Part 6 of article 5.55 1 of the Civil Code of the Russian Federation. The legislative framework of the Russian Federation

On February 17, 2017, the Council of the National Association of Builders Association approved the draft Regulation on the maintenance of the National Register of Construction Specialists , inclusion in it of information about an individual, their changes or exclusions. The Regulation was prepared in accordance with Article 55.5-1 of the Town Planning Code of the Russian Federation (as amended by the Federal Law of July 3, 2016 No. 372-ФЗ “On Amending the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”), as well as the draft Procedure maintaining a national register of specialists in the field of engineering surveys and architectural and construction design, a national register of specialists in the field of construction, including information on physical persons in such registers Zach and the exclusion of such information changes in the information about a natural person included in such a register prepared by the Ministry of Construction and Housing and Communal Services of the Russian Federation.

Recall that in accordance with Federal Law No. 372-ФЗ, the creation and maintenance of a register of specialists in the organization of construction (LDCs) is entrusted to the Association of the National Association of Builders. From July 1, 2017, each organization a construction company - a member of a self-regulatory organization must have at least two construction organization specialists in compliance with those established by Article 55.5-1

The Urban Planning Code of the Russian Federation requirements, including:

a) higher education by profession, specialty or area of \u200b\u200btraining in the field of construction;

b) work experience, respectively, in organizations performing engineering surveys, preparing design documentation, construction, reconstruction, overhaul of capital construction facilities in engineering positions for at least three years;

c) the presence of a total length of service in a profession, specialty, or field of training in the field of construction for at least ten years;

d) advanced training specialist in the field of training

in the field of construction at least once every five years;

e) availability of a work permit (for foreign citizens).

In accordance with the Regulation, the application for inclusion of information in the Register of Specialists is submitted by the Applicant to a self-regulatory organization in the field of construction that performs the function of the Operator, of which the Applicant's employer is a member.

By a decision of the NOSTROY Council, a decision was made on the need for notarization of the authenticity of the applicant’s signature on the application for inclusion of information in the National Register of Specialists in the field of construction and notarization of a copy of a higher education diploma, and when submitting an application by mail, a copy of SNILS is additionally subject to notarization.

ATTACHMENT: regulations

02.17.2017

The meeting of the Council of the Association “National Association of Builders” chaired by the President of NOSTROI Andrey Molchanov was held on February 17, 2017.

The meeting was attended by 28 members of the Council, including the First Deputy Chairman of the Committee of the Council of the Federation of the Federal Assembly of the Russian Federation on federal structure, regional politics, local government and affairs of the North Arkady Chernetsky, Deputy Director of the Department of Industry and Infrastructure of the Government of the Russian Federation Nikolai Linchenko, as well as Oleg Speransky, Director of the Legal Department of the Russian Ministry of Construction, and Efim Basin, Honorary President of NOSTROY.

The Council approved the postponement of the date of the All-Russian Congress of self-regulatory organizations in construction to April 10, 2017 and the proposed draft agenda of the Congress. Members of the Council also supported the proposal of the President of NOSTROI Andrei Molchanov to discuss at district conferences and consider at the upcoming Congress the issue of changing the procedure for forming the Association Council. The basis is the regional principle of formation with the same number of representatives from each federal district and cities of federal significance in Moscow and St. Petersburg.

A heated discussion was caused by the approval of the draft Regulation on the National Register of Specialists (LDCs), especially its part regarding the way of submitting documents. Arkady Chernetsky, a member of the Federation Council, drew the attention of the Council to the fact that an institute of graduate engineers is being created from scratch in Russia, and this issue should be approached as responsibly as possible. In his opinion, it is necessary to ensure the most stringent filtering of the incoming information: checking the documents of specialists by both the SRO and the notary, followed by certification.

The coordinator of NOSTROY in the Northwestern Federal District, Georgy Bogachev, proposed requiring notarization of the personal statement of the specialist with his signature - this creates liability both on the part of the notary and the applicant.

Maintaining the register does not apply to SROs. Some graduates may work in an organization that does not require membership in an SRO, or may not work at the time of submission of information. In this case, the documents should be notarized and sent directly to NOSTROY. But you can ask for help on this issue in a regional self-regulatory organization.

Oleg Speransky, Director of the Legal Department of the Russian Ministry of Construction, noted that the responsibility for maintaining the register under the current legislation lies with the national association, so it has the right to decide what requirements to apply in order to protect itself.

As a result of a lengthy discussion, it was decided to approve the draft Regulation on maintaining the National Register of Specialists, taking into account the proposal on notarization of a copy of the diploma and the statement of the individual on its inclusion in the register. NOSTROY President Andrei Molchanov instructed to promptly introduce all the initiatives approved by the Council into the draft document, and to give members of the Council and coordinators their comments on the regulations by February 21. Based on the results of the preliminary discussion and approval by the NOSTROI Expert Council, the Regulation may be recommended for use in the absence of significant comments from the members of the Council.

24.01.2017

Letter of the Ministry of Construction of Russia of 10.01.2017 N 144-OS / 02

"On the application of the provisions of the Federal Law of 03.07.2016 N 372-ФЗ" On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation " The Ministry of Construction of Russia has clarified some issues that arise in connection with the transition of construction organizations from one SRO to another

In particular, the Ministry of Construction of Russia indicated that:

If the legal entity or individual entrepreneur was a member of two SRO builders (at the place of registration and at a place different from the place of registration) upon termination of membership in the SRO at a place different from the place of registration, the transfer of the contribution from the SRO compensation fund, in which it was stopped membership of the organization is not performed;

After a legal entity and (or) individual entrepreneur has paid a contribution to the SRO compensation fund (funds) according to the declared level of responsibility and taking into account the minimum contributions to such funds established by the Town Planning Code of the Russian Federation, the SRO is entitled to issue such a member a certificate of admission to a certain type of work, affecting the safety of capital construction facilities;

If an SRO whose membership has been terminated does not fulfill its obligation to transfer contributions, legal entities (individual entrepreneurs) are required to make an additional contribution to the compensation damages fund and the compensation fund to secure contractual obligations of the new SRO in accordance with the declared level of responsibility and in accordance with notification and settlement received from SRO;

The SRO is liable for the obligations of legal entities and individual entrepreneurs who made the transition to the SRO at the place of registration, which arose as a result of harm, the SRO, in whose members such a legal entity, an individual entrepreneur is admitted, from the date of receipt of the corresponding contribution to the compensation compensation fund, including in connection with the infliction of harm due to deficiencies in the work carried out before the day of receipt of the corresponding contribution to the compensation compensation fund oic SRO.

12.01.2017

On January 12, 2017, under the chairmanship of the President of NOSTROI Andrey Molchanov, the first meeting of the Council of the Association “National Association of Builders” was held in the new year. 26 members took part in it, as well as Oleg Speransky, director of the Legal Department of the Russian Ministry of Construction.

The agenda item on conceptual approaches for maintaining the National Register of Specialists (LDCs) in the field of construction was introduced on the recommendation of the Expert Council. The Deputy Executive Director of NOSTROY Sergey Pugachev reported on the results of the implementation of the plan for the preparation of the necessary documents for the implementation of Federal Law No. 372-ФЗ relating to the development and implementation of LDCs.

He noted that NOSTROY has been systematically conducting this work since July 2016 - since the entry into force of 372-FZ. The Association has already developed and in early December 2016 posted for public discussion on the NOSTROY website drafts of three regulations: the conduct of LDCs; receiving documents from individuals for entering information into LDCs; provision of information from LDCs. These documents were also discussed at the Expert Council. In addition, the sectoral qualifications framework for engineers in the field of construction was updated and approved by the Council on Professional Qualifications, taking into account the specialization of the construction organizers, and the professional standard “Construction Production Organizer” was updated.

28.12.2016

The Ministry of Justice of Russia registered the order of Rostekhnadzor on the cancellation of the certificate of admission form on July 1, 2017.

The Ministry of Justice of the Russian Federation registered the Order of the Federal Service for Ecological, Technological and Atomic Supervision of November 28, 2016 No. 498, according to which from July 1, 2017 the following will cease to be in force:

Order of July 5, 2011 No. 356 “On approval of the form of the certificate of admission to a certain type or types of work that affect the safety of capital construction projects”;
Order of January 29, 2014 No. 35 “On Amending Order of the Federal Service for Ecological, Technological and Atomic Supervision of July 5, 2011 No. 356“ On Approving the Form of a Certificate of Admission to a Specific Type or Types of Work that Affect safety of capital construction projects. ”

As indicated in the document, the order of Rostekhnadzor was prepared in order to bring regulatory legal acts of the Federal Service for Ecological, Technological and Atomic Supervision in accordance with the requirements of the Federal Law of July 3, 2016 No. 372-ФЗ “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation.

09.12.2016

The Bank of Russia has sent to the Ministry of Construction of Russia a list of banks for the placement of SRO funds as of November 1, 2016

The Bank of Russia Banking Supervision Department, in response to a letter from the Ministry of Construction and Housing and Communal Services of the Russian Federation dated 10.11.2016 No. 37294-ХМ / 02, sent a list of credit organizations that meet the requirements of the Government of the Russian Federation dated September 27, 2016 No. 970 “On requirements to credit organizations, in which it is allowed to place funds of compensation funds of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction stocks, capital repairs of objects of capital construction ". The list of banks was compiled as of November 1, 2016.

Recall, at the end of September, Russian Prime Minister Dmitry Medvedev signed a decree on requirements for banks that allow the placement of compensation funds of self-regulatory organizations (SROs). One of the main criteria is the availability of at least 100 billion rubles in a credit institution's own funds. Also among the requirements is a bank having a general license of the Central Bank of the Russian Federation for banking operations.

List of credit organizations

Association "SpetsStroyReconstruction" announces the opening of a special account in the "Bank Opening"

01.12.2016

Admission to membership of the SRO is possible only after the termination of membership in the old SRO

An article was again published on one of the Internet resources with recommendations on how to correctly transfer a contribution to the fund from one self-regulatory organization to another.

Remaining indifferent to issues arising in the process of applying the norms of urban planning legislation, the author expresses the opinion that a construction organization can join the new self-regulatory organization without terminating membership in the former self-regulatory organization and at the same time, count on the subsequent transfer of the contribution made earlier to the previous SRO to the fund.

At the same time, the National Association of Builders Association draws the attention of construction and self-regulatory organizations to Part 5 of Article 3.3 of Federal Law dated December 29, 2004 No. 191-ФЗ On the Enactment of the Town Planning Code of the Russian Federation, which imperatively establishes that individual entrepreneurs and legal entities that are members of a nonprofit organization having the status of a self-regulatory organization, no later than December 1, 2016 must notify such a nonprofit body in writing zatsiyu its intention to voluntarily terminate membership in a self-regulatory organization, including with the subsequent transition to another self-regulatory organization.

It follows from the indicated norm that such notifications are submitted only in relation to the new SRO, in which the member is not yet a member at the time of the notification, but is going subsequent transition.

Moreover, according to part 6 of the same article, the membership of a legal entity / individual entrepreneur in a former self-regulatory organization terminates from the date specified in the notice of voluntary termination of membership (but no later than July 1, 2017). To terminate membership on the grounds of this article to a member no need to wait for a decision SRO management bodies on confirmation termination of membership.

According to part 13 of the same article, a legal entity, an individual entrepreneur, voluntarily terminated membership in order to transfer to another self-regulatory organization at the place of registration of such a legal entity or individual entrepreneur, in a self-regulatory organization, from the day of the decision to accept them as members of a new self-regulatory organization, but no later than September 1, 2017, apply to a self-regulatory organization, termination of membership by such legal entity, individual entrepreneur in accordance with the specified article (that is, by means of the notification provided by parts 5 and 6 of this article) for transferring their contribution to the fund to the SRO to which they go over. The above norm directly indicates that the person has the right to apply for the transfer of a contribution from the day the decision on acceptance is madeto members newself-regulatory organization, while such a statement is submitted to the self-regulatory organization, membership in which was terminated at this point.In addition, the possibility of transferring a contribution to the fund in the SRO to which such a member is transferred, and not to the one of which he is a member, is clearly indicated.

The National Association of Builders has already informed the community that some self-regulatory organizations, contrary to the expressed will of their members, either impede the termination of membership or terminate the membership on other grounds with the aim of refusing to transfer the compensation funds of their members to new SROs. Moreover, refusals to transfer arise in cases where members themselves violate the procedure established by law for voluntary termination of membership and transition to new SROs. The recommendation given in the above article on the possibility of terminating membership in the old SRO after the date of admission to the new SRO has already led to refusals to transfer compensation funds to the new SROs precisely on the basis of a violation of the procedure for voluntary termination of membership.

The Association of National Builders Association draws the attention of respected readers to the prepared guidelines for members of self-regulatory organizations who intend to transfer to another self-regulatory organization, or to maintain membership in the former self-regulatory organization.

The Association of National Builders Association once again calls on construction and self-regulatory organizations to be guided in their activities by the provisions of the Town Planning Code of the Russian Federation, taking into account the provisions of Federal Law No. 372-ФЗ and, if necessary, to seek clarification from NOSTROY, including through the online reception of the President of NOSTROY .

Article 55.5-1. Specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design, specialists in the organization of construction

1. The specialist in the organization of engineering surveys, the specialist in the organization of architectural and construction design, the specialist in the organization of construction is an individual who has the right to carry out labor functions for the organization of the performance of engineering surveys under an employment contract concluded with an individual entrepreneur or legal entity, preparation of design documentation, construction, reconstruction, overhaul, demolition of a capital construction project longwall project engineer, chief architect of the project and details of which are included in the national register of experts in the field of engineering studies and architectural design or in the national register of experts in the field of construction.

2. Specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design, information about which is included in the national register of specialists in the field of engineering surveys and architectural and construction design, is involved by an individual entrepreneur or legal entity under an employment contract in order to organize the performance of work accordingly engineering surveys, preparation of project documentation.

3. The official duties of specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design include, respectively:

1) preparation and approval of tasks for the implementation of engineering surveys, tasks for the preparation of design documentation for the capital construction facility;

2) determination of criteria for the selection of participants in engineering surveys, preparation of project documentation and selection of performers of such works, as well as coordination of the activities of performers of such works;

3) presentation, coordination and acceptance of the results of work on the implementation of engineering surveys, preparation of project documentation;

4) approval of the results of engineering surveys, design documentation;

5) approval in accordance with part 15.2 of article 48 of this Code of confirmation of conformity of changes introduced into the design documentation with the requirements specified in part 3.8 of article 49 of this Code.

3.1. The duty stipulated by paragraph 5 of part 3 of this article is performed by a specialist in the organization of architectural and construction design as the chief engineer of the project.

4. Specialists in the organization of construction, information on which is included in the national register of specialists in the field of construction, is engaged by an individual entrepreneur or legal entity under an employment contract in order to organize the implementation of construction, reconstruction, overhaul, demolition of capital construction projects.

5. The official duties of specialists in the organization of construction include:

1) organization of incoming control of project documentation of the capital construction project, project of the organization of work on the demolition of the capital construction project;

2) operational planning, coordination, organization and conduct of construction control during the construction, reconstruction, overhaul of the capital construction object, operational planning, coordination and organization of the demolition of the capital construction object;

3) acceptance of completed types and individual stages of construction, reconstruction, overhaul, demolition of capital construction objects, elements, structures and parts of capital construction objects, networks of engineering and technical support, their sections with the right to sign the relevant documents;

4) signing the following documents:

A) the acceptance certificate of the capital construction facility;

B) a document confirming the compliance of the constructed, reconstructed capital construction facility with the requirements of technical regulations;

C) a document confirming the compliance of the parameters of the constructed, reconstructed capital construction project design documentation, including the requirements of energy efficiency and the requirements of equipping the capital construction facility with meters for the use of energy resources;

D) a document confirming the compliance of the constructed, reconstructed capital construction object with the technical conditions for connecting (technological connection) to the networks of engineering and technical support (if any).

6. Information about the individual referred to in part 1 of this article shall be included in the national register of specialists in the field of engineering surveys and architectural and construction design, respectively, in the national register of specialists in the field of construction (hereinafter also the national registers of specialists) of the relevant National Association of self-regulatory organizations based on the application of such a person, subject to its compliance with the following minimum requirements:

1) the availability of higher education by profession, specialty or area of \u200b\u200btraining in the field of construction;

2) work experience, respectively, in organizations performing engineering surveys, preparing design documentation, construction, reconstruction, overhaul, demolition of capital construction objects in engineering positions for at least three years;

3) the presence of a total length of service in the profession, specialty or field of training in the field of construction for at least ten years;

4) professional development of a specialist in the field of training in the field of construction at least once every five years;

5) the availability of a work permit (for foreign citizens).

6.1. The federal executive body performing the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, urban planning, may establish additional requirements for the specialist specified in part 3.1 of this article.

7. The procedure for including information about an individual in the national registers of specialists and their exclusion from such registers, as well as a list of areas of training in the field of construction, is approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

8. The national association of self-regulatory organizations refuses an individual to include information about him in the national register of specialists in the event of:

1) non-compliance of such a person with the requirements established by paragraph 6 of this article;

2) establishing the fact of submission of documents containing false information;

3) the presence of such an individual's outstanding or unexpunged criminal record for the commission of an intentional crime;

4) the availability of such an individual decision to exclude information about him from the national register of specialists on the grounds specified in clauses 3 to 5 of part 9 of this article, accepted for a period of not more than three years preceding the filing date of the application specified in part 6 of this articles;

5) the availability of such an individual decision to exclude information about him from the national register of specialists adopted for a period of not less than two years preceding the filing date of the application specified in paragraph 6 of this article.

9. Information about an individual specified in part 1 of this article shall be excluded from the national register of specialists:

1) based on the application of such an individual;

2) in connection with the death of such an individual (including on the basis of an appeal from a self-regulatory organization);

3) in the event that due to the fault of such an individual, payments were made from compensation funds of a self-regulatory organization and the guilt of this specialist was established by a court (including on the basis of an appeal from a self-regulatory organization);

4) in the event that such an individual is brought to administrative responsibility two or more times for similar offenses committed in the course of engineering surveys, preparation of design documentation for one capital construction project, committed during construction, reconstruction, major repairs, demolition of one capital construction project (including on the basis of the appeal of a self-regulatory organization);

5) if an individual entrepreneur or legal entity whose employee is such an individual, through the fault of such an individual is included in the register of unscrupulous suppliers (contractors, performers) and the fault of such an individual is established by the court (based on the appeal of such an individual entrepreneur or such legal entity) ;

6) upon the expiration of a valid period of a temporary residence permit in the Russian Federation and a validity period of a work permit.

10. The national register of specialists in the field of engineering surveys and architectural and construction design, the national register of specialists in the field of construction is maintained by the relevant National Association of Self-Regulating Organizations.

11. National registries of specialists should contain the following information:

1) surname, name, patronymic (if any) of an individual;

2) the type of work carried out by an individual (organization of work on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul, demolition of capital construction objects);

3) the date of the decision to include information about an individual in the national register of specialists or the decision to exclude information about such an individual from the national register of specialists.

12. The information contained in the national register of specialists shall be posted on the website of the corresponding National Association of Self-Regulated Organizations on the Internet and should be available for review without charge.

13. The procedure for maintaining national registries of specialists, the procedure for amending information about individuals included in such registers, are established by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

ST 55.5 of the Civil Code of the Russian Federation.

1. Prior to entering information about it in the state register of self-regulatory organizations, a non-profit organization is obliged to develop and approve documents stipulated by the legislation of the Russian Federation on non-profit organizations and the Federal Law "On Self-Regulated Organizations", as well as the following internal documents of a self-regulatory organization:

1) on the compensation fund for compensation for harm;

2) on the compensation fund for ensuring contractual obligations (in the cases provided for);

3) on the register of members of a self-regulatory organization;

4) on the procedure for considering complaints about actions (inaction) of members of a self-regulatory organization and other appeals received by a self-regulatory organization;

5) on the conduct by a self-regulatory organization of an analysis of the activities of its members on the basis of the information provided by them in the form of reports;

6) on membership in a self-regulatory organization, including on requirements for members of a self-regulatory organization, on the size, procedure for calculating and paying the entry fee, membership dues.

2. A self-regulatory organization may develop and approve internal documents:

1) on the insurance by members of a self-regulatory organization of civil liability risk that may occur in the event of damage due to work deficiencies that affect the safety of capital construction facilities, on the conditions of such insurance;

2) on liability risk insurance for violation by members of a self-regulatory organization of the terms of a contract for engineering surveys, for the preparation of design documentation, a construction contract, a demolition contract, as well as the conditions of such insurance;

3) other internal documents.

3. The internal documents of a self-regulatory organization provided for by parts 1 and 2 of this article may not contradict the legislation of the Russian Federation and the charter of a non-profit organization.

4. A self-regulatory organization in the course of its activities, in addition to the standards stipulated by the Federal Law "On Self-Regulating Organizations" (hereinafter referred to as the standards of a self-regulatory organization), approves the qualification standards of a self-regulatory organization in the relevant field of activity no later than three months from the date of assignment of the status of a self-regulatory organization .

5. The qualification standards of a self-regulatory organization are internal documents of a self-regulatory organization and determine the characteristics of qualifications (the required level of knowledge and skills, the level of independence in the performance of a labor function, differentiated depending on the direction of activity), necessary for employees to carry out labor functions to perform engineering surveys, prepare the design documentation, the implementation of construction, reconstruction, overhaul, demolition of facilities to pitalnogo construction.

6. Requirements for members of a self-regulatory organization, established in the standards of a self-regulatory organization and in internal documents of a self-regulatory organization, cannot be lower than the minimum established in this part:

1) qualification requirements for individual entrepreneurs, as well as heads of a legal entity, independently organizing the implementation of engineering surveys, preparation of project documentation, construction, reconstruction, overhaul, demolition of capital construction facilities, - the presence of a higher education of the corresponding profile and work experience in the specialty of at least five years;

2) requirements for an individual entrepreneur or legal entity to have specialists in the organization of engineering surveys (chief project engineers), specialists in the organization of architectural and construction design (chief project engineers, chief project architects), construction organization specialists (chief project engineers), labor whose function includes, respectively, the organization of the implementation of engineering surveys, the preparation of project documentation, construction works to real estate, reconstruction, overhaul, demolition of capital construction objects and information about which are included in the national registers of specialists provided for (hereinafter also referred to as specialists) - at least two specialists at the place of main work.

7. The requirement for a minimum number of specialists of an individual entrepreneur or legal entity at the place of main work can be increased by a self-regulatory organization, including, if necessary, the implementation by such specialists of a labor function, including the organization of work on engineering surveys, the preparation of design documentation for cultural heritage sites in order to preservation of such facilities, as well as, if necessary, the implementation by such specialists of a labor function, including organization of work on engineering surveys, on preparation of project documentation, on construction, reconstruction, overhaul, demolition of capital construction projects depending on their technical complexity and potential danger, on the cost of one contract for engineering surveys, preparation of design documentation, construction contract contract, contract for demolition.

8. Requirements for members of a self-regulatory organization performing engineering surveys, preparing project documentation, construction, reconstruction, overhaul, demolition of highly dangerous, technically complex and unique objects, differentiated taking into account the technical complexity and potential danger of such objects, are established in the internal documents of the self-regulatory organizations and cannot be lower than the minimum established by the Government of the Russian Federation.

9. The standards of the self-regulatory organization and internal documents may not contradict this Code, the legislation of the Russian Federation on technical regulation, as well as the standards for the processes of performing engineering surveys, preparation of design documentation, construction, reconstruction, overhaul, demolition of capital construction projects approved by the relevant National Association of Self-Regulating Organizations.

10. Standards of a self-regulatory organization and internal documents of a self-regulatory organization are approved by a permanent collegial governing body of a self-regulatory organization, with the exception of internal documents, the approval of which is referred to the exclusive competence of the general meeting of members of a self-regulatory organization. Standards of a self-regulatory organization and internal documents of a self-regulatory organization are mandatory for all its members, their specialists and other employees.

11. The procedure for developing standards of a self-regulatory organization and internal documents of a self-regulatory organization is determined independently by a self-regulatory organization in compliance with the requirements established by this article.

12. Internal documents of a self-regulatory organization provided for by parts 1 and 4 of this article, the development and approval of which are a self-regulatory organization are mandatory, changes made to such documents, decisions on the recognition of such documents as invalid become effective not earlier than from the day of entering information about them to the state register of self-regulatory organizations in accordance with.

13. The internal documents of a self-regulatory organization, provided for by part 2 of this article, the amendments made to these documents, decisions on the recognition of such documents as null and void shall enter into force no earlier than ten days after the day of their adoption.

14. The internal documents of the self-regulatory organization, provided for by parts 1, 2 and 4 of this article, the amendments made to these documents, decisions adopted by the permanent collegial management body of the self-regulatory organization, shall be placed no later than three business days from the date of their adoption on the website of this self-regulatory organization on the Internet and in the direction (with the exception of decisions made by the permanent collegial management body of the self-regulatory organization in relation to members self-regulatory organization) on paper or in the form of electronic documents (a package of electronic documents) signed by the self-regulatory organization using an enhanced qualified electronic signature to the supervisory authority of self-regulatory organizations.

Article 55. Issuance of permission to put an object into operation

checked today
code of 07/01/2019
entered into force December 30, 2004

Art. 55 Town Planning Code as last revised on January 1, 2019.

The article has a new edition, effective January 1, 2021.
View changes in a future edition

Compare with the editorial of the article dated 01/01/2021 09/01/2018 04/08/2018 01/01/2018 01/01/2017 01/01/2017 12/31/2016 07/07/2016 06/13/2016 07/13/2015 01/22/2015 01/01/2013 06/25/2012 01/01/2012 11/29/2011 07/22/2011 07/01/2011 03/25/2011 12/07/2010 11/27/2009 01/01/2009 05/17/2008 01/01/2007 29/07/2006 01/01/2006 12/30/2004

The permission to put the facility into operation is a document that certifies the completion of construction, reconstruction of the capital construction facility in full in accordance with the construction permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction facility with the requirements for construction, reconstruction of the capital construction facility, established on the date of issuance submitted for obtaining a permit for the construction of urban land plot, permitted use of the land plot, or in the case of construction, reconstruction of a linear object, a territory planning project and a land surveying project (with the exception of cases in which the construction of a linear object does not require the preparation of territory planning documentation), a territory planning project in case issuing permits for commissioning a linear facility, the placement of which does not require the formation of a land plot, as well as restrictions tanovlenii in accordance with the land and other Russian legislation.

To commission the facility, the developer applies to the federal executive body, the executive body of the constituent entity of the Russian Federation, the local government, the State Atomic Energy Corporation Rosatom or the State Space Corporation Roscosmos, which issued the building permit, directly or through multifunctional center with an application for the issuance of permission to put the facility into operation.

To make a decision on issuing permission to put an object into operation, the following documents are required:

1) title documents for the land, including an agreement on the establishment of easement, a decision on the establishment of a public easement;
2) the town-planning plan of the land plot submitted for obtaining a building permit, or in the case of construction, reconstruction of a linear object, a territory planning project and a land surveying project (except for cases in which the preparation of territory planning documentation is not required for the construction or reconstruction of a linear object) , a project for the planning of the territory in the case of issuing a permit for commissioning a linear facility for the placement of which the formation of land is not required TKA;
3) building permit;
4) the act of acceptance of the capital construction object (in the case of construction, reconstruction on the basis of a construction contract);
5) has become invalid since August 4, 2018 - Federal Law of August 3, 2018 N 340-ФЗ
6) an act confirming the compliance of the parameters of the constructed, reconstructed capital construction project with project documentation, including the requirements of energy efficiency and the requirements for equipping the capital construction project with meters for energy resources used, and signed by the person carrying out the construction (the person carrying out the construction, and the developer or technical by the customer in case of construction, reconstruction on the basis of a construction contract poison, as well as by the person exercising construction control, in the case of building control on the basis of the contract);
7) documents confirming the compliance of the constructed, reconstructed capital construction object with the technical conditions and signed by representatives of organizations operating engineering networks (if any);
8) a diagram showing the location of the constructed, reconstructed capital construction object, the location of the engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot and signed by the person carrying out the construction (the person carrying out the construction, and the developer or technical customer in case of construction, reconstruction on the basis of a construction contract), with the exception of cases of construction, reconstruction of a linear facility and;
9) the conclusion of the state construction supervision body (if it is envisaged to carry out state construction supervision in accordance with Part 1 of Article 54 of this Code) on the compliance of the constructed, reconstructed capital construction facility with the requirements of design documentation, including the requirements for energy efficiency and the requirements for equipping a capital facility construction of metering devices for used energy resources, conclusion of an authorized person to implement ederalnogo state environmental supervision of the federal executive body (hereinafter - the authority of the federal state ecological control), issued in the cases specified in paragraph 7 of Article 54 of this Code;
10) a document confirming the conclusion of a contract of compulsory civil liability insurance of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility in accordance with the legislation of the Russian Federation on compulsory civil liability insurance of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility;
11) the act of acceptance of the work performed to preserve the object of cultural heritage, approved by the relevant body for the protection of cultural heritage, defined by the Federal Law of June 25, 2002 N 73-ФЗ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation", when restoration, conservation, repair of this object and its adaptation for modern use;
12) the technical plan of the capital construction project, prepared in accordance with the Federal Law of July 13, 2015 N 218-ФЗ "On state registration of real estate";
13) has become invalid since August 4, 2018 - Federal Law of August 3, 2018 N 342-ФЗ

3.1. The document and conclusion specified in clauses 6 and 9 of part 3 of this article shall contain information on the normative values \u200b\u200bof indicators included in the energy efficiency requirements of the capital construction object, and on the actual values \u200b\u200bof such indicators determined in relation to the constructed, reconstructed capital construction object as a result of research, measurements, examinations, tests, as well as other information on the basis of which the compliance of such an object with the requirements is established Niyama energy efficiency and the requirements of its equipment metering devices used energy resources. During the construction, reconstruction of an apartment building, the conclusion of the state construction supervision body should also contain information on the energy efficiency class of the apartment building, determined in accordance with the legislation on energy conservation and on increasing energy efficiency.

Documents (their copies or information contained in them) specified in clauses 1, 2, 3 and 9 of part 3 of this article shall be requested by the bodies referred to in part 2 of this article in state bodies, local self-government bodies and subordinate to state bodies or bodies local government organizations in possession of these documents, if the developer has not submitted these documents independently.

The documents referred to in paragraphs 1, 4, 5, 6, 7 and 8 of part 3 of this article shall be sent by the applicant independently if the specified documents (their copies or information contained in them) are not available at the disposal of state authorities, local authorities or subordinate government or local government organizations. If the documents specified in this part are at the disposal of state authorities, local authorities or organizations subordinate to state bodies or local authorities, such documents shall be requested by the body specified in part 2 of this article from the bodies and organizations that have such documents, if the developer has not submitted these documents independently.

Upon interdepartmental requests of the authorities referred to in part 2 of this article, the documents (copies thereof or information contained therein) provided for by part 3 of this article shall be provided by state bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies at the disposal of which these documents are located, no later than three business days from the date of receipt of the relevant interagency request.

The Government of the Russian Federation may establish, in addition to those stipulated by part 3 of this article, other documents necessary for obtaining permission to put the facility into operation, in order to obtain in full the information necessary for putting the capital construction object into state accounting.

To obtain permission to put an object into operation, it is permitted to require only the documents specified in parts 3 and 4 of this article. Documents provided for by parts 3 and 4 of this article may be sent in electronic form. The Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation (with regard to cases of issuing permission to put an object into operation by executive authorities of constituent entities of the Russian Federation, local self-government bodies) may establish cases in which the direction referred to in parts 3 and 4 of this article documents carried out exclusively in electronic form. The procedure for sending the documents referred to in parts 3 and 4 of this article to the federal executive bodies, executive bodies of a constituent entity of the Russian Federation, local authorities, the State Atomic Energy Corporation Rosatom or the State Corporation authorized to issue permits for commissioning the facility for space activities, Roscosmos is electronically set by the Government of the Russian Federation.

The authority, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos", which issued the building permit, must ensure within seven working days from the date of receipt of the application for the issuance of permission to put the facility into operation that documents are checked and correct specified in part 3 of this article, inspection of the capital construction facility and issue the applicant permission to put the facility into operation or refuse to issue such permission with Azan reasons for the refusal. During the inspection of the constructed, reconstructed capital construction object, the compliance of such an object with the requirements specified in the building permit, the requirements for the construction, reconstruction of the capital construction facility established on the date of issue of the land plot submitted for obtaining the permit for construction, or in case of construction, is checked , reconstruction of a linear object to the requirements of the territory planning project and the land surveying project ii (with the exception of cases in which the construction and reconstruction of a linear facility does not require the preparation of territory planning documentation), the requirements established by the territory planning project, if a permit is issued for commissioning a linear facility, the placement of which does not require the formation of a land plot, as well as the permitted use of the land, the restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of the project document entatsii, including energy efficiency requirements and the requirements of the facilities of capital construction accounting devices used energy resources. If during the construction and reconstruction of the capital construction object state construction supervision is carried out in accordance with part 1 of Article 54 of this Code, inspection of such an object by the body that issued the building permit is not carried out.

The grounds for refusing to issue a permit for putting an object into operation are:

Failure to receive (untimely receipt) of the documents requested in accordance with paragraphs 3.2 and 3.3 of this article shall not be grounds for refusing to issue permission to put the facility into operation.

A refusal to issue a permit for putting an object into operation may be challenged in court.

Permission to put an object into operation (except for a linear object) is issued to the developer if the federal executive authority, executive authority of the constituent entity of the Russian Federation, local government, the State Atomic Energy Corporation Rosatom or the State Corporation for Space Activities " Roscosmos ", which issued a building permit, was given a free copy of the scheme showing the location of the constructed, reconstructed capital construction facility land, the location of networks of engineering and technical support within the boundaries of the land plot and the planning organization of the land plot to place such a copy in the state information system for providing urban planning activities.

Federal executive body, executive body of a constituent entity of the Russian Federation, local government, State Atomic Energy Corporation Rosatom or State Space Corporation Roscosmos, which issued permission to put the facility into operation, within five working days from the date of issue such permission is provided (including using a single system of interdepartmental electronic interaction and regional systems of interdepartmental e-technology connected to it) electronic interaction) transfer to the authorized bodies of state constituent entities of the Russian Federation, local government bodies of municipal districts, urban districts, information, documents, materials specified in clauses 3, 9–9.2, 11 and 12 of part 5 Article 56 of this Code.

The permission to put the facility into operation is the basis for state registration of the constructed capital construction object, for amending the state accounting documents of the reconstructed capital construction object.

A mandatory annex to the permission to put the facility into operation is the technical plan of the capital construction facility submitted by the applicant, prepared in accordance with Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate".

The permit for putting the facility into operation should reflect information on the capital construction facility in the amount necessary to carry out its state cadastral registration. The composition of such information must comply with the requirements for the composition of information in the graphic and text parts of the technical plan established in accordance with Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate".

After the completion of the construction of the capital construction object, the person carrying out the construction is obliged to transfer the results of engineering surveys, design documentation, acts of survey of works, structures, sections of the engineering and technical support networks of the capital construction object, other documentation necessary for the operation of such an object to the developer of such an object.

When carrying out work to preserve the object of cultural heritage, permission to commission such an object is issued taking into account the features established by the legislation of the Russian Federation on the protection of cultural heritage objects.

The permission form for putting the facility into operation is established by the federal executive body authorized by the Government of the Russian Federation.

Within three working days from the date of issuance of the permission to put the facility into operation, the body that issued the permit shall send a copy of such permission to the federal executive body authorized to carry out state construction supervision, if a permit is issued for commissioning capital construction facilities referred to in paragraph 5.1 of Article 6 of this Code, or to the executive authority of a constituent entity of the Russian Federation authorized to carry out state construction of supervision, if granted permission for commissioning of other capital construction.

In the cases provided for by paragraph 9 of part 7 of Article 51 of this Code, within three business days from the date of issuance of the permission to put the facility into operation, the federal executive body, executive body of the constituent entity of the Russian Federation, local government, State Atomic Energy Corporation Rosatom "or the State Space Corporation Roscosmos, which issued such a permit, send (including using a single system of interagency electronic interaction action and the regional systems of interdepartmental electronic interaction connected to it) a copy of such a permit to state authorities or local authorities that have decided to establish or change a zone with special conditions for the use of the territory in connection with the placement of the facility in respect of which permission has been issued to enter the facility into operation.

A permission to put an object into operation is not required if, in accordance with part 17 of Article 51 of this Code, the issuance of a building permit is not required for the construction or reconstruction of the object.

In the case of construction or reconstruction of an individual housing construction object or garden house, the developer shall submit the paper form by personal appeal to the federal executive body authorized to issue construction permits no later than one month from the date of completion of construction or reconstruction of the individual housing construction or garden house , an executive authority of a subject of the Russian Federation or a local government, including through a functional center, or sends to these authorities by post with a delivery receipt or a single portal of state and municipal services a notice of completion of construction or reconstruction of an individual housing project or garden house (hereinafter - completion notification). The notice of completion must contain the information provided for in paragraphs 1 - 5, 7 and 8 of part 1 of Article 51.1 of this Code, as well as information on the parameters of the constructed or reconstructed individual housing construction object or garden house, on the payment of the state fee for the implementation of state registration of rights, about the method of sending the developer the notice provided for in paragraph 5 of part 19 of this article. The notice of completion is accompanied by:

1) the documents specified in clauses 2 and 3 of part 3 of article 51.1 of this Code;
2) the technical plan of the individual housing construction or garden house;
3) an agreement concluded between the rightholders of the land plot on the determination of their shares in the right of common shared ownership of the constructed or reconstructed individual housing project or garden house if the land plot on which the individual housing construction or garden house is built or reconstructed belongs to two and more to citizens on the right of common shared ownership or on the right of lease with a plurality of persons on the side of the tenant.

If there is no information in the notice of completion of construction specified in the first paragraph of part 16 of this article, or if there are no documents attached to it and provided for in paragraphs 1 to 3 of part 16 of this article, as well as if the notification of completion of construction was received after ten years from the date of receipt of the notice of the planned construction, in accordance with which the construction or reconstruction of the individual housing construction or garden house, or Litigation about the planned construction of such an individual housing project or garden house has not been sent before (including return to the developer in accordance with part 6 of Article 51.1 of this Code), authorized to issue construction permits by the federal executive body, executive body of the constituent entity of the Russian Federation or a local government within three working days from the date of receipt of the notice of completion of construction returns a notification to the developer the completion of construction and the documents attached to it without consideration, indicating the reasons for the return. In this case, the notice of completion is considered non-directional.

The completion notification form is approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

Authorized to issue building permits, the federal executive body, executive body of the constituent entity of the Russian Federation or local government within seven working days from the date of receipt of the notice of completion:

1) checks the conformity of the parameters specified in the notice of completion of construction of an individual housing construction or garden building with the current effective date of receipt of the notice of planned construction of the maximum parameters for permitted construction, reconstruction of capital construction, established land use and development rules, and planning documentation , and mandatory requirements for the parameters of capital objects the property established by this Code, other federal laws (including if the specified limit parameters or mandatory requirements for the parameters of capital construction objects are changed after the day of receipt of the notice of the planned construction by the relevant authority and the notice of completion confirms the compliance of the parameters of the constructed or reconstructed object of individual housing construction or garden house to the maximum parameters and mandatory required to the parameters of capital construction objects effective as of the date of receipt of the notice of planned construction). If the notice of completion confirms the compliance of the parameters of the constructed or reconstructed individual housing construction object or the garden house with the limit parameters and the mandatory requirements for the parameters of the capital construction objects valid at the date of receipt of the notification of the completion of construction, the compliance of the parameters of the constructed or reconstructed individual housing or garden house specified limit n new parameters and mandatory requirements for the parameters of capital construction objects, valid on the date of receipt of the notice of completion of construction;
2) verify by inspecting an individual housing project or garden house the appearance of the individual housing project or garden house according to the appearance of such an object or house, which is an annex to the notice of planned construction (provided that the developer within the time period specified in paragraph 3 of the part 8 of Article 51.1 of this Code, a notification was not sent about the inconsistency of the parameters of an individual personal building or garden house according to the established parameters and (or) the inadmissibility of placing an individual housing construction object or garden house on a land plot on the basis specified in paragraph 4 of part 10 of Article 51.1 of this Code), or a typical architectural solution specified in the notice of planned construction, in case of construction or reconstruction of an individual housing project or garden house within the boundaries of a historical settlement of federal or regional significance;
3) check the conformity of the type of permitted use of the individual housing construction object or garden house with the type of permitted use specified in the notice of planned construction;
4) check the permissibility of the placement of an individual housing construction object or a garden house in accordance with the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by a decision to establish or change the zone from special conditions for the use of the territory adopted in relation to the capital construction project planned for construction, reconstruction state and such an object of capital construction is not put into operation;
5) sends to the developer in the manner indicated in the notice of completion of construction, a notice on the compliance of the constructed or reconstructed individual housing project or garden house with the requirements of the legislation on urban development or on the non-compliance of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning with an indication of all grounds for giving such notice. Notification forms on the compliance of the constructed or reconstructed individual housing project or garden house with the requirements of the legislation on urban development, the notification on the discrepancy of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning are approved by the federal executive body that carries out the functions of development and implementation public policy and norm ivno legal regulation in the sphere of construction, architecture and town planning.

A notice of non-compliance of the constructed or reconstructed individual housing construction object or garden house with the requirements of the legislation on urban development activities is sent only in the following cases:

1) the parameters of the constructed or reconstructed individual housing construction object or garden house do not comply with the limit parameters specified in clause 1 of part 19 of this article for the permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, or mandatory requirements for object parameters capital construction established by this Code, other federal laws;
2) the external appearance of the individual housing construction object or garden house does not correspond to the description of the external appearance of such an object or house, which is an annex to the notice of planned construction, or the typical architectural solution specified in the notice of planned construction, or a notice of non-compliance with the specified in notification of the planned construction of the parameters of the individual housing construction project or garden house to the established parameters and (or) under Ustimov the object of individual housing construction or garden house on a plot on the grounds mentioned in paragraph 4 of Part 10 of Article 51.1 of this Code, in the case of construction or reconstruction of the object of individual housing construction or garden house within the boundaries of the historical settlement of the federal or regional significance;
3) the type of authorized use of the constructed or reconstructed capital construction object does not correspond to the type of permitted use of the individual housing construction object or garden house specified in the notice of planned construction;
4) the placement of an individual housing construction object or a garden house is not allowed in accordance with the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by a decision to establish or change the zone from special conditions for the use of the territory adopted in relation to the capital construction project planned for construction, reconstruction, etc. Coy capital construction object not put into operation.

A copy of the notice of non-compliance of the constructed or reconstructed individual housing construction object or garden house with the requirements of the legislation on urban development is sent to the deadline specified in part 19 of this article, authorized to issue construction permits by the federal executive body, executive body of the constituent entity of the Russian Federation or local authority self-government to the registration authority, as well as:

1) to the executive authority of the constituent entity of the Russian Federation, authorized to carry out state construction supervision, in the event that the developer is sent the specified notification on the basis provided for in paragraph 1 or 2 of part 20 of this article;
2) to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, in the event that the developer is sent the specified notification on the basis provided for in paragraph 2 of part 20 of this article;
3) to the federal executive body authorized to carry out state land supervision, the local self-government body exercising municipal land control, if the developer is sent this notification on the basis provided for in clause 3 or 4 of part 20 of this article.

3. The official duties of specialists in the organization of engineering surveys, specialists in the organization of architectural and construction design include, respectively:

1) preparation and approval of tasks for the implementation of engineering surveys, tasks for the preparation of design documentation for the capital construction facility;

3) presentation, coordination and acceptance of the results of work on the implementation of engineering surveys, preparation of project documentation;

4) approval of the results of engineering surveys, design documentation;

3.1. The duty stipulated by paragraph 5 of part 3 of this article is performed by a specialist in the organization of architectural and construction design as the chief engineer of the project.

5. The official duties of specialists in the organization of construction include:

1) organization of incoming control of project documentation of the capital construction project, project of the organization of work on the demolition of the capital construction project;

4) signing the following documents:

a) the act of acceptance of the capital construction facility;

b) a document confirming the compliance of the constructed, reconstructed capital construction facility with the requirements of technical regulations;

c) a document confirming the compliance of the parameters of the constructed, reconstructed capital construction project design documentation, including the requirements of energy efficiency and the requirements of equipping the capital construction facility with meters for the use of energy resources;

d) a document confirming the compliance of the constructed, reconstructed capital construction object with the technical conditions for connecting (technological connection) to the networks of engineering and technical support (if any).