land has ordered and developed a project for the transfer of existing buildings and structures on the land. Which of these two organizations should submit a project for examination and what should it look like? The one who owns the land, or should he give power of attorney to an organization that wants to buy this land or other options?

Answer: According to paragraph 2 of the Regulations on the organization and conduct of state examination of project documentation and engineering survey results, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, an applicant for a state examination of project documentation may be a customer, developer or a person authorized by any of them.

2008-10-27 Question
In what decree or law can one find an indication (reference) that the examination of the estimate documentation of an object related to especially dangerous objects, the reconstruction of which is carried out at the expense of the Customer's own funds, can be carried out only by decision of the Customer?

Answer: According to paragraph 13(d) of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, project documentation is submitted for state expertise in accordance with the requirements for the composition of sections established by the legislation of the Russian Federation.

In accordance with paragraph 7 of the Regulations on the composition of sections of project documentation, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, the need and scope for developing the section "Estimate for the construction of a capital construction object", with the exception of capital construction projects financed in full or in part by funds of the corresponding budgets are determined by the customer and indicated in the design assignment.

2008-10-27 Question
Is it necessary under the current legislation to undergo an examination of investment feasibility studies and feasibility studies for reconstruction and construction at aluminum industry enterprises? Are there currently design stages such as "Investment Case Studies" and "Feasibility Studies"?

Answer: The Town Planning Code of the Russian Federation does not regulate the state examination of investment justifications. Justification of the expediency of implementing design decisions, choosing options for design decisions based on indicators economic efficiency can only be performed at the initiative of the developer or customer.

2008-10-27 Question
In what cases is it obligatory to develop a section of the ITM of civil defense and emergencies, and what Federal law provides for this? Whose authority includes conducting an examination of the ITM section of civil defense and emergencies?

Answer: The project documentation for capital construction projects specified in Part 14 of Article 48 of the Town Planning Code of the Russian Federation must contain a list of civil defense measures, measures to prevent natural and man-made emergencies.

The current legislation on urban planning activities does not provide for a separate examination of the ITM section of civil defense and emergency situations. In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the subject of state expertise of project documentation for the construction, reconstruction, overhaul of capital construction facilities, among others, is the assessment of the compliance of project documentation with regulatory technical requirements for fire, industrial, nuclear, radiation and other safety. According to Part 6 of Article 49 of the Town Planning Code of the Russian Federation, it is not allowed to conduct other state examinations of project documentation, with the exception of the state examination of project documentation provided for by this article, as well as the state environmental examination of project documentation for facilities.

2008-10-27 Question
According to paragraph 4 of the Regulations on the composition of sections of design documentation and requirements for their content, a two-stage design is carried out: design documentation (stage "P") and working documentation. Will working projects be accepted for examination (if customers indicate the “RP” stage in the design assignments)?

Answer: The design documentation for a capital construction object submitted for state expertise must comply with the requirements of the Regulation approved by Decree of the Government of the Russian Federation No. 87 of February 16, 2008, regardless of the design stages.

2008-10-27 Question
On what basis is the form “Application for State Expertise” approved? In the Kazan branch of Glavgosexpertiza, the form and content of the above Statement is changed every quarter.

Answer: Approved samples of the application for the state examination and the application form of the applicant (customer) are posted on the website of the Federal State Institution "Glavgosexpertiza of Russia" in the section " Important documents».

2008-10-27 Question
The organization has developed a project for the construction of a separate administrative building with a total area of ​​1,500 square meters, the number of floors is 2. According to paragraph 2 of article 49 of the Town Planning Code, state expertise is not carried out in relation to such an object. However, the gas distribution organization issued technical specifications for the building's gas supply, which indicate the connection point - a medium-pressure gas pipeline. To reduce the gas pressure, it is necessary to provide for the installation of a cabinet gas control unit with a heating device. A section of the project for laying an external gas pipeline has been developed. Please clarify the following: is the state expertise carried out for the entire specified construction site (administrative building) or only for the external gas pipeline project?

Answer: The external gas pipeline intended for gas supply of the projected administrative building cannot be put into operation and operated independently, that is, regardless of the construction of this building. Thus, in accordance with paragraph 2 of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, the gas pipeline cannot be considered as a separate stage of construction.

If the construction of the specified gas pipeline is planned to be carried out outside the boundaries of the land plot of the administrative building or the pressure parameters of the gas pipeline exceed the parameters established for especially dangerous and technically complex facilities by paragraph 11 (a) of part 1 of Article 48.1 of the Town Planning Code of the Russian Federation, project documentation is subject to state expertise in as a whole for the administrative building (including the projected external gas pipeline).

2008-10-27 Question
In accordance with the Town Planning Code of the Russian Federation, project documentation for the expansion, technical re-equipment, conservation and liquidation of hazardous production facilities is not subject to state expertise. What body conducts an examination of the project if elements of load-bearing structures are affected, for example, during major repairs at hazardous production facilities?

Answer: Design documentation, the decisions of which provide for changes affecting the design and other characteristics of the reliability and safety of the capital construction facility, is subject to state expertise in the prescribed manner.

2008-10-27 Question
The project is being prepared for examination at the Federal State Institution Glavgosexpertiza of Russia. What documents should be followed to determine which approvals the project should go through and in which authorities (at the level of the Russian Federation, the subject of the Russian Federation, the municipality)?

Answer: For the state examination, the documents specified in Section II of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, are submitted.

2008-10-27 Question
Is there any need to undergo any examinations of projects for the expansion of hazardous production facilities that have passed industrial safety examination in accordance with paragraph 1 of Article 13 of the Federal Law “On Industrial Safety of Hazardous Production Facilities”, given that:
1. With the expansion of HIFs, the total area of ​​buildings increases.
2. This does not affect the supporting structures of buildings.
3. With an increase in the area, it is necessary to put buildings into operation with subsequent re-registration.

Answer: According to paragraph 14 of Article 1 of the Town Planning Code of the Russian Federation, a change in the parameters of capital construction objects, their parts (height, number of floors, area, production capacity indicators, volume) is regarded as a reconstruction. In accordance with Part 1 of Article 49 of the Town Planning Code of the Russian Federation, project documentation for the construction, reconstruction, overhaul of capital construction projects is subject to state expertise.

2008-10-27 Question
According to the Regulation on the examination No. 145, the architectural and planning assignment (APZ) is not included in the list of documents submitted for the state examination. At the same time, according to the letter of the Federal State Institution “Glavgosexpertiza of Russia” No. 15-1/2016 dated August 16, 2007, the APL must be submitted as part of the documents for state examination on the basis of the Federal Law “On Architectural Activities”. Please provide comments on this.

Answer: In accordance with paragraphs 13-16 of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145, the architectural and planning task is not included in the list of documents submitted for the state examination.

2008-10-27 Question
Is the reconstruction project subject to state expertise? non-residential premises on the ground floor in a 2-storey (not counting the basement) non-residential building of a shopping center? The area of ​​the premises to be reconstructed is 1100 square meters. The total area of ​​the building is 4500 square meters.

Answer: The reconstructed premises as part of a shopping center is not a separate object and is not subject to paragraph 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation. Shopping center, whose total area is more than 1500 square meters, is also not subject to this paragraph. Thus, according to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, project documentation for the reconstruction of the said premises is subject to state expertise.

2008-10-27 Question
I ask you to clarify the need for a state examination of design documentation for the construction of a two-story dormitory with a total area of ​​​​less than 100 square meters. The hostel is intended for workers on a rotational basis.

Answer: The hostel building, as an object intended for the residence of citizens, is not subject to clause 4 of part 2 of article 49 of the Town Planning Code of the Russian Federation. According to part 1 of article 49 of the Town Planning Code of the Russian Federation, the project documentation of the said facility is subject to state expertise.

2008-10-27 Question
Can FGU GGE experts refuse to consider working documentation made by a foreign company with deviations from the requirements of GOST 21.101-97 regarding the design of drawing stamps and their marking?

Answer: The design documentation submitted for the state examination must be drawn up in accordance with the requirements for its development established by the regulatory legal acts of the Russian Federation. Non-compliance of project documentation with the specified requirements is the basis for refusal to accept project documentation for state expertise (paragraph 24 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-10-27 Question
Is it possible to conduct a state examination of the approved part of the project for the construction of a new production facility at operating enterprise before the development of working documentation and without the development of a project for the process control system (there is only a TOR for its development)? To which branch should the project be sent for state expertise in case of construction in the city of Volzhsky (Volgograd region)?

Answer: According to the current legislation on urban planning activities, only design documentation for capital construction projects is subject to state expertise. Working documentation, consisting of documents in text form, working drawings, specifications of equipment and products, is developed in order to implement architectural, technical and technological solutions contained in the design documentation for the capital construction facility, and is not subject to state expertise.

In the event that the state examination of the design documentation of a capital construction facility located in Volgograd region, refers to the powers of the branches of the Federal State Institution of Glavgosexpertiza of Russia, then in accordance with the order of the Glavgosexpertiza of Russia dated April 05, 2007 No. 34-r (as amended in accordance with the order of the Glavgosexpertiza of Russia dated April 25, 2007 No. 38-r), such project documentation is subject to state examination in the Rostov branch of the Federal State Institution of Glavgosexpertiza of Russia.

2008-10-27 Question
Please explain what stage of development of project documentation (P or RD) will be accepted by Glavgosexpertiza for consideration from July 1, 2008 and in accordance with Government Decree No. 87 of February 16, 2008.

Answer: The interstate standard GOST 21.101-97 "Basic requirements for design and working documentation" defines project documentation as documentation intended for approval (project stage, approved part of the working draft). Thus, for the state examination, project documentation can be submitted developed both at the design stage and at the stage of a detailed design in the amount of the approved part, and in accordance with the Regulation approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

2008-10-27 Question
Please clarify whether an examination of the pre-project stage "Investment Justification" is required and to what extent?

Answer: The Town Planning Code of the Russian Federation does not regulate the state examination of investment justifications.

2008-10-27 Question
Our construction site is located "on the lands of specially protected natural areas." According to the Federal Law “On Amendments to the Federal Law “On Ecological Expertise” dated May 16, 2008 No. 75-FZ and Articles 49 and 54 of the Town Planning Code of the Russian Federation”, before submitting project documentation for verification for expert examination, it is necessary to undergo an environmental review. I ask you to explain where you can pass an environmental review in the Krasnodar Territory.

Answer: The location of the state environmental review of project documentation for objects, the construction of which is supposed to be carried out on the lands of specially protected natural areas, is determined in accordance with Part 6.1 of Article 49 of the Town Planning Code of the Russian Federation, depending on the significance of specially protected natural areas (federal, regional, local).

2008-10-27 Question
To pass the state examination, it is necessary that all projects for connecting to external communications be agreed with the relevant organizations that issued the technical specifications (TS), if this is prescribed in the TS themselves. If the TS says “to agree on the working draft of the connection”, is it necessary to agree on the project in the organization that issued the TS, with such a wording before submitting it for state examination?

Answer: The Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, do not provide for the approval of project documentation submitted for state expertise in organizations operating utility networks.

2008-10-27 Question
I ask you to clarify whether the design documentation for re-use is (standard), if more than 3 years have passed since the receipt of a positive conclusion of the state examination on this design documentation until the Regulations on the organization and conduct of state examination dated March 5, 2007 No. 145 come into force . Does the law have retroactive effect in this case?

Answer: According to clause 8 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, state expertise is not carried out in relation to standard project documentation. In this case, the results of engineering surveys carried out for new construction using standard design documentation are subject to state expertise, provided that this project documentation has a positive conclusion of the state expertise, issued no earlier than 7 years before the date of filing an application for state expertise of engineering survey results.

These conditions also apply to the state examination of the applicable standard design documentation, carried out before the entry into force of the said Regulation.

2008-10-27 Question
Is the project for the reconstruction of a two-story building (ground floor and basement) of a branch of the institute, the total area of ​​which is less than 1,500 square meters, subject to examination? Do I need to get a building permit for a renovation?

Answer: Under clauses 4 and 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation, stand-alone objects with no more than two floors fall within the scope. In this case, the building of the branch of the institute as a whole, and not individual reconstructed floors of the building, should be considered as a separate object.

2008-10-27 Question
Is the GAU of the Kemerovo Region "Department for State Expertise of Project Documentation and Engineering Survey Results" authorized to conduct an examination of the technological part of the project "Kemerovo Regional Clinical Hospital Perinatal Center for 140 beds" (with a total area of ​​24,720 square meters)?

Answer: According to part 4.2 of Article 49 of the Town Planning Code of the Russian Federation, the state examination of the project documentation for the Kemerovo Regional Clinical Hospital Perinatal Center for 140 beds falls within the competence of the executive authorities of the relevant subject of the Russian Federation - the Kemerovo Region, provided that the specified object is not unique.

2008-10-27 Question
In accordance with clause 35(k) of the Regulations approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87 “On the composition of sections of project documentation and requirements for their content”, the graphic part of the project should include “a plan and a longitudinal profile of the route with an engineering geological section with indication of pickets, angles of rotation...”. That is, in fact, it is necessary to submit a set of working drawings for the linear part of the pipeline. If the pipeline route is hundreds of kilometers, the volume of such documentation will be very significant. In addition, it takes a long time to carry out surveys and develop such drawings, which in general will delay the implementation of the project. In this regard, I ask you to clarify whether it is really necessary to provide such drawings along the entire route of the pipeline, or is it enough only for the most difficult sections (crossing watercourses, utilities, etc.), and the entire route should be drawn on maps of M 1: 25000 with a compressed profile (at which angles of rotation and geology are clear that will not be presented)?

Answer: Design documentation submitted for state expertise must be prepared in full compliance with the requirements for the composition and content of the sections established by Decree of the Government of the Russian Federation No. 87 dated February 16, 2008.

We also draw your attention to the fact that, in accordance with Part 1 of Article 47 of the Town Planning Code of the Russian Federation, the preparation and implementation of project documentation without the performance of appropriate engineering surveys is not allowed.

2008-10-27 Question
Our organization has completed a working design based on a standard design (linking a standard design based on surveys) for the construction of a reservoir for oil RVSP 10000. The branch of the Glavgosexpertiza of Russia requires an industrial safety conclusion with registration in Rostekhnadzor and a state expertise conclusion for a standard design for the examination of a working design. How valid is this claim?

Answer: According to paragraph 15(b) of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, if the construction of a capital construction facility will be carried out using standard design documentation, in order to conduct a state expertise of the results of engineering surveys, there must be a positive conclusion of the state examination regarding the applied standard design documentation, issued to any person not earlier than 7 years before the date of filing an application for a state examination of the results of engineering surveys, was submitted.

In accordance with part 5 of article 49 of the Town Planning Code of the Russian Federation, the subject of state expertise is the assessment of the compliance of project documentation with the requirements of technical regulations, including industrial safety requirements. According to clause 32(a) of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, when conducting a state examination, an organization for conducting a state examination has the right to demand from organizations information and documents necessary for conducting a state examination.

2008-10-27 Question
FGU GGE issued a positive opinion on the working draft (construction of the facility). Is it possible to get the document again or, say, a certified copy? What is the procedure for obtaining a duplicate (copy)?

Answer: In case of loss of the conclusion of the state examination, the applicant has the right to obtain a duplicate of this conclusion from the organization for conducting the state examination. Issuance of a duplicate is carried out free of charge within 10 days from the date of receipt of a written request by the specified organization.

2008-10-27 Question
Does the re-submission of documents with corrected remarks take the same amount of time as the first examination (3 months) or other terms?

Answer: According to paragraph 44 of the Regulation on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the repeated state examination is carried out in the manner prescribed by the said Regulation for the primary state examination.

2008-10-27 Question
What should be guided by when implementing a project that began on November 1, 2007, and the completion of which is scheduled for January 1, 2009: SNiP 11-01-95 (cancelled by Decree of the Government of the Russian Federation of February 17, 2003 No. 18) or the Regulations on the composition of sections of the project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87?

Answer: In accordance with paragraph 2 (g) of Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, project documentation, the development of which began before the entry into force of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated 16.02.2008 No. 87 , during the state examination, it is checked for compliance with the composition and requirements for the content of sections of this documentation established by regulatory technical requirements for its development. The specified Regulation on the composition of sections of project documentation came into force on March 06, 2008.

2008-10-27 Question
Does the local administration have the right to demand an examination for the redevelopment of industrial premises with an area of ​​​​up to 1500 square meters without affecting the design characteristics (an extension on three sides of the old building of a new premises with the construction of a roof)?

Answer: Under clause 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation fall separate objects intended for the implementation production activities, with the number of floors not more than two, the total area of ​​which is not more than 1500 square meters. Thus, in your case, you should consider the capital construction object as a whole, including the existing building provided for reconstruction.

2008-10-27 Question
Is an examination of documentation for technical re-equipment required?

Answer: The Town Planning Code of the Russian Federation conducts a state examination of project documentation for technical re-equipment, which does not provide for the construction of new capital construction facilities, changes in the parameters of existing buildings and structures, their parts (height, number of floors, area, production capacity indicators, volume), as well as changes in quality engineering and technical support, not regulated.

2008-10-27 Question
What documents are required to pass the examination of a production building made of prefabricated metal structures (metal structures, metal fasteners, insulation)? The Decree of the Government of the Russian Federation dated 05.03.2007 No. 145 does not indicate anything about certificates for fire safety, hygiene, compliance, as well as about passports for products.

Answer: The documents submitted for the state examination are specified in paragraphs 13-16 of the Regulations on the organization and conduct of the state examination of project documentation, approved by Decree of the Government of the Russian Federation dated March 05, 2007 No. 145. In particular, project documentation is submitted in accordance with the requirements (including to the composition and content of the sections), established by the Decree of the Government of the Russian Federation of February 16, 2008 No. 87.

2008-10-27 Question
When re-applying the project documentation at another site, is it legal to require the state expertise to be repeated, or is it only necessary to conduct a state expertise of the results of geological surveys?

Answer: With regard to the design documentation of capital construction facilities that previously received a positive conclusion from the state expertise of design documentation and is reused (standard design documentation), or modification of such design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction facilities, state expertise is not carried out.

If the construction of a capital construction object will be carried out using such project documentation, the results of engineering surveys (as well as design documentation for external engineering networks and constructive solutions for the foundations of the capital construction object) are subject to state expertise, regardless of the fact that state expertise of project documentation is not carried out ( paragraphs 8 and 15(a) of the Regulation on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation dated 05.03.2007 No. 145).

2008-10-27 Question
Preliminary approvals of which federal authorities (Rospotrebnadzor, civil defense and emergency situations, etc.) should be submitted in the package of documents submitted for state expertise?

Answer: According to part 16 of article 48 of the Town Planning Code of the Russian Federation, the approval of the finished project documentation submitted for the state examination is not provided.

2008-10-27 Question
According to clause 7 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, the need to develop requirements for the content of sections of project documentation, the presence of which, according to this Regulation, is not mandatory, is determined by agreement between design organization and the customer of such documentation. Sections 6, 11, 5 and 9 of project documentation, the requirements for the content of which are established respectively by paragraphs 23, 28-31, 38 and 42 of this Regulation, are developed in full for capital construction projects financed in full or in part from the funds of the relevant budgets. In all other cases, the need and scope of development of these sections are determined by the customer and indicated in the design assignment.

Does this mean that the sections “Construction organization project”, “Estimate for construction”, “Fire safety”, “Engineering equipment” for any capital construction object (if the customer does not wish) may not be developed and, accordingly, not included in the design documents sent for state expertise?

How does this clause of the Regulation correlate with clause 11 of part 12 of article 48 of the Town Planning Code of the Russian Federation?

Answer: 1. Clause 7 of the Regulations, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, applies to sections 6, 11, 5 and 9 of the project documentation specified in the relevant clauses 23, 28-31, 38 and 42 of the Regulations, namely:
- section 6 "Construction organization project" and section 11 "Estimates for the construction of capital construction facilities" of design documentation for capital construction facilities for industrial and non-industrial purposes - paragraphs 23, 28-31 of the Regulations;
- section 5 "Construction organization project" and section 9 "Estimate for construction" of design documentation for linear capital construction facilities - paragraphs 38 and 42 of the Regulations.

2. The requirements of part 12 of article 48 of the Town Planning Code of the Russian Federation in relation to measures for the organization of construction and estimates for construction are accepted for execution in accordance with the requirements of paragraph 7 of the Regulations.

2008-10-27 Question
The working project "Construction of gas networks ..." laid a steel pipe 57x3.5. State examination passed. Is it necessary to undergo a repeated state examination when re-approving a replacement? steel pipe on polyethylene (63x5.8)?

Answer: Design documentation may be sent for a second state examination when changes are made to the design documentation that has received a positive conclusion from the state examination, in terms of changing technical solutions that affect the structural reliability and safety of the capital construction object (paragraph 44 of the Regulations on the organization and conduct of state examination, approved Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-10-27 Question
Does the state examination body have the right to demand that the design documentation comply with the provisions of SNiP 2.08.01-89 (cancelled by Decree of the Gosstroy of the Russian Federation of 06.23. .2004 No. 07/3971-YUD denied state registration) despite the fact that the powers of the state expertise include checking the compliance of documentation with technical regulations, and not with SNiP? Is non-compliance with a separate provision of the indicated SNiP grounds for issuing a negative expert opinion in the presence of special specifications?

Answer: According to Part 1 of Article 46 of Federal Law No. 184-FZ of 27.12.2002 “On Technical Regulation”, prior to the entry into force of the relevant technical regulations, the requirements established by regulatory legal acts of the Russian Federation and regulatory documents of federal executive bodies are subject to mandatory execution in the part corresponding to purposes of this federal law. Thus, the regulatory requirements of building norms and rules "Residential multi-apartment buildings" SNiP 31-01-2003, as a regulatory document of the federal executive body, adopted before the entry into force of the Federal Law "On Technical Regulation", are subject to mandatory execution in the part corresponding to the goals said Law.

According to clause 34 of the Regulations approved by Decree of the Government of the Russian Federation No. 145 dated 05.03.2007, non-compliance of project documentation with the technical requirements of the specified normative documents is the basis for issuing a negative conclusion of the state examination.

2008-10-27 Question
What date should be taken when applying the provisions of subparagraph "g" of paragraph 2 of the Decree of the Government of the Russian Federation of 05.03.2007 No. 145 as amended by the Decree of the Government of the Russian Federation of 16.02.2008 No. 87: 1) the date of conclusion of the contract; 2) the date of commencement of work specified in the contract ( calendar plan) or 3) the actual date of commencement of work after receipt of all specifications?

Answer: When conducting a state examination of project documentation, the start date for the development of project documentation is determined by the date of commencement of work specified in the design contract, or in the absence of an indication of the start of work in the contract, by the date of conclusion of the contract.

2008-10-27 Question
Can the design documentation developed by our institute be submitted for state expertise by the organization that ordered it, or can this be done only by the general designer (in this case, our institute) or the customer-developer who has in his license an entry: “Technical support of the design stage (control over the development design and estimate documentation, its approval in the prescribed manner, transfer to the examination bodies for approval and the general contracting organization)”?

Answer: According to part 15 of article 48 of the Town Planning Code of the Russian Federation, project documentation is submitted for state expertise by the developer or customer. In accordance with paragraph 2 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the applicant for the state examination may be a customer, developer or any other person authorized by any of them.

2008-10-27 Question
Do I need to submit to the Federal State Institution Glavgosexpertiza of Russia (Moscow) a project for the reconstruction of an existing family holiday home with 5 rooms in the city of Svetlogorsk, Kaliningrad Region? Reconstruction consists of building two floors. Or is it possible to conduct an examination of the project in the regional state examination of the Kaliningrad region?

Answer: In accordance with parts 4.2 and 6.1 of Article 49 of the Town Planning Code of the Russian Federation, state examination of project documentation for the specified object (if it does not apply to the objects specified in part 5.1 of Article 6 of the Town Planning Code of the Russian Federation, and its construction is not carried out on the lands of specially protected natural areas federal significance) is carried out by the executive authority of the Kaliningrad region or an institution subordinate to it.

2008-10-27 Question
The right to design and build was granted to CJSC on the basis of a decree of the Government of St. Petersburg. A year later, a new resolution was received to change the CJSC to LLC. The initial permit documentation was obtained for the original developer CJSC. Please explain whether there will be any problems with the examination of project documentation submitted on behalf of the LLC?

Answer: For the state examination of project documentation, documents confirming the succession of the company with limited liability in relation to the projected capital construction object.

2008-10-27 Question
According to the established practice of the work of the Glavgosexpertiza, the term for the examination is 90 days, and 10 days before the end of the examination, questions and comments are sent to the Applicant to eliminate them during the examination. Is it mandatory to eliminate comments during the examination process within 10 days, and is it possible to extend the examination period at the request of the Applicant (customer) in order to eliminate comments?

Answer: In case of revealing in the project documentation and (or) the results of engineering surveys in the course of the state examination of shortcomings that do not allow drawing the conclusions specified in paragraph 34 of the Regulation on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, the organization for the state examination shall immediately notify the applicant of the identified deficiencies. The term for elimination of identified deficiencies is set in the contract at the discretion of the organization for the state examination, depending on the complexity and volume of the proposed changes.

2008-10-27 Question
In connection with the release of Decree of the Government of the Russian Federation No. 87 of February 16, 2008 “Regulations on the composition of sections of project documentation and requirements for their content”, are the provisions of Decree of the Government of the Russian Federation of December 29, 2007 No. 970 “On Amendments to the Decree of the Government of the Russian Federation of 05.03.2007 No. 145” regarding the cancellation of the submission for examination of the town-planning plan of the land plot. Is it required to submit a GPZU or not?

Answer: According to clauses 10(b) and 11 of the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. and duly registered town-planning plan of the land plot (or its copy).

2008-10-27 Question
To pass the state examination, documents for the construction of 7 houses were submitted to the Glavgosexpertiza of Russia, one of which had already passed the state examination more than three years ago and is considered standard. A positive conclusion was attached to the application for passing the state examination. According to the existing regulation on passing the state examination, this house should only undergo an examination of the foundations (binding). Also, according to this provision, no changes can be made to a previously issued positive opinion. Are the actions of the experts of Glavgosexpertiza lawful, making comments not on the binding of the house, but throughout the house?

Answer: According to paragraph 8 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145, state expertise is not carried out in relation to project documentation for capital construction projects that have previously received a positive conclusion from the state expertise of project documentation and are reused (standard project documentation ), or modification of such design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction projects.

2008-08-26 Question
When issuing the terms of reference for design and survey work, inaccuracies were made regarding the name of the object to be reconstructed. The design organization that performed the work received all the necessary approvals, and the documentation was drawn up in accordance with the name of the facility according to the terms of reference, which does not correspond to the approved list of federal facilities. What documents need to be submitted for examination in order for an expert opinion to be issued for an object in accordance with the name according to the approved list.

Answer: In the conclusion of the state examination, the name of the documentation (of the capital construction object) is indicated in accordance with the title of the design documentation submitted for examination (based on the approved design assignment).

The documents submitted for the state examination (in accordance with paragraphs 13-16 of the Regulations on the organization and conduct of the state examination, approved by Decree of the Government of the Russian Federation dated 05.03.2007 No. 145) must indicate the name of the capital construction object in accordance with approved list federal facilities.

2008-08-26 Question
According to paragraph 4.1.1 of GOST 21.101-97, the "Project" stage and the approved part of the working draft are equivalent. Does it follow from this that it is sufficient at the design stage to complete the approved part in the scope of the requirements of SNiP 11-01-95 or the Regulations on the composition of sections of project documentation, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, and this set will be sufficient for conducting a state examination. Or it is necessary to provide for examination the entire set of documentation of the working project.

Answer: For the state examination, project documentation for a capital construction facility is submitted in accordance with the requirements of the Regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 (subparagraph "d" of paragraph 13 of the Regulation on the organization and conducting a state examination, approved by the Decree of the Government of the Russian Federation dated March 5, 2007 No. 145). This resolution does not regulate the stages of preparation of project documentation.

Working documentation (consisting of documents in text form, working drawings, specifications of equipment and products) is developed in order to implement in the construction process architectural, technical and technological solutions contained in the design documentation for a capital construction facility, and is not subject to state expertise.

2008-08-26 Question
Technical re-equipment with the replacement of equipment in existing areas with the construction of an annex for water treatment equipment. Do I need to rent everything or just an annex with water treatment?

Answer: The design documentation of the capital construction object is submitted for the state examination in accordance with the requirements of the Regulations on the composition of sections of design documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87, in full. If defects are identified in the project documentation during the state examination (lack (incomplete) of information, descriptions, calculations, drawings, diagrams, etc.) that do not allow drawing the conclusions specified in paragraph 34 of the said Regulations, the organization for conducting the state examination immediately notifies the applicant of the identified deficiencies and sets, if necessary, a deadline for their elimination.

2008-08-26 Question
Tell me, please, is it necessary to undergo an examination of the working design for the new construction of a gas filling station, with an LPG storage capacity of 20 cubic meters. and refueling no more than 120 vehicles per day.

Answer: According to clause 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation, if the sanitary protection zone of a capital construction object is established within the boundaries of the land plot on which such an object is located, the project documentation of the said object is not subject to state expertise.

2008-08-26 Question
Please explain the legitimacy of the action and the correctness of the local center conducting the examination on this issue. In 2005, design documentation was developed for the overhaul of the court building, with partial redevelopment, i.e. several self-supporting partitions were removed, and the project provides for the punching of several openings in the load-bearing walls, the nodes have been worked out, the work production technology is described in the project, and the project also provides for the replacement heating systems and installation of a hinged facade. In 2008, upon receipt of financing for the execution of works, we decided to conduct an examination of the adopted design decisions and their compliance with building codes. The departmental expertise of the city of Penza refused us to conduct an expertise, due to the lack of sections on ecology, civil defense and emergency situations, and a number of other reasons. However, at the time of work on the project in the terms of reference, we did not put such questions before the designers. Moreover, we affect only 3-4 openings in the bearing walls, and we do not affect any other important structural structures. And now there is a dilemma in the expediency of the whole project in general and the use of funding.

Answer: During the state examination, project documentation is checked for compliance with the composition and requirements for the content of the sections of this documentation, established regulatory technical requirements for its development, as well as part 12 of article 48 of the Town Planning Code of the Russian Federation.

2008-08-26 Question
I ask you to determine the need for an examination of project documentation for the reconstruction of a capital construction facility, carried out at our own expense. As part of the reconstruction, work is being carried out to strengthen the supporting structures, deepen the floor and install engineering systems. In addition, I ask for clarification on the application of paragraph 17(4) of Article 51 of the Town Planning Code of the Russian Federation (what exactly relates to the characteristics of reliability and safety and what limiting parameters are set by town planning regulations).

Answer: According to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, design documentation for capital construction projects, including those for the reconstruction of capital construction projects, is subject to state expertise, regardless of the form of ownership of the objects.

Explanation of the provisions of the Town Planning Code of the Russian Federation does not fall within the competence of the Federal State Institution "Glavgosexpertiza of Russia".

2008-08-26 Question
What stage of project documentation is subject to state expertise in one- and two-stage design.

Answer: The current legislation in the field of urban planning for the construction, reconstruction, overhaul of capital construction projects provides for the preparation of design and working documentation.

According to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, only project documentation for a capital construction facility is subject to state expertise. With regard to the working documentation developed for the purpose of implementing the architectural, technical and technological solutions contained in the design documentation for the capital construction object during the construction process, state expertise is not carried out.

The project documentation submitted for the state examination must be prepared in accordance with the Regulations on the composition of sections of the project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

2008-08-26 Question
Whether it is necessary to carry out an examination of industrial safety of gas supply networks and boiler houses.

Answer: In accordance with Part 1 of Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities" No. 116-FZ, if equipment operating at a pressure of more than 0.07 megapascal or at a water heating temperature of more than 115 degrees Celsius is used at these facilities, the design documentation for the expansion, technical re-equipment, conservation and liquidation of such facilities is subject to industrial safety expertise.

2008-08-26 Question
Please clarify during the state examination if the customer and the applicant are different persons. The applicant is a design organization acting under the power of attorney of the customer. Who is indicated in the application, the head and accountant of which organization sign the Application. Who is indicated in the application form of the Applicant. Whose title documents are attached to the Application and Questionnaire?

Answer: In accordance with subparagraph "a" of paragraph 13 of the Regulations on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, if the developer (customer) and the applicant are not the same person, in the application for conducting the state expertise indicates identification information about both the applicant and the developer (customer).

Samples of the application for the state examination and the applicant's questionnaire are posted on the website of the Federal State Institution "Glavgosexpertiza of Russia" in the "Important Documents" section.

2008-08-26 Question
Subparagraph "g" of paragraph 2 of the Regulation on the organization and conduct of state expertise, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, as amended by the Regulations on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 Year No. 87, it is determined that the design documentation, the development of which was started before the entry into force of the said Regulation, during the state examination, is checked for compliance with the composition and requirements for the content of sections of this documentation established by the regulatory technical requirements for its development. The current regulatory technical requirements provide for the development of measures to ensure fire safety as part of the design documentation sections (AS, PM, etc.).

Please clarify whether it is mandatory to submit for examination a separate section "Measures to ensure fire safety" as part of the project documentation, the development of which began before the entry into force of Decree of the Government of the Russian Federation dated February 16, 2008 No. 87.

Answer: According to clause 9 of part 12 of article 48 of the Town Planning Code of the Russian Federation, project documentation as part of sections should include a list of measures to ensure fire safety.

2008-05-25 Question
Please provide clarification on the need for a state examination of the design documentation for a heating installation with an installed capacity of 200 kW, operating on low pressure natural gas, registered by the Altai Interregional Administration for Technological and environmental supervision No. 74PG / 07 (dated May 18, 2007). The composition of the documentation:
1. General explanatory note.
2. Environmental protection.
3. Sets of documentation drawings:
- internal gas supply;
- automation;
- power equipment;
- thermal mechanical part.
4. Conclusion of the expert examination of industrial safety of the premises of the heating plant attached to the administrative building. Reg. No. 63-3С-00409-2007.
5. Conclusion of the industrial safety expertise of the working draft gas supply of the heating installation. Reg. No. 63-PD-00605-2007.
I also ask you to indicate the relevant clauses in the regulatory documents, on the basis of which a decision is made on the need for a state examination of project documentation, or that state examination is not required.

Answer: According to Part 1 of Article 49 of the Town Planning Code of the Russian Federation, design documentation for capital construction projects and the results of engineering surveys carried out to prepare such design documentation are subject to state expertise, except for the cases specified in Parts 2 and 3 of Article 49 of the Town Planning Code.

2008-05-25 Question
I earnestly ask you to answer the question that causes discrepancies in the interpretation between the expert body and the customer of the state examination of the provisions of subparagraph "b" of paragraph 15 of the Regulations on the organization and conduct of state examination, approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145. In accordance with the specified paragraph when submitting project documentation for state expertise reuse there must be a positive opinion on it, issued no earlier than 7 years before the date of filing the application with the expert body. How is it necessary to interpret the established period for the conclusion: either the period of limitation of the submitted opinion must exceed 7 years from the date of filing of the application, or be within the seven-year period?

Answer: The state examination of project documentation in relation to the design documentation of capital construction facilities that has previously received a positive conclusion from the state examination of project documentation and is reused (standard design documentation) is not carried out.

For the state examination of the results of engineering surveys carried out for such design documentation, a positive conclusion of the state examination regarding the applicable standard design documentation (modified standard design documentation) is submitted to any person not earlier than 7 years before the date of filing an application for a state examination of the results of engineering surveys , that is, during the seven-year period prior to the date of application.

2008-05-25 Question
Is a two-story hotel building with a total area of ​​less than 1,500 square meters subject to examination?

Answer: Hotels, as objects intended for the residence of citizens and the implementation of production activities, are not subject to clause 4 of part 2 of article 49 of the Town Planning Code of the Russian Federation. Design documentation of such facilities is subject to state expertise.

2008-05-25 Question
The procedure for passing the examination of a heating main in the city of Sasovo, Ryazan Region, Industrial Zone. Length=400 m, t=130/70С, p=0.7 MPa, on low supports.

Answer: According to part 4.2 of article 49 of the Town Planning Code of the Russian Federation, the state examination of the project documentation of this facility falls within the competence of the state authority of the Ryazan region authorized to conduct the state examination of project documentation.

2008-05-25 Question
With what federal supervisory authorities need to agree on a project for a lithium battery storage warehouse? The object is defined as a potentially dangerous object. According to the answer posted on the website, an examination is required in accordance with Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities", but in our case, the sanitary protection zone extends beyond the allotted land plot, that is, according to Article 49 of the Town Planning Code, state expertise is required. Parameters of the object: one-story building, area - 270 square meters, sanitary protection zone - 50 m, goes beyond the allotted land. In case of non-compliance with safety requirements in lithium batteries, depressurization may cause fire, explosion with the release of corrosive gases (sulfur dioxide, hydrogen chloride) and electrolyte (thionyl chloride), as well as the release of lithium particles

Answer: Due to the fact that the sanitary protection zone established for the capital construction facility goes beyond the boundaries of the allotted land plot, the design documentation for this facility is not subject to clause 5 of part 2 of Article 49 of the Town Planning Code of the Russian Federation and is subject to state expertise.

If the specified object is classified as especially dangerous and technically complex, the design documentation of such an object is subject to state expertise in the Federal State Institution "Glavgosekspertiza of Russia" (part 4.1 of Article 49 of the Town Planning Code of the Russian Federation).

2008-05-25 Question
ChemEx LLC is an expert organization. How and under what conditions can we participate in the industrial safety review of design documentation for construction and reconstruction, major repairs (chemistry and petrochemistry). Experience and experience of experts in this field since 1999.

Answer: In accordance with Part 5 of Article 49 of the Town Planning Code of the Russian Federation, the assessment of compliance of design documentation for construction and reconstruction, overhaul of capital construction facilities with industrial safety requirements is a subject and integral part state expertise, the conduct of which, in accordance with Articles 6 and 61 of the Town Planning Code of the Russian Federation, falls within the powers of state authorities.

At the same time, the organization conducting the state examination has the right to engage on a contractual basis other state and (or) non-governmental organizations, as well as specialists (paragraph 32 of the Regulations on the organization and conduct of state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 year No. 145).

2008-05-25 Question
When submitting the project for examination "in one window", we were denied acceptance of documents due to the absence of APL in our documentation. Since 2005, the Committee for Architecture and Urban Planning of Sochi has stopped issuing APL for design. Since we started designing at the end of 2006, we were given: a town-planning plan for a land plot, which, based on changes to the Town Planning Code, is also not required to be submitted for examination; program task approved by the customer and the design organization; assignment for the design on the proposal of the customer, approved by the chief architect of Sochi and the Ministry of Emergency Situations of Russia. Is it legal for the expert to demand an APL from us and on the basis of what document can we demand that the Committee for Architecture and Urban Planning of Sochi issue an APL to us?

Answer: The architectural and planning task is not included in the list of documents submitted for the state examination (clause 13 of the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145).

2008-05-25 Question
In accordance with Articles 15 and 38 of Federal Law No. 232 of December 18, 2006, clarifications and amendments were made to Articles 8 and 13 of Federal Law No. 116, namely: in Article 8, the presence of a positive expert opinion was removed from the mandatory conditions for making a decision to start construction and reconstruction industrial safety design documentation. Article 13 deduced from the concept that design documentation for construction and reconstruction is subject to industrial safety expertise. In accordance with paragraph 5 of Article 49 of the Civil Code of the Russian Federation, the subject of state expertise is the assessment of the compliance of project documentation with the requirements of technical regulations, including industrial, radiation, and other safety. In accordance with subparagraph 5 of paragraph 2 of article 49 of the Civil Code of the Russian Federation, state expertise is not carried out in relation to the design documentation of detached capital construction facilities, with the exception of objects that, in accordance with article 48.1 of this Code, are especially dangerous, technically complex or unique objects. However, according to Article 5 of Federal Law No. 324, facilities that use equipment operating under a pressure of more than 0.07 MPa or at a water heating temperature of more than 115 degrees Celsius are excluded from the list of especially dangerous and technically complex facilities. In addition, according to clause 11(a) of part 1 of Article 481 of the Civil Code of the Russian Federation, especially dangerous and technically complex facilities do not include gas distribution systems that use, store, transport natural gas under pressure up to 1.2 MPa inclusive or liquefied under pressure up to 1 .6 MPa inclusive.

Please note that the above requirements of paragraphs of laws do not exclude construction and reconstruction facilities from the number of hazardous production facilities according to the classification of Appendix No. 1 of Federal Law No. 116-FZ. I ask you to explain the current situation on the need for an industrial safety review of the working documentation of hazardous production facilities during the construction and reconstruction of these facilities.

Answer: Working documentation of capital construction projects is not subject to state expertise.

According to Article 13 of the Federal Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ, industrial safety expertise is carried out only in relation to design documentation for the expansion, technical re-equipment, conservation and liquidation of a hazardous production facility. Project documentation for the construction, reconstruction and overhaul of hazardous production facilities is subject to state expertise, except for the cases specified in Parts 2 and 3 of Article 49 of the Town Planning Code of the Russian Federation. In accordance with part 5 of Article 49 of the Town Planning Code, the subject of state expertise, among others, is the assessment of the compliance of project documentation with industrial safety requirements.

Carrying out state examination of design documentation for hazardous production facilities that use equipment operating under a pressure of more than 0.07 MPa or at a water heating temperature of more than 115 degrees Celsius, as well as design documentation for gas distribution systems that use, store, and transport natural gas under pressure up to 1.2 MPa inclusive or liquefied hydrocarbon gas under pressure up to 1.6 MPa inclusive, falls within the competence of the executive authorities of the constituent entities of the Russian Federation.

2008-05-25 Question
What composition of the documentation is to be sent to the Glavgosexpertiza if the documentation is reviewed again after revisions and clarifications based on the comments of the negative conclusion?

Answer: The repeated state examination is carried out in the manner prescribed by the Regulations on the organization and conduct of the state examination, approved by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145, for the primary state examination. Thus, the documents specified in paragraph 13 of the Regulations on the organization and conduct of the state examination are submitted for the repeated state examination.

The part of the project documentation to which changes were made, as well as the compatibility of the changes made with the design documentation, in respect of which the state expertise was previously carried out, is subject to expert assessment during the repeated state examination. If, after the initial state examination, amendments are made to the legislation of the Russian Federation that may affect the results of the state examination, the submitted design documentation may be subjected to an expert assessment in full (clauses 44 and 45 of the Regulations on the organization and conduct of the state examination).

2008-03-24 Question
Good afternoon, please tell me what to be guided by - the Regulation "On the composition of sections ..", approved. 02/16/2008 No. 87 or SNiP 11-01-95, if the design began after March 6, 2008 and must be completed before July 1, 2008.

Answer: When determining the composition and content of sections of the project documentation, the development of which was started on 03/06/2008, that is, before the entry into force of the requirements established by the Regulation approved by Decree of the Government of the Russian Federation dated 16.02.2008 No. 87, one should be guided by the current regulatory technical requirements for the development of project documentation .

2008-03-24 Question
During the construction of a garage complex on the street. Kulikovskaya ow. 2 the project has been changed in relation to the assignment of areas. Is it necessary to coordinate the reconstruction of the garage complex and which organization supervises?

Answer: If changes in the designation of the areas of the garage complex entail changes in the parameters of the object, then the project requires re-approval by the customer after making the appropriate changes to it in the manner established by the Government of the Russian Federation. Supervision over the compliance of works performed in the process of construction with project documentation is carried out by state construction supervision bodies.

2008-03-20 Question
The administration issued a building permit for the facility on the basis of project documentation. Now, according to the results of the examination, changes are made to the project and the name of the object is changed. What about permission? The facility has been under construction since 2007, if the permit is cancelled, an unauthorized construction will be recognized. The legislation does not specify how changes to the permit are made. How to act in such a situation?

Answer: A permit for the construction of an object is issued on the basis of a positive conclusion of the state expertise on project documentation for the construction of this object. In the event that changes are made to the design documentation that has received a positive conclusion from the state expertise, changes in technical solutions that affect the structural reliability and safety of the facility, the design documentation is subject to re-examination in terms of assessing the corrected design documentation for compliance with regulatory requirements. If the change in the name of the facility is associated with a deviation its parameters from the design documentation, then the design documentation is subject to re-approval by the customer after making changes to it in the manner established by the Government of the Russian Federation. These materials are submitted by the customer to the authority that previously issued a permit for the construction of the facility.

2008-03-19 Question
Please clarify the following question: In accordance with Art. 29 of the Town Planning Code, state authorities and local governments, associations of citizens, on their own initiative, can send draft territorial planning documents for state expertise. The same article states that sending a draft territorial planning document for state expertise or receiving a negative conclusion from the state expertise of a draft territorial planning document is not an obstacle to the approval of a territorial planning document. Previously, the issue of conducting state expertise was regulated by the Regulations "On conducting state expertise and approving urban planning, pre-project and design documentation in the Russian Federation", approved. Decree of the Government of the Russian Federation of December 27, 2000 No. No. 1008. This document became invalid due to the adoption of the Regulations "On the procedure for organizing and conducting state examination of project documentation and engineering survey results", approved. Government Decree No. 145 dated March 5, 2007 No. Questions: 1. What is the difference between the examination of project documentation for capital construction projects and the examination of territorial planning documents? 2. What documents (documents of territorial planning or project documentation of capital construction projects) include the project for planning the territory of a dacha non-profit association of citizens and the draft of its master plan? 3. Is the project for planning the territory of a dacha association subject to mandatory state expertise (all the land is privately owned)?

Answer: Clarifications on issues related to territorial planning documents are not within the competence of the Federal State Institution "Glavgosexpertiza of Russia". With these questions, please contact the Ministry of Regional Development of Russia.

2008-03-19 Question
We cannot find the Order of the Glavgosexpertiza No. 92-R dated 01.10.2007.

Answer: Order No. 92-r dated October 1, 2007 was not posted on the website. The specified order approved samples of documents of the Federal State Institution "Glavgosexpertiza of Russia" related to the verification of the reliability of determining the estimated cost of construction in the project documentation.

2008-03-18 Question
Please tell me where you can find the following document Order of the Federal government controlled"Glavgosexpertiza of Russia" No. 5 dated February 20, 2008. "Hazardous production facilities for which an industrial safety declaration is being developed."

Answer: Hazardous production facilities for which the development of an industrial safety declaration is required are determined in accordance with Article 14 of the Federal Law "On Industrial Safety of Hazardous Production Facilities".
Appendix 2 to the order of the Federal State Institution "Glavgosexpertiza of Russia" dated 05.04.2007 No. 34-r, as amended in accordance with the order of the Federal State Institution "Glavgosexpertiza of Russia" dated 20.02.2008 No. 5-r, shows the distribution of powers for state examination of the design documentation of such objects between the Federal State Institution "Glavgosexpertiza of Russia" and its affiliates.

2008-03-18 Question
Is there a need to undergo any examinations of projects for the expansion, technical re-equipment, conservation and liquidation of hazardous production facilities that have passed in accordance with Art. 13. Clause 1 of the Federal Law "On Industrial Safety of Hazardous Production Facilities" examination of industrial safety?

Answer: In accordance with the Town Planning Code of the Russian Federation, project documentation for the expansion, technical re-equipment, conservation and liquidation of hazardous production facilities is not subject to state expertise. Examination of the specified design documentation is carried out in accordance with Article 13 of the Federal Law "On Industrial Safety of Hazardous Production Facilities".

2008-03-18 Question
Is it obligatory to agree on special technical conditions for fire protection of facilities agreed by the territorial bodies of the State Fire Service of a constituent entity of the Russian Federation in accordance with the order of the Ministry of Emergency Situations of the Russian Federation No. 141 of 2007 with Rosstroy?

Answer: In accordance with paragraph 5 of the Regulations, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87, it is determined that the procedure for the development and approval of special technical conditions is established by the Ministry of Regional Development of Russia.

2007-12-11 Question
Is there an expiration date for expert opinions?

Answer: According to the current legislative and regulatory legal acts regulating the issues of conducting state examination of project documentation, expert opinions have no time limits and retain legal force for the entire period of design, construction and operation of capital construction projects.
Note: Town Planning Code of the Russian Federation (subparagraph 11 "d" of part 1 of article 48.1).

2007-12-04 Question
What document determines the composition of project documentation submitted for state expertise?

Answer: Decree of the Government of the Russian Federation of 05.03.2007 No. 145 (paragraph 3b) preparation of a draft decree of the Government of the Russian Federation on this issue entrusted to the Ministry of Regional Development of Russia (the deadline for submitting this document to the Government of the Russian Federation is 06/01/2007).
Note: Until the decision of the Government of the Russian Federation is issued, one should be guided by the requirements of the Town Planning Code of the Russian Federation (part 12 of article 48) and the requirements of current regulatory documents (SNiP 11-01-95) insofar as they do not contradict the code.

2007-11-07 Question
What are the criteria for evaluating design solutions, on the basis of which a negative expert opinion is issued?

Answer: The main criterion for evaluating design solutions is compliance with the requirements of technical regulations (if they are absent, the requirements of other applicable regulatory documents) and the results of engineering surveys. If there is a discrepancy, the expert opinion must be negative.

2007-10-31 Question
Can changes be made to previously issued state expert opinions?

Answer: In accordance with the current legislative and regulatory legal acts regulating the procedure for conducting state expertise, it is not allowed to make any changes to the conclusions of the state expertise issued in accordance with the established procedure on previously reviewed project documentation.
Note: The conclusions of the state expertise cannot be canceled, changed or suspended and can only be challenged in court.

2007-10-14 Question
Is it possible to agree on making changes to the project documentation that are not taken into account in the previously issued conclusion of the state expertise?

Answer: According to the current procedure for conducting state expertise, agreement on making changes to project documentation that do not meet the requirements set forth in previously issued state expertise conclusions is not allowed.
Note: Accordingly, expert bodies are not entitled to process such approvals in any form, including in separate letters.

2007-09-25 Question
What applies to military infrastructure facilities?

Answer:"Objects of military infrastructure" - special technological complexes, buildings and structures intended for command and control of troops, deployment and storage military equipment, military property and equipment, weapons testing, as well as military camps, manufacturing enterprises, public buildings and structures of the Armed Forces of the Russian Federation, other troops, military formations and bodies ensuring the defense and security of the Russian Federation.

2007-09-13 Question
Can the branches of the Federal State Institution "Glavgosexpertiza of Russia" be involved on a contractual basis in the conduct of state expertise by expert bodies of the constituent entities of the Russian Federation?

Answer: Clause 32b) of the Regulations approved by Decree of the Government of the Russian Federation of 05.03.2007 No. 145 on the involvement of other organizations in the state examination refers to design, survey, research and other organizations. It does not apply to the activities of state expertise bodies.
Note: Branches of the Federal State Institution "Glavgosexpertiza of Russia" must carry out their activities in accordance with the powers established for them by appendices 1, 2, 3 to the order of the Glavgosexpertiza of Russia dated 05.04.2007 No. 34-r (posted on the website of Rosstroy) and order dated 04.25.2007 No. 38 -R.

2007-09-09 Question
Do freelance (involved) experts have the right to sign the conclusions of the state expertise?

Answer: According to paragraph 36 of the Regulations approved by Decree of the Government of the Russian Federation of March 5, 2007 No. 145, the conclusion of the state examination is signed by state experts who participated in the examination and approved by the head of the organization for the state examination or an official authorized by such head.

According to clause 3 of the Regulations on the organization and conduct of the state examination of project documentation and engineering survey results, approved by Decree of the Government of the Russian Federation No. 145 dated March 05, 2007, KGBU “Gosexpertiza of the Khabarovsk Territory” is given the right to explain only the procedure for conducting the examination.

Regarding the re-examination of project documentation when making changes after receiving a positive opinion, it is necessary to take into account the clarifications of the Ministry of Regional Development of the Russian Federation.

The Ministry of Regional Development of the Russian Federation considered the appeal of the Ministry of Construction of the Khabarovsk Territory dated May 11, 2011 No. 05.1-3455 and reported the following.

By virtue of part 6 of article 52 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Code), a person carrying out construction is obliged to carry out construction in accordance with the developer's task, project documentation, the requirements of the town planning plan of the land plot, the requirements of technical regulations.

In accordance with Part 7 of Article 52 of the Code, the deviation of the parameters of a capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the design documentation newly approved by the developer or customer after making appropriate changes to it in accordance with the procedure established by the Government of the Russian Federation.

According to part 15 of article 48, the developer or customer, before approving the project documentation, in cases provided for by law, sends it for state examination.

Clause 44 of the Regulations on the organization and conduct of the state examination of project documentation and engineering survey results, approved by Decree of the Government of the Russian Federation dated March 5, 2007 No. 145 (hereinafter referred to as the Regulations), establishes that when changes are made to the design documentation that received a positive conclusion from the state examination parts of technical solutions that affect the structural reliability and safety of the capital construction object, the project documentation can be re-submitted for state expertise.

According to the Ministry of Regional Development of Russia, the decision on the degree of influence of the changes made to the project documentation on the design and other characteristics of the reliability and safety of the capital construction object is made by the developer (customer) in agreement with the person preparing the project documentation, who, in accordance with Article 60 of the Code, are responsible for compensation for damage caused due to shortcomings in the preparation of project documentation.

According to clause 9 of part 3 of article 55 of the Code, the documents attached to the application for issuing a permit to put the facility into operation include the conclusion of the state construction supervision on the compliance of the constructed facility with the design documentation.

In view of the foregoing, according to the Ministry of Regional Development of Russia, it follows from the above norms:

In the event of a change in design decisions during the construction process, changes must be made to the project documentation;

The need to send the project documentation for re-state examination after making changes to it is determined by the developer (customer) in agreement with the person preparing the project documentation.

Director of the Department of Architecture, Construction and Urban Policy I.V. Ponomarev

Who has the right to conduct a re-examination?

Projects, expertise, technical supervision

Nothing brings people together like disagreement.

clause 3.6. If there are changes in the project documentation specified in Part 3.5 of this Article that affect the design and other safety characteristics of the capital construction facility and (or) lead to an increase in the estimate for its construction or reconstruction in comparable prices, the executive authority or organization, who conducted the examination of the design documentation of such a capital construction object, refuse to issue the conclusion specified in this part. In this case, the project documentation, which has been amended, is subject to expert examination in accordance with the procedure established by the Government of the Russian Federation in accordance with Part 11 of this Article.

item 11. The procedure for organizing and conducting state examination of project documentation and state examination of engineering survey results, non-state examination of project documentation and non-state examination of engineering survey results, the amount of the fee for conducting state examination of project documentation and state examination of engineering survey results, for the issuance of the opinion provided for by Part 3.5 of this article ( if the said opinion is issued by an executive authority or an organization that carried out the state examination of the design documentation to which changes have been made), the procedure for collecting this fee is established by the Government of the Russian Federation.

Every question begets new questions.

obtaining a positive conclusion from the examination of project documentation, changes were made that did not

affecting the design and other characteristics of the safety of the capital construction object.

It affects. or not??

3.5. Confirmation that changes made to the project documentation after receipt

positive conclusion of the examination of project documentation, do not affect the constructive and other

safety characteristics of the capital construction object, is the conclusion of the authority

executive power or organization that conducted the examination of the project documentation, which included

The preparation of the said opinion shall be carried out within a period not exceeding thirty days in

the procedure established by the federal executive body exercising the functions of

development and implementation of state policy and legal regulation in the field of

construction, architecture, urban planning. At the same time, in order to prepare the provisions of this

part of the conclusion to the executive authority or organization that conducted the examination of the design

documentation of the capital construction object, those sections of the design

documentation of the capital construction object, which have been amended.

"3.6. In the event that the design documentation specified in Part 3.5 of this Article contains

changes affecting the design and other safety characteristics of the capital facility

construction and (or) leading to an increase in the estimate for its construction or reconstruction in

comparable prices, the executive authority or the organization that conducted the examination of the design

documentation of such a capital construction facility, refuse to issue the

conclusions. In this case, the project documentation, which has been amended, is subject to examination in

the procedure established by the Government of the Russian Federation in accordance with part 11 of this

Those. You need to make changes to the project and send it for examination. And wait for an answer: affects or not. And if it affects, then this is a re-examination in the same expert organization. SO.

And if in another examination, then a full examination again.

About the register of examinations - this, apparently, has not yet been finally decided (the procedure itself) ??

"On amendments to the City Planning Code

Logically, you seem to be right. Direct indications that I did not see again only in the old examination, only indirectly in paragraph 11 about which VALERIAN writes. But it's about pay.

Letter 17078-IM/08

On making changes to the project documentation and conducting a repeated state examination

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This document is located at:

• Section: Construction
  • • Subsection: Expertise, state supervision

• Section: Construction
  • Subsection: Regulatory documents
    • Subsection: Design, engineering surveys

Letter from the Ministry of Regional Development of the Russian Federation

The Ministry of Regional Development of the Russian Federation considered the appeal and the following is reported on the issues raised.

On issue 1. Based on paragraph 8 of the Regulations on the organization and conduct of state examination of project documentation and engineering survey results, approved by Decree of the Government of the Russian Federation dated March 5, 2007 No. 145 (hereinafter referred to as the Regulation), state examination of project documentation is not carried out in relation to design documentation of capital construction facilities that previously received a positive conclusion from the state examination of design documentation and is reused, or modification of such design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction facilities.

In accordance with Article 49 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Code), state expertise is carried out in relation to project documentation prepared for the construction (reconstruction, overhaul) of a specific capital construction facility, as well as in relation to the results of engineering surveys performed to prepare such project documentation .

The conclusion of the state examination, the requirements for the composition, content and procedure for issuing which are approved by Order of the Federal Agency for Construction and Housing and Communal Services dated July 2, 2007 No. 188, in the subsection "Description of the technical part of the project documentation" should contain a description of the main design solutions for each of the considered sections, as well as information about the operational changes made by the applicant to the considered sections of the design documentation in the process of conducting state expertise.

Thus, only project documentation, information about which is contained in the conclusion of the state expertise, can be used for re-use.

According to the Ministry of Regional Development of Russia, when "binding" the applicable standard design documentation to a specific land plot, in accordance with subparagraph "a" of paragraph 15 of the Regulations, for the state examination of the results of engineering surveys in the cases specified in paragraph 8 of this Regulation, design documentation for external engineering networks and constructive solutions for foundations, as well as on the basis of clause 11 of the Regulation on the composition of sections of project documentation and the requirements for their content, approved by Decree of the Government of the Russian Federation dated February 16, 2008 No. 87 (hereinafter referred to as the Regulation on the composition of sections of project documentation), documents (copies of documents executed in the prescribed manner) specified in subparagraph "b" of paragraph 10 of the Regulations on the composition of sections of project documentation must be attached to the explanatory note in full.

On issue 2. According to paragraph 2 of the Regulations on the criteria for classifying design documentation as standard design documentation, as well as modified standard design documentation that does not affect the design and other characteristics of the reliability and safety of capital construction projects, approved by Order of the Ministry of Regional Development of the Russian Federation dated July 9, 2007 No. 62 (hereinafter referred to as the Regulations on the Criteria for Classifying Design Documentation as Standard Design Documentation), standard design documentation includes the re-applied design documentation of a capital construction object, as part of the following sections (including all drawings, diagrams, etc.): architectural solutions; constructive and space-planning solutions, with the exception of decisions on foundations; information about engineering equipment, about networks of engineering and technical support, a list of engineering and technical measures, the content of technological solutions, with the exception of decisions on external engineering networks (hereinafter referred to as standard design documentation), as well as the applicable standard design documentation for a capital construction object, which includes changes that do not affect the characteristics of structures, elements of structural systems of a capital construction object that affect the reliability of their work and the ability to maintain the operational qualities of a capital construction object during the life of such an object (hereinafter referred to as the modified standard design documentation that does not affect the design and other characteristics of reliability and safety capital construction facilities) is developed in accordance with Article 48 of the Code, taking into account the specifics established by the Regulations on the criteria for classifying design documentation as standard design documentation.

According to the Ministry of Regional Development of Russia, if the conclusion of the state expertise is issued in relation to project documentation, for example apartment building, consisting of a certain nomenclature of sections (ordinary, rotary, end, corner) with a certain set of apartments, as well as planning solutions for a staircase and elevator block indicating a specific type of elevator, then it can only be reused design decision recorded in the positive conclusion of the state examination. At the same time, according to part 6 of article 52 of the Code, the person carrying out the construction is obliged to carry out the construction of the facility in accordance with the design documentation approved by the developer or customer.

By virtue of subparagraph "b" of paragraph 23 of the Regulations, documents submitted for state examination shall be returned to the applicant without consideration, if the submitted design documentation and (or) the results of engineering surveys performed for the preparation of such design documentation are not subject to state examination.

In view of the foregoing, in the opinion of the Ministry of Regional Development of Russia, the decision on the need for a repeated state examination of project documentation, in the event that changes are made to the project documentation, is made by the developer (customer) in agreement with the person preparing the project documentation.

On issue 3. By virtue of part 15 of article 48, part 7 of article 52 of the Code, the deviation of the parameters of a capital construction object from the design documentation is allowed only on the basis of the design documentation newly approved by the developer or customer after making appropriate changes to it, subject to a positive conclusion from the state expertise.

Paragraph 45 of the Regulations establishes that when changes are made to the design documentation that has received a positive conclusion from the state expertise in terms of technical solutions that affect the structural reliability and safety of the capital construction facility, the design documentation can be sent again (2 or more times) for state expertise.

From the above rules it follows:

changes to the project documentation that has received a positive conclusion from the state expertise can be made both before obtaining a construction permit, and after obtaining such a permit - in the process of construction, reconstruction, overhaul of a capital construction object;

in the event that changes are made to the design documentation that has received a positive conclusion from the state expertise (including after obtaining a construction permit), in terms of technical solutions that affect the structural reliability and safety of the capital construction facility, the design documentation is re-sent for state expertise in the manner determined by the Decree of the Government of the Russian Federation of March 5, 2007 No. 145.

Making changes to the design documentation in the process of construction, reconstruction, overhaul of a capital construction object can be carried out by physical or legal entities who previously carried out the preparation of project documentation for the capital construction object. In exceptional cases, the developer or customer may involve other individuals or legal entities that comply with the requirements of the legislation of the Russian Federation for persons engaged in architectural and construction design.

The decision on whether the design and other characteristics of the reliability and safety of a capital construction object under construction, reconstruction, or repair are affected or not affected when changes are made to the design documentation is made in agreement with the developer or customer by the person making changes to the design documentation.

Making changes to the project documentation that has passed the examination

Making changes to the project documentation that has passed the examination may be required due to various reasons. At the same time, in some cases, the conduct of repeated expert work on the project is mandatory. All questions and nuances of making changes to the project documentation and conducting an examination for the second time, we will consider in this article.

Changes to project documentation and re-examination

Making adjustments to project documentation after receiving a positive summary of experts is a situation that occurs quite often. So, paragraph 7 of Art. 52 of the Town Planning Code directly prescribes to make appropriate corrections to the project if inconsistencies in the parameters from the theoretical data of the project documentation were found during the development process. Otherwise, discrepancies in the project data and the parameters of the actually constructed object will not allow you to subsequently draw up documents for the building.

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

• the corrected project documentation has already passed the examination and received a positive resolution on the results;
• the amendments made to the project did not affect the design and other characteristics of the object's reliability and safety;
• the adjustment of the project did not lead to an increase in the construction estimate.

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

At the same time, in clause 44 of Decree No. 145, the customer or developer is left with the choice of undergoing a re-examination of the corrected project, if the essence of the modification allows the re-examination not to pass. That is, in this case, the customer or the developer can, at their own request, undergo an examination of the project documentation again.

When is a re-examination of project documentation required?

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

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

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

Thus, it is clear that in any case, the need for another examination of the design documentation arises due to changes to it. Only in the first version, these changes are forced, due to previous errors or inaccuracies that led to a negative conclusion of the examination. In the second case, the amendments are voluntary, due to some external circumstances or adjustment of the project, associated with the objective application of theoretical data in the practical construction of a particular object.

List of changes affecting the safety of the capital construction facility

So, the most important question that needs to be solved by the developer or the customer who makes adjustments to the design documentation that has passed a positive examination: do the changes being made relate to technical solutions that affect the structural reliability and safety of the object? That is, in fact, to draw a conclusion about the need for another expert analysis of the project documentation.

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

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

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

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

Such a detailed enumeration avoids any doubts about the involvement of the amendments made to the project in the adjustment of work that affects the safety of the capital construction facility, and hence the need for another examination of the project.

The procedure for conducting a re-examination

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

• that part of the project documents in which changes were made;
• compatibility of the modified part of the project with the rest of the project documentation, on which an expert analysis was previously carried out.

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

1. Application for examination.
2. Project documentation that received a positive expert opinion earlier.
3. A copy of the positive conclusion.
4. Assignment for making adjustments to the project documentation.
5. Notice of amendments to the draft.

It should be borne in mind that the project can be considered at the re-examination in its entirety if, since the initial or last re-examination, amendments have been made to the legislation affecting the results of the state examination.

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

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

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

In practice, since experts rarely make mistakes, and litigation is not cheap and long, it is easier and more effective to amend the draft on the basis of comments and pass the examination again. Moreover, the Regulation on the examination, approved by Resolution No. 145, contains a provision allowing not to return to the applicant the documents submitted for examination in paper form, if the comments that caused the negative conclusion are eliminated, possibly without returning the documentation. In this case, the applicant is given a certain period to eliminate the shortcomings, after which he must submit to the expert organization that part of the design documentation that has undergone changes and a certificate describing the amendments made.

Thus, the corrected project documentation requires a re-examination, both mandatory and at the request of the developer. At the same time, it is very important not to miss the moment, to correctly assess the changes made to the design documents and conduct a re-examination, if required by law, otherwise there may be great difficulties with the documentation of the constructed object.

Modified design documentation

For violation of the requirements of project documentation, liability is provided in accordance with Article 9.4 of the Code of Administrative Offenses of the Russian Federation. In accordance with the law, all changes must be reflected in the project documentation. We will try to deal with the question: what does “modified project documentation” mean and is it always necessary to undergo a re-examination when changes are made in the project?

In accordance with Part.5 Article. 48.2 of the Civil Code of the Russian Federation, modified project documentation is recognized as project documentation, in which, after receiving a positive conclusion from the examination of project documentation (hereinafter referred to as EPD), changes have been made that do not affect the design and other safety characteristics of the capital construction object. If cost-effective project documentation is being prepared for capital construction projects reuse(Part 2 of Article 48.2 of the Civil Code of the Russian Federation), the introduction of these changes in the design documentation should also not lead to an increase in the estimate for the construction, reconstruction, overhaul of capital construction facilities in comparable prices. Cost-effective design documentation for reuse is prepared for facilities whose financing is planned at the expense of the budgets of the budget system of the Russian Federation or provided by legal entities with a state participation share of more than 50%.

When is a re-examination of project documentation needed?

Depending on what changes are made to the design documentation, a decision is made on the need for a re-examination or the need to confirm the modification of the design documentation.

Currently, there are two types of changes - through a re-examination or through a modification opinion:

• if changes in the PD relate to load-bearing structures, networks, engineering and technical support systems that affect the safety of facilities, and also affect qualitative and quantitative characteristics building materials and products, a re-examination of design documentation is required;
• in case of “modification” of the project documentation, when the changes do not affect the characteristics of the object listed above, a re-examination is not required. It is necessary to obtain a conclusion on the modification.

Recognition of design documentation as modified design documentation

Thus, re-examination of the project is required only in certain cases. If a re-examination is not necessary, a modification opinion must be obtained.

Project documentation is recognized as modified project documentation on the basis of the conclusion of the executive authority or organization that conducted the examination of the project documentation (hereinafter referred to as the conclusion). In accordance with Part 3.5 of Article 49 of the Civil Code of the Russian Federation, confirmation that the changes made to the design documentation after receiving a positive conclusion from the EPD do not affect the design and other safety characteristics of the capital construction object is the conclusion.

Since the standard form of the conclusion on the modification of project documentation is currently under development, it is recommended to use the form, approved. by order of the Ministry of Construction of the Russian Federation of November 16, 2016 N 38231-AB / 08.

The conclusion on the recognition of design documentation as modified design documentation contains general provisions, which indicate information about the capital construction object, the performers of the work, the applicant and other data. The conclusion also describes the modified project documentation (estimated cost and description of the modified sections). Based on the results of consideration of the documents submitted for the preparation of an opinion, conclusions are drawn on the recognition of the PD as modified, indicating the number of the conclusion, the number of the examination of the design documentation in respect of which the modification was made. The conclusion is signed by the experts of the relevant expert organization.

Where to submit documents for the preparation of the conclusion?

The developer or technical customer has the right to choose for which examination - state or non-state, to send the project documentation and the results of engineering surveys (with the exception of cases when only state expertise is provided for project documentation and engineering surveys performed for it). The preparation of the said opinion shall be carried out within a period not exceeding thirty days.

We tried to consider in detail the aspects related to the recognition of the design documentation as modified. If you have any questions, you can contact us for advice. MINEX LLC is accredited to conduct an examination of design documentation and engineering survey results and has the authority to issue opinions on the recognition of design documentation as modified. The company's staff includes 140 experts certified in various areas of activity. We will be glad to cooperate, contact us!

1st Avtozavodsky proezd, 4k1, floor 5, lift A