Construction companies in the implementation of many projects must carry out an examination of project documentation. What are the features of this procedure? In what varieties can an appropriate examination be presented?
Project Documentation Examination: Governing Law
The main source of law that governs how the examination of sections of project documentation should be carried out is the Town Planning Code of the Russian Federation. Namely, Article 49 of the Code.
Another major source of law used in the legal relationship under consideration is RF Government Resolution No. 145, adopted on 05.03.2007. It regulates the examination of state bodies.
The next key source of law is the Regulation on the composition of sections of project documentation, approved by Decree of the Government of Russia No. 87, which was adopted on February 16, 2008. In this Regulation, the basic requirements for the relevant documentation are approved, in respect of which an examination is carried out to check for correct design and content.
A similar source of law is the Regulation on Non-State Expertise, which was introduced by Decree of the Government of Russia No. 272 ββadopted on March 31, 2012. In turn, this normative act regulates how the procedure in question is carried out by private organizations with the necessary competence.
Examination of sections of project documentation is carried out in the case when it comes to the implementation of the project, within the framework of which an object of capital construction is being built . In order to implement such projects, engineering surveys can also be carried out. In relation to them, an appropriate examination is also carried out.
The procedure in question, in accordance with the provisions of regulatory law, can be carried out by state or private organizations. At their choice, the developer or the customer selects a business entity that has competencies in the examination of project documentation, and also sends the necessary sources and, if necessary, the results of engineering developments there.
When the examination does not need to be carried out: low-rise buildings
It will be useful to consider in which cases, in accordance with regulatory legislation, examination of sections of project documentation is not carried out.
In particular, this is possible when it comes to the construction of detached residential buildings, in which there are no more than 3 floors, and in which the settlement of 1 family is supposed. That is, the house must be recognized as an object of individual construction.
The examination in question is not carried out if the project involves the construction of residential buildings, which also consist of no more than 3 floors, and are presented in blocks in an amount not exceeding 10, while in each of them accommodation is assumed 1 families. At the same time, the building should have common walls, and openings between adjacent blocks should be absent. In addition, each block must have access to the common area. In this case, we are talking about a house of blocked development. Note that in accordance with the legislation of the Russian Federation, examination of sections of project documentation of a given real estate object can still be carried out if they are built at the expense of the Russian budget.
The procedure in question is not carried out if a residential building with a height of not more than 3 floors is constructed, consisting of block sections in an amount of not more than 4, each of which has several apartments, as well as premises intended for general use . In turn, each dwelling should have a separate entrance, which opens onto a common area. Similarly, the examination of the property in question should be carried out if the building is being constructed at the expense of the budget of the Russian Federation.
When an Expertise May Not Be Held: Commercial Facilities
The procedure in question is not carried out if the project is the construction of detached capital real estate objects with a height not exceeding 2 floors, an area of ββnot more than 1,500 square meters. m, not intended for the settlement of citizens and the use of appropriate resources in economic activities. Examination and approval of design documentation for such real estate, however, is carried out if they are classified as dangerous, complex or unique structures.
The procedure under consideration is not carried out if detached capital objects of a height not exceeding 2 floors and having a total area of ββnot more than 1,500 sq. M are constructed under the project. m and intended for economic activities that do not require the arrangement of sanitary protection plots or involving the use of existing ones - within the boundaries of the territories on which these real estate objects are located. If the building belongs to dangerous, complex or unique objects - the examination of the design documentation becomes mandatory.
This procedure is not required when it comes to the construction of boreholes, which are equipped in accordance with the legislation of the Russian Federation on subsoil use.
It is worth noting that if any of the objects discussed above is located in the protected area where the pipeline infrastructure is located, then the examination in question should be carried out.
When the examination is not carried out: other grounds
The procedure under consideration is not carried out if the construction of a capital object does not require obtaining permission for construction work. The individual sections of the project documentation that are prepared for the overhaul of certain objects are not examined - if it is not a question of repairing roads that are intended for general use.
When can engineering results not be checked?
As for engineering surveys, their results cannot be checked within the framework of the examination if the relevant work was carried out during the construction of facilities for which the procedure under consideration is not carried out. Similarly, examination of surveys is not required if permission is not required for the construction of the facility.
Let us now consider how the examination in question is carried out in practice. Since this procedure can be carried out by both state and private entities, it will be useful to study the specifics of both of its options provided by law. Let's start by considering the features of the state examination. It is carried out, as we noted above, on the basis of the Regulation, which was adopted by Decree of the Government of the Russian Federation No. 145.
State examination of design documentation: preliminary verification of documents
The first stage in the framework of the state verification of project documentation is, in fact, a preliminary verification of the sources provided by the construction company to an authorized state institution. This procedure is carried out within 3 business days. If the composition of the project documentation for examination is approved, an agreement is sent to the company for the implementation of the event in question. If the documents are not all right, a motivated refusal is sent to the construction company.
State examination: what documents are needed?
Depending on at what point in time the business entity wants to check directly the design and engineering documentation, a specific list of sources is provided to the competent state authority. For example, if a company wants to conduct an examination of both types of documentation at the same time, then it is necessary to provide the expert organization with:
- application in the prescribed form;
- copies of title documents;
- a copy of the urban development plan;
- Actually, project documentation;
- A copy of the project development task;
- documents reflecting the results of engineering work, as well as a copy of the tasks for their implementation.
State expertise
After the preliminary approval of the project documentation subject to examination has been carried out, the procedure in question is carried out directly. State verification of construction documents is a paid service. Therefore, simultaneously with the signing of the contract with the state agency that conducts the examination, the business entity transfers the fee stipulated by the contract in favor of this organization. After the experts begin to check the documentation.
This procedure is carried out in a period not exceeding 3 months. Moreover, if the property is not classified as unique, then the duration of the examination should not exceed 45 days. What are the most remarkable nuances of the procedure in question?
First of all, it can be noted that the list of sections of project documentation for examination can be examined for errors that can lead to a negative decision by experts, and if necessary, be corrected. Moreover, this option is usually prescribed in the contract between the construction company and the expert organization. Moreover, if the design documentation or the sources reflecting the information on the results of the engineering work show deficiencies that may make it difficult to evaluate the relevant sources, then the experts will inform the construction company about this as soon as possible and ask them to correct the defects. As a rule, the period during which an economic entity must, having learned which sections of the project documentation is necessary for examination in order to give a reliable estimate to the sources, and also that their adjustment is required, does not exceed 10 days from the moment the experts send a notification.
In the process of working on project documentation, a state institution competent in matters of expertise may require the provision of additional documents, calculations, and various technological solutions from the business entity.
The result of the state examination
Based on the results of the experts' work, a positive or negative conclusion is drawn up by specialists of the relevant state structures regarding the compliance of the documentation provided by the construction company with the requirements established in various regulations. At the same time, engineering documentation is also given a similar assessment. Only provided that all sections of the design documentation for the shopping center for examination or, for example, the office center, have passed the verification, can the design documentation be approved. The results of the work of specialists of the competent state structure can be disputed. This requires a court decision. An examination of the design documentation for the NPP section, which deals with architectural and construction decisions, should be objective, but if this is not so, then the economic entity has the right to initiate judicial review of disputed issues. The results of the work of experts are usually issued in several copies.
Non-state examination of design documentation: nuances
Even if, according to the results of the work of specialists of the competent state structure, all sections composing the construction documentation are approved, the state examination of the design documentation may not be sufficient from the point of view of the needs of the business entity arising from the implementation of certain production tasks. In this case, the construction company may apply to a private structure that has competencies in conducting state examination of construction and engineering documentation. What are the main benefits of contacting the appropriate organization?
First of all, it can be noted that an independent assessment of project documentation by a private company is usually faster than in the case of contacting a competent state institution. This may be due, for example, to the presence of a large number of specialists who have the necessary qualifications for the examination, in the staff of the respective company.
In many cases, contacting specialized organizations involved in the non-governmental examination of construction documentation is cheaper, since these companies have the right to set prices for their services without reference to tariffs established at the legislative level.
As a rule, when contacting a private company, it does not matter in which region the construction company is registered. This allows you to circumvent formalities and significantly speed up the process of solving the problems that a construction company faces.
Non-state examination of sections of project documentation in many cases is faster, because its terms, as in the case of prices, are not defined by law - they are fixed in the contract. Based on the capabilities of the organization in which the experts work, deadlines are discussed, and in many cases they can be the most expeditious.
Conducting a non-state examination of construction documentation may be accompanied by a significantly more intensive interaction between the customer and the contractor on any issues related to solving the tasks assigned to the construction company. The experts of the expert organization in this case are not limited by regulations, which largely determine how, in turn, the activities of state structures should be carried out.
The services of private organizations can be represented on a broader list than public services as part of the examination of construction documentation. For example, the experts of the respective companies can not only indicate the shortcomings found in the documents provided by the customer, but also provide the client with additional consultations on the subject of adjusting certain sources.
It can be noted that non-state examination of sections of project documentation in many cases precedes the subsequent referral of sources examined by private experts, already to government agencies - if this is necessary in terms of requirements for the implementation of a specific construction project.