What types of work cannot be carried out without permits, where and how to get them? These questions are of interest to many entrepreneurs planning to go into construction, as well as contractors from the former Soviet republics.
Since the beginning of the 90s, organizations and private entrepreneurs engaged in the construction of buildings and structures had to obtain a license for construction activities. With the adoption of the law on licensing in 2001, all works related to the capital construction and renovation of buildings were included in a special list:
Until the end of 2008 license for construction and installation works, received in Gosstroy, gave the right to perform such work in a certain region or throughout the country. Samo obtaining a building license did not cause any special problems for applicants, and financial investments required not so big - 100 - 300 thousand rubles for several years. However, the relative availability and ease of licensing opened the way to construction market not conscientious businessmen and were a good "feeding trough" for corrupt officials.
In 2008, the state decided to move away from excessive regulation and control in the field of licensing construction activities. In accordance with the adopted 22.07.2008. Law of the Russian Federation No. 148-F3 from 1.01.2009. a license to carry out construction activities as a document giving the right to perform construction and / or installation work ceased to be issued. Definitive cancellation of building licenses occurred in accordance with the provisions of the same Law from January 1, 2010, when even licenses with an extended validity period became invalid.
The cancellation affected several types of activities at once: permits for engineering surveys in the field of construction of all structures and buildings, permits for the design of all structures and buildings, as well as permission for their construction. The exception was listed works only for buildings and structures of auxiliary or seasonal purpose.
What kind of permits for construction and / or installation work are currently needed? As a result cancellation of building licenses the fundamental document granting the right to perform such work is a permit for a certain type of activity issued by a self-regulatory organization - SRO. Naturally, only a member of the SRO of designers, SRO of builders or SRO of surveyors can obtain such a permit. Joining a self-regulatory organization requires not only significant financial resources but not a small amount of time. For small companies or individual entrepreneurs who do not have their own legal service, becoming a member of an SRO may not be an easy task. A more effective solution to this problem seems to be an appeal to specialists who will not only prepare the package of documents necessary for entry into a reliable self-regulatory organization, but also provide quick receipt permission, professional support.
To obtain an SRO admission, you must submit an application in the SRO form and the statutory documents:
Documents required to confirm the qualifications of your employees:
The application must indicate whether it is planned to perform work under contractor agreements and up to what amount. In the absence of intentions - this should also be noted
The Unified Resource Center provides support to companies in the construction industry in preparing documents for joining self-regulatory organizations. On average, per month we help 90 companies to obtain SRO permits.
For companies in the construction industry and individual entrepreneurs, our services are free - SROs are interested in our activities and pay remuneration. The Unified Resource Center is an SRO tool: the correct filling and sending of complete packages of documents allows you to optimize resources for the SRO document flow.
The benefits of cooperation with us are obvious - you save time on the formation of a package of documents and the selection of specialists for entry into the SRO.
INFORMATION CENTER FOR REGULATIONS
AND STANDARDIZATION IN CONSTRUCTION
SCROLL
TYPES OF CONSTRUCTION ACTIVITIES AND WORKS,
CARRIED OUT UNDER LICENSES
Minister of Architecture, Construction
and housing and communal services
Russian Federation B.A. Furmanov
January 28, 1992 approved
THE ORDER OF IMPLEMENTATION OF LICENSING OF CONSTRUCTION ACTIVITIES IN THE TERRITORY OF THE RUSSIAN FEDERATION
In the period before January 1, 1993, organizations and enterprises whose construction activities began after January 1, 1989 are subject to licensing. In the period before January 1, 1994, organizations and enterprises whose construction activities began before January 1, 1989 are subject to licensing. After the expiration of the established terms, construction activities without licensing are prohibited. The re-registration of enterprises does not entail a change in the date of commencement of its activities, if this is not associated with structural and technological changes.
LIST OF CONSTRUCTION ACTIVITIES AND WORKS CARRIED OUT ON THE BASIS OF LICENSES
I. PERFORMANCE OF ENGINEERING SURVEYS 1. Engineering and geodetic surveys 2. Engineering and geological surveys 3. Engineering and hydrometeorological surveys 4. Land reclamation, forest engineering and peat engineering surveys 5. Engineering and environmental surveys 6. Quality control of works II. PERFORMANCE OF DESIGN WORKS 7. Development of urban planning documentation 8. Architectural design 9. Structural design and construction 10. Design engineering networks and systems 11. Development of special sections of projects 12. Technological design 13. Examination of project documentation III. MANUFACTURE OF BUILDING MATERIALS, STRUCTURES AND PRODUCTS 14. Production building materials 15. Manufacture of steel and aluminum building structures and products 16. Manufacture of structures and products from concrete and precast concrete 17. Manufacture of special reinforced concrete 18. Manufacture of pressure and non-pressure reinforced concrete pipes 19. Manufacture of ready-mixed concrete and mortar 20. Manufacture of asphalt 21. Manufacture of wooden building structures and products 22. Manufacture of inventory, equipment, metal molds and formwork 23. Manufacture of ventilation, sanitary and electrical products and blanks 24. Quality control of products IV. PERFORMANCE OF CONSTRUCTION AND ASSEMBLY WORKS 25. Excavation 26. Special works in soils 27. Erection of load-bearing and enclosing structures of buildings and structures 28. Works on the arrangement of external engineering networks and equipment 29. Works on the arrangement of internal engineering systems 30. Works on the protection of structures and equipment 31. Works on the finishing of structures and equipment 32. Road construction works 33. Territory improvement works 34. Installation of technological equipment 35. Commissioning works 36. Quality control of works NOTES: 1. Licensing of types of construction activities and works is carried out in accordance with the Regulation on State Licensing of Construction Activities on the Territory of the RSFSR, approved by the Resolution of the Council of Ministers of the RSFSR of November 8, 1991 No. 593. Licensing of works, paragraphs. 7, 8 is carried out in the manner determined by the Union of Architects of the Russian Federation together with the Ministry of Architecture, Construction and Housing and Communal Services of the Russian Federation, in accordance with the Decree of the Presidium of the Supreme Council of the RSFSR of September 16, 1991 No. 1655-1.2. When considering and issuing licenses, it is necessary to indicate the types of work in accordance with the All-Union Classifier of Works and Services in Construction (Stroyizdat, 1987), as well as the types of buildings and structures in accordance with SNiP and other regulatory documents, the approved list as of January 1, 1991 d.3. The nomenclature of objects associated with increased danger is determined in accordance with the established procedure by the lists of objects controlled by the Gosgortekhnadzor of the Russian Federation and the Gosatomnadzor of the Russian Federation.
On the procedure for attracting specialized expert base organizations
when licensing construction activities
In connection with the appeals of territorial licensing centers and other organizations to limit the list of activities and works that require the conclusions of specialized expert base centers, the Ministry of Construction of Russia considers it necessary to support such proposals. The main criteria for involving these organizations in assessing the potential of licensing entities should be considered to be the provision of: safety of life and health of people, environmental safety and nature protection; taking into account especially difficult natural-geological-climatic conditions; availability of appropriate equipment, machines, mechanisms, as well as special materials; high operational reliability at the stage of research, design, production of certain types of structures, materials, as well as the construction of facilities. Taking into account these requirements, the Ministry of Construction of Russia has prepared the list of types of activities and works published below, for which the conclusion of accredited specialized expert base centers is required. This list should be guided in practice.
List of types of construction activities and works that require the conclusion of accredited specialized expert base centers to obtain licenses
1. Performance of engineering surveys. 2. Implementation of design work: main engineering networks; * building design and construction of buildings and structures erected in areas with particularly difficult natural geological and climatic conditions; development of power supply systems, fire extinguishing, gas protection, fire and burglar alarms and special communications; * technological design; *** subordinated to Gosgottekhnadzor of the Russian Federation** for large industrial and civil complexes 3. Manufacture of building materials, structures and products: binders, polymeric, roofing, asbestos-cement products, sanitary equipment; steel and aluminum building structures;** load-bearing structures made of reinforced concrete;** special reinforced concrete; quality control. 4. Execution of construction and installation works: special works in soils (hydraulic, mining, underwater technical and pile works, mine sinking and mine drainage).** erection of load-bearing and enclosing structures;** installation of metal structures of special structures with a height of more than 100 m; work on the arrangement of engineering networks, installation of equipment and installations;** on the protection of structures and equipment;** on the installation of roofs and floors;** on the installation of process equipment;** on commissioning; water management and reclamation construction of group systems; transport construction (road, railway construction, construction of large bridges, subways, tunnels, airfields, river and sea structures, production of special machines, mechanisms, equipment, as well as structures, products and materials for transport construction). The list of works is specified taking into account the proposals of the Transstroy corporation and other organizations; quality control of work, including inspection of objects. Note: 1. The list of works can be specified by the licensing department of the Ministry of Construction of Russia.2. The issuance of licenses without the conclusion of accredited specialized expert base centers for the specified work is not allowed.
On licensing construction activities
Gosstroy of Russia sent a letter dated 04.10.93 No. AB-5-387 to the governments of the republics, administrations of territories, regions, autonomous districts, Moscow and St. Petersburg, heads of territorial license centers, FLC of the following content. In the appeals of the administrations of the regions of Russia, as well as large design and construction organizations, proposals were made on the need to increase the responsibility of organizations for performing the functions of a general designer and general contractor. Gosstroy of Russia supports these proposals and considers it necessary in the "List of types of construction activities and works carried out on the basis of licenses", approved by the Ministry of Construction of Russia on January 28, 1992, to highlight the "implementation of functions general contractor» as independent types of work performed on the basis of licenses. As a follow-up to this letter, Gosstroy of Russia sent a letter dated November 2, 1993 No. BE-19-22/5 to the same organizations and additionally to the Federal Tax Service, with the following content. In connection with the introduction of changes in the "List of types of construction activities and works carried out on the basis of licenses" (letter of the Gosstroy of Russia dated 04.10.93 No. AB-5-387), the Gosstroy of Russia introduces into the approved 01.28.92 "The sequence of licensing construction activities in the territory of the Russian Federation” with the following addition: “From July 1, 1994, it is prohibited for organizations and enterprises to perform the functions of a general designer and general contractor without licenses for this activity.”
The number of construction works of both the building and other structures from the first to the second level according to state standards includes: general construction, finishing, sanitary, special and installation work
As well as the implementation of the functions of the customer-developer, work on the repair of structures, buildings and commissioning.
A building construction license is required for the construction of any structure; to obtain it, the following conditions must be met:
The composition of the working staff legal entity should include managers and specialists with secondary or higher professional education according to the profile of work. In addition, at least 50% of the main number of entrepreneur's specialists are required to have higher vocational education, and work experience from three to five years;
The entrepreneur has higher or secondary vocational education and work experience in the profile of at least five years;
A legal entity must own a building, premises, vehicles, specialized equipment, mechanized and hand tools, mobile power plants, control and measurement tools, safety equipment and technological equipment;
Professional development is required at least once every five years for the entrepreneur, as well as other employees of the legal entity who carry out the construction of structures and buildings;
Carrying out licensed activities in accordance with the requirements of the legislation of the Russian Federation, which comply with state standards and regulatory and technical documents in construction;
The quality control system for the work carried out and for the manufactured products.
Also, in order to obtain a license, the applicant must submit to the licensing authority required package documents.
The issuance of construction licenses was abolished in 2010. However, many types of construction work cannot be carried out without a special permit. In accordance with the law, in order to obtain the right to conduct construction activities, it is necessary to be a member of a self-regulatory organization of builders (SRO). It is the SRO that decides all the issues of permits for reconstruction, overhaul and other types of work in the construction industry.
Regulates the list of works that require membership in the SRO order No. 624 dated 12/30/2009. True, with a more detailed analysis of the Town Planning Code of the Russian Federation, the classifier of works, as well as the recommendations of the Federal State Institution "Glavgosexpertiza of Russia", it turns out to highlight some types of work, the implementation of which does not require admission, and, accordingly, membership in the SRO.
51 of the Civil Code of the Russian Federation in clauses 1-5 and clause 17 lists the types of work for which it is not required to obtain a building permit.
SRO approval is not required:
When erecting objects of individual housing construction, intended for the residence of one family, which are separate and have no more than three floors;
For buildings in the form of block residential buildings, with no more than ten blocks. A separate block is designed for one family and has one or more walls that are common with the block of a neighboring house and do not have openings. A prerequisite is that the house must be located on a personal plot and have access to a public area. There should be no more than three floors in such an object.
In buildings for industrial purposes, which are objects of capital construction, in which the total area does not exceed 1500 square meters,
Such buildings should belong to the type of buildings and structures that do not need the organization of a sanitary protection zone or similar zones are installed on the territory of the site belonging to this object. An exception is a capital construction facility, which, based on the provisions of Article 48 of Part 1 of the Civil Code of the Russian Federation, is recognized as either especially dangerous, or technically complex, or unique. There should be no more than two floors in such a building.
It must be borne in mind that order 624 was ambiguously received by construction organizations and individual entrepreneurs.
For this reason, a number of amendments and extended explanations were made by order No. 294 of July 23, 2010, which types of work do not need admission:
Almost all types of glazing;
Drywall finishing;
Plastering and facing works;
Internal Finishing work(all types);
Earthworks, floors and screeds;
Installation of fences, fences and gates;
Painting works;
Ground works;
Improvement works, as well as repair and maintenance of road surfaces;
In addition to all this admission, SROs do not require:
Manufacture of wooden structures for already finished foundations low-rise construction. This provision does not apply to hanging structures, shells of double curvature, as well as membrane coatings;
Work carried out on internal networks buildings and structures that are not specifically dangerous objects or unique. This exception does not apply to work with gas networks;
Roofing, stone, facade work of buildings and structures that are not classified as especially dangerous objects or unique;
Geodetic works on the construction sites of the above objects;
Protective work on building structures, as well as pipelines and equipment, including works on protective coating with paints and varnishes and thermal insulation of the pipeline. This provision does not apply to main and field pipelines;
It is possible to partially carry out preparation work construction sites for buildings and structures that are not particularly dangerous or unique objects.
A building permit is required when carrying out work on especially dangerous, technically complex and unique objects, complete list which contains Urban planning code RF in Art.
48.1.
As an example, such objects include: aviation and space infrastructure facilities, subways, hydraulic structures, seaports, as well as capital construction facilities that have a height or span of more than one hundred meters, etc.
There are internal works that are an exception and require permission: waterproofing, thermal insulation, fire protection, antiseptic.
The study of this list allows us to draw a simple conclusion: most construction companies and individual entrepreneurs joining the SRO and obtaining a building permit does not threaten. Moreover, for such work construction organizations legally have the right to engage contractors with such permits from outside. To do this, it is necessary to provide for a clause in the contract with the customer on attracting a subcontractor to perform certain work.
Author: Alexander
Main page -> Licensing of construction activities
Until January 1, 2009, in order for an organization to be able to engage in construction activities, it was necessary to license construction activities. Since January 1, 2009, the usual ways for many to obtain a license for various types of work in the construction industry have been canceled. Now, in order to obtain permission to conduct design, construction, architectural work, it is necessary to join a self-regulatory organization (SRO). All previously issued papers for licensing construction activities are considered invalid from January 1, 2010. In connection with these changes, for many organizations, the most topical issues steel: how to get a construction license and how much does a construction license cost?
In order for the company to be able to obtain admission to work, it is necessary not only to join the SRO, but also to meet certain professional requirements.
The list of mandatory requirements includes attestation of the company's employees, their advanced training and the availability of certificates of conformity for the entire list of work. SROs are joined by experienced and professional firms that are united by one area, in this case, construction. In addition to the construction companies themselves, self-regulatory organizations of builders include design, installation, architectural and many other companies, one way or another connected with the construction industry.
Almost all countries have already switched to a system of compulsory licensing of construction activities, which can significantly reduce the risks of cooperation with unscrupulous companies. Self-regulatory companies ensure the high quality of the objects being built, since the issuance of permits under the new scheme provides guarantees and protection of the interests of the parties. This is important especially for Russia, where not so long ago a wave of unscrupulous developers swept through, and many equity holders and ordinary citizens were deceived. Therefore, such modern approach to address this issue is able to provide protection, both ordinary citizens and secure the state.
Entry into the sro of turnkey builders (mandatory payments) *:
*Additional costs are possible depending on the services you have chosen for the entry into the construction period:
Important changes: from July 1, 2017, amendments to the Urban Planning Code came into force, which eliminated the need for companies to obtain work permits in accordance with the list of works from Order No. 624 of the Ministry of Regional Development of the Russian Federation dated December 30, 2009.
Since 2000, the Russian construction market has been reformatted with the help of modern legislative acts and new editions of old laws. This entailed fundamental changes in the licensing mechanism for enterprises that were engaged in the design and construction of real estate. On July 25, 2008, a new the federal law No. 148-FZ "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation". He finally abolished such a thing as a “construction license”, although attempts were made as early as 2007.
Until 2009, the relevant licenses were issued by ROSSTROY and FLC - the Federal Licensing Center. The monopoly had a negative impact on the speed of obtaining permits and prevented many contractors from starting work on the deadline set by the tender. The building license finally expired on January 1, 2010. From this day on, organizations planning to gain access to design and capital construction, are required to become members of specialized non-profit partnerships- SRO builders.
Thus, the license for construction activity has exhausted itself and lost its legal status. Instead, the governing bodies of self-regulatory organizations began to issue certificates and issue permits for SROs for certain types of work. This step significantly reduced the load on Gosstroy of Russia and allowed developers to speed up the construction procedure.
The revocation of licenses has affected many aspects of the industry:
License for construction activities had many weaknesses that eliminated the certificates of admission issued by the SRO. However, membership in partnerships also has inherent disadvantages. So, for example, when changing the SRO, rather large deductions to compensation fund are not returned to the former member of the self-regulatory organization.
Obtaining a building license is not even of a voluntary nature - such a document is no longer issued on the territory of the constituent entities of the Russian Federation. If your organization needs to obtain a permit from the SRO of builders, do not postpone the procedure until tomorrow, as constant changes in legislation may complicate obtaining a permit in the foreseeable future.
The only sure step is to contact a competent law firm, such as the Independent Licensing Center. Our experts helped organizations to get building licenses when SROs did not yet exist. Over the years, we have accumulated rich experience in resolving the most controversial and problematic situations, and now we are ready to help your company in obtaining a certificate of admission to construction work.
