The main requirements in the field of construction are reliability and safety, compliance with all building codes. Previously, state control in this area was based on a system of licenses. The admission of SROs in construction made it possible to simplify the licensing system as much as possible, without loss of construction quality.
Self-regulatory organizations
SRO approval in construction - what is it? This can be understood only by understanding what the self-regulatory organizations (SROs) are created for and how they work . They are formed by combining at least 25 members who are business entities. A community of professional actors should have at least 100 members.
The main activities of these nonprofit organizations are as follows: creating standards in professional activities, checking the implementation of the developed standards by members of the organization.
Thus, the community of construction organizations regulates the standards that ensure safety at construction sites, the quality of the structures erected and monitors their implementation. All the nuances of the work of such non-profit partnerships are regulated by federal law No. 315 "On Self-Regulated Organizations."
All self-regulatory organizations that have passed registration and comply with the norms of the Law are included in the state register of permits for SROs in construction. It has all the self-regulatory organizations in the Russian Federation, uniting construction companies (SROS). Maintains a register of SROS Rostekhnadzor. It is important to remember that only SROs included in the state register have the right to issue tolerances.
How to get an SRO permit and why is it needed
If you do not issue an SRO permit, it will be impossible to obtain construction (in a row). After all, admission is a guarantee that the company carries out all work taking into account the norms and requirements of the law. Since the beginning of 2010 (from January 1), its presence is mandatory. Self-regulatory organizations give access to construction work only to their members, so the first task is to join one of them. Before joining, you need to find out:
- amount of contributions;
- compliance of the issued tolerances with the list of works carried out by the company;
- list of submitted documents.
After submitting an application and a package of documents to the SRO, it takes some time necessary to verify the declared data, usually up to 30 days. If the level of qualification of employees, constituent and other documentation meets the requirements of a self-regulatory organization, then after payment of contributions within 3 days an admission is issued.
How long is admission granted?
The validity period of the admission is not limited by law. Its effect is not limited by territorial principle - the admission has legal force throughout the Russian Federation. This is convenient, since you can join the SROs not on a regional basis, but choose the most convenient option.
However, there are two options for when tolerance is considered null and void. The first is the exit of a business entity from an SRO. Then the community does not have the right to control the activities of the subject, and accordingly - to guarantee the quality of its work and bear responsibility for them. The second option is a violation of the law.
Do you always need a certificate of admission
Tolerance is required when the construction or reconstruction work in progress affects the level of safety. How to find out what types of work the SRO permits for construction are required? List No. 624 contains all construction works that require approval.
But in practice, if a company participates in tenders or works with a state customer, membership in a self-regulatory organization will most often be mandatory, even if the work being performed is not on the List (at the request of the customer). Separately, it should be noted that if the company has expanded the list of services provided, and in its SROs for these types of certificates are not issued, then you can simultaneously enter into another self-regulatory organization.
Where no clearance is needed
The text of the Town Planning Code contains a list of construction projects that do not require tolerances:
- Garages for individuals who do not carry out entrepreneurial activities there.
- Buildings that do not belong to capital facilities - stalls, awnings and so on.
- Building auxiliary use.
- Detached houses up to 3 floors (individual development).
- Separate residential buildings that have no more than 10 blocks and no more than 3 floors (blocked development).
- Residential buildings consisting of no more than 4 block sections and 3 floors (multi-unit).
An admission is not needed for changing capital construction projects, unless they relate to the restructuring of structural elements.
General Contractor Approval
Types of tolerances for SROs in construction include the approval of the general contractor. It is necessary if the company that has received the contract attracts third parties to carry out part or all of the work (item 33 of the List - organization of construction with involved contractors). This document is necessary due to the fact that, by concluding a general contract, the company assumes full responsibility for the quality of all work. And those that perform independently, and those that perform subcontractor.
The certificate of the general contractor allows you to carry out all activities in the legal field - to conclude agreements with other companies and to monitor their activities. If the customer himself decided to attract subcontractors and coordinate their activities (that is, to perform the functions of the general contractor), then he also needs to join the association of general contractors and obtain the appropriate SRO approval in construction.
Control Approval
Construction control - technical supervision - can be carried out by organizations that have SRO approval in construction for this type of activity. In most cases, the developer or general contractor obtains such an admission. If the staff of the customer’s company or the general contractor does not have the appropriate specialists, then a third party is involved to exercise control.
In List No. 624, this type of work (construction control) goes under paragraph 32. The competence of the company that conducts technical supervision includes verification of the compliance of individual production processes and the entire technological cycle in construction with all legal standards and design documentation.
Can foreign companies register for SRO
The law stipulates that a foreign company can also receive an SRO permit in construction, on a general basis. However, there is one caveat - the company is obliged to register a branch in Russia (to receive admission and to be a member of the SRO will not be the whole company, but only its branch). Certificates on the equivalence of a diploma of foreign specialists with state diplomas of the Russian Federation must also be provided.
The entry of foreign and Russian companies into the SRO means the implementation of their activities in the legal field. This form of regulation can significantly reduce government intervention in the production processes of entrepreneurs, without lowering the bar requirements for the safety of constructed facilities. For entrepreneurs, getting admission without applying to state authorities is a significant time saver.