Regional Development

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With the transition to self-construction activity licenses must be replaced with certificates of admission to the construction activities that affect the security of capital construction. Apparently, now in construction contracts rather than details of the license will specify the details of the certificate of admission. Within the meaning of the latter acquires the status of the first. And if the earlier implementation of the design and construction without a license created an offense under Art. 171 of the Professional Code, it must be assumed that further enforcement practice go the way of a broad interpretation of the words ‘Special permission’ to include this concept and a certificate of admission to the construction work of the Administrative Code of the Russian Federation has added a special item.

9.5.1 providing for responsibility for the design, survey and construction works that affect the security of capital construction, without a certificate of admission to the construction works and / or in violation of the minimum essential requirements for his extradition. In addition to the penalties, there The possibility of an administrative suspension of the offender for up to ninety days. The list of works on engineering surveys, preparation of project documentation, construction, reconstruction, major repairs that affect the security of capital construction, set the order of Ministry of Regional Development of the Russian Federation N 274 of December 9, 2008 (hereinafter – the List). It got all 5 core and a special kind of engineering surveys, 12 species and many varieties of project construction. Not allowed the preparation and implementation of project documentation, without compliance with the relevant engineering survey (n. 1, Art. 47 of the Town Planning Code). Thus, the law provides for the mandatory implementation of the basic (and in some cases, and special) types of engineering survey.

In addition, these special types, like geotechnical investigations, search and exploration of groundwater for water supply, local monitoring components of the environment, exploration of ground building materials, local pollution survey soil and groundwater under the rf Government Decree N 20 on January 19, 2006, but not named in the List of works on engineering surveys that influence the security of capital construction can be performed by any person without special approval. Does not require participation in the sro in the construction and execution of works on preparation of the mandatory sections of project documents ‘Explanatory note’, summarizing all the decisions. In addition to the design and survey, a number of construction, before requiring a license is also not included in the list and in accordance with paragraph 2 of Art. 52 of the Town Planning Code as amended by Federal Law N 148-FZ of 22 July 2008 may be performed by any physical and / or entity not party to the sro in the building. Among these were, in particular, to serve as general contractor, and owner-builder construction

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