Construction licenses of firms, enterprises from the state construction. Licensing of construction activities License for a specific type of construction

A license for the construction of the State Construction Committee of the Russian Federation is required for the enterprise to operate on the market in the field of architecture, construction and housing policy.

Types of construction and licenses for its implementation

The main types of construction are:

engineering surveys carried out during the construction of buildings belonging to the first and second levels of responsibility;
activities related to the design of such buildings and structures;
their direct construction.

A building license can be conditionally classified into one of two main groups. The first type is permits issued for the operation of high-risk production facilities. The second group is represented by licenses to carry out safety expertise of industrial production facilities.

Building license authority

Gosstroy of Russia or the State Committee of the Russian Federation for Construction and Housing and Utilities Complex is a federal executive body that carries out intersectoral coordination and regulation of activities carried out in the field of construction, urban planning, architecture and housing and communal services. Previously, such licenses were issued by the Ministry of Regional Development.

Obtaining a construction license is necessary for a business entity to operate in conditions of operation of hazardous industrial facilities, as well as in the implementation of activities related to ensuring safety measures in industry.

Fire safety license

The body that issues a license of this type is the State Fire Inspection of Russia. This license is required for the enterprise to operate in the market of services in the field of control, production and adjustment of safety.

Among the licenses of this category, the following should be highlighted:

development of measures aimed at ensuring fire safety;
examination of technical and organizational solutions to ensure fire safety;
organization of work of fire protection in various settlements and departments, as well as business entities, regardless of the organizational and legal form;
implementation of departmental control over ensuring fire safety;
installation of fire fighting equipment, fire extinguishing agents with appropriate tests;
training of employees in fire safety measures.

Thus, it can be seen that in each field of activity there are different permits for ensuring security measures. In this case, we are talking about supervision in the energy sector, and about passenger transportation, etc.

Design license

The answer to the question of whether a building license is needed in modern economic conditions is negative. These innovations came into effect at the beginning of 2010. Now the license for the construction of buildings and structures is replaced by the SRO admission.

A modern enterprise operating in the construction sector must join an SRO. Such organizations are formed as non-profit partnerships and are subject to mandatory registration in accordance with applicable law. As mentioned above, if there is a membership in an SRO, then a construction license is not required.

Such self-regulatory organizations have the right to use a status that allows them to fairly effectively improve quality while simultaneously monitoring all work performed. They develop and approve standards and regulations in a particular area. The legal status of an SRO is regulated by the relevant Federal Law.

SRO powers

Since a building license is no longer needed, self-regulatory organizations are endowed with the appropriate powers:

Registration of permits, which are issued in the form of special certificates and are needed for the operation of an enterprise in the field of construction, overhaul and reconstruction, as well as architectural and design work. Such permits can be issued only after consideration of the relevant documents that confirm the professional skills and qualifications of employees at the enterprise.
Monitoring the work of a business entity.
Maintaining a register of enterprises - members of the SRO.
Training, certification and advanced training of employees, which ensures a high level of professionalism, as well as the competence of employees of an enterprise in a particular industry.

FSB license for construction

Sometimes even those enterprises that have nothing to do with state secrets and classified documents may be faced with the need to obtain such a license.

This permitting document will be required if there is a need to carry out construction and repair work at any sensitive facilities. Information about financial, military or foreign policy operations is classified as "State Secret". Therefore, admission to it may mean that a business entity can use such information when carrying out construction work at this particular facility.

This is exactly what the building license issued by the FSB provides. To obtain it, it is first of all necessary to pass a special check, according to the results of which the Federal Security Service formulates a conclusion about the conformity of the applicant with the requirements presented to him.

The FSB license is issued for eight years in two stages:

obtaining a license for three years;
its extension for the next five years.

Registration of such a permit gives its owner a number of advantages. An enterprise that deals with state secrets cannot do without it.

This document also covers the areas of trade, security business and information technology.

This license is required when participating in tenders. For example, in order to be admitted to the competition for the design of a town of military significance, an enterprise must obtain a special permit.

Around the world, licensing of construction activities is a common practice in order to limit the pool of contractors to qualified professionals with a positive reputation. This approach allows you to reduce any risks and improve the quality of the facilities being built. A construction and design license is a necessary measure that protects the interests of many parties, primarily the state and the customer, interested in the technically competent implementation of programs.

In the conditions of the Russian market, one of the main roles is played by the initial selection of a contractor. This is important, first of all, in programs for shared construction. It's no secret that unscrupulous developers are a real disease of the domestic industry, which can only be overcome by a differentiated approach to the process of issuing permits for the construction of residential buildings. The SRO construction license radically changed the situation for protecting the interests of various parties, namely:

increased the amount of receipts to the state treasury;
carried out the selection of contractors at the initial stage, by admitting professional operators with sufficient economic and production potential to certain works;
kept records to create general statistics for all construction projects;
increased the overall competitiveness of the construction market;
obliged to comply with all applicable standards and norms during the implementation of projects;
has created a certain reputation for specific construction companies licensed to carry out a particular type of activity.

In accordance with Law No. 148-FZ of 22.07.2008 “On Amendments to the Urban Planning Code”, a planned transition to a self-regulation system for the construction industry took place, in turn, the construction license was canceled.

At the moment, the only document regulating activities in this area is the SRO admission.

It should be noted that the list of works requiring an admission was also revised (you can familiarize yourself with it on our website in the corresponding section "Classifier of types of work in construction").

The Expert Information and Consulting Center is ready to provide professional assistance in joining an SRO (obtaining a construction license in 2013) or re-issuing an existing SRO admission certificate in the field of design, construction or engineering surveys. We will provide you with qualified services for the selection and training of employees in accordance with the program "Execution of construction work at highly hazardous, unique and technically complex facilities", we will carry out industrial safety certification of engineering and technical personnel in the territorial bodies of Rostekhnadzor of the Russian Federation.

A huge role in obtaining admission is played by the degree of reliability of the self-regulatory organization you have chosen, the degree of competence of its experts and management, the legitimacy of the admission certificates issued by it. After all, it is these aspects that determine the legality of the admission to work, which replaced the state building license. That is why the heads of design and construction organizations need advice from independent specialists who, at a professional level, will be able to assess the proposed conditions and the feasibility of their adoption.

RATING INFORMATION CENTER
AND STANDARDIZATION IN CONSTRUCTION

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TYPES OF CONSTRUCTION ACTIVITIES AND WORKS,
IMPLEMENTED ON THE BASIS OF LICENSES

Minister of Architecture, Construction
and housing and communal services
Of the Russian Federation B.A. Furmanov
January 28, 1992 approved

SEQUENCE 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 commenced before January 1, 1989 are subject to licensing. After the expiration of the established terms, it is prohibited to carry out construction activities without licensing. 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-geodetic surveys 2. Engineering-geological surveys 3. Engineering-hydrometeorological surveys 4. Reclamation, forestry and peat-technical surveys 5. Engineering-ecological surveys 6. Quality control of works II. PERFORMANCE OF DESIGN WORKS 7. Development of town planning documentation 8. Architectural design 9. Construction design and design 10. Design of utility networks and systems 11. Development of special sections of projects 12. Process design 13. Expertise of design documentation III. PRODUCTION OF BUILDING MATERIALS, CONSTRUCTIONS AND PRODUCTS 14. Production of building materials 15. Production of steel and aluminum building structures and products 16. Production of structures and products from concrete and precast concrete 17. Production of special reinforced concrete 18. Production of pressure and non-pressure reinforced concrete pipes 19. Production of ready-mixed concrete and mortar 20. Production of asphalt 21. Production of wooden building structures and products 22. Production of inventory, tooling, metal molds and formwork 23. Production of ventilation, sanitary and electrical wares and blanks 24. Product quality control IV. PERFORMANCE OF CONSTRUCTION AND ASSEMBLY WORKS 25. Earthwork 26. Special work in the ground 27. Erection of load-bearing and enclosing structures of buildings and structures 28. Work on the installation of external engineering networks and equipment 29. Work on the installation of internal engineering systems 30. Work on the protection of structures and equipment 31. Works on finishing structures and equipment 32. Works on road construction 33. Works on landscaping 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 Regulations on State Licensing of Construction Activities on the Territory of the RSFSR, approved by the Resolution of the Council of Ministers of the RSFSR dated November 8, 1991, No. 593. Licensing of works p. 7, 8 is carried out in the manner determined by the Union of Architects of the Russian Federation jointly with the Ministry of Architecture, Construction and Housing and Communal Services of the Russian Federation, in accordance with the Resolution of the Presidium of the Supreme Soviet of the RSFSR dated 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 3. The range of facilities associated with increased danger is determined in accordance with the established procedure by the lists of facilities 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 requests of territorial license 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 attracting these organizations in assessing the potential of the subjects of licensing should be considered the provision of: safety of life and health of people, environmental safety and nature protection; accounting for particularly 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 construction of facilities. Taking into account these requirements, the Ministry of Construction of Russia has prepared a list 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 for which the conclusion of accredited specialized expert base centers is required to obtain licenses

1. Execution of engineering surveys. 2. Execution of design work: trunk engineering networks; * construction 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 alarm and special communications; * technological design; *** subordinate to the Gosgottechnadzor of the Russian Federation ** for large industrial and civilian complexes 3. Production of building materials, structures and products: binders, polymer, 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 (hydromechanized, mining, underwater 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; works on the construction of engineering networks, installation of equipment and installations; ** on the protection of structures and equipment; ** on the construction of roofs and floors; ** on the installation of technological equipment; ** on commissioning; water management and land reclamation construction of group systems; transport construction (road, railroad 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 being specified taking into account the proposals of the corporation "Transstroy" and other organizations; quality control of works, 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 works is not allowed.

About licensing of construction activities

The 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 licensing centers, FLC dated 04.10.93 No. AB-5-387. 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. The Gosstroy of Russia supports these proposals and considers it necessary in the "List of types of construction activities and work carried out on the basis of licenses" approved by the Ministry of Construction of Russia on January 28, 1992 to single out "performing the functions of a general contractor" as independent types of work performed on the basis of licenses. In development of this letter to the same organizations and additionally to the address of the Federal Tax Service, the State Construction Committee of Russia sent a letter dated 02.11.93 No. BE-19-22 / 5 with the following content. In connection with the amendments to 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) Gosstroy of Russia introduces to the approved 28.01.92 "The sequence of licensing of construction activities in the territory Of the Russian Federation "the following addition:" From July 1, 1994, the functions of a general designer and general contractor by organizations and enterprises without licenses for this activity is prohibited. "

"License - a special permit for the implementation of a specific type of activity subject to mandatory compliance with licensing requirements and conditions, issued by the licensing authority to a legal entity or individual entrepreneur"

Construction licenses are required to work in the field of design, engineering surveys, construction and repair of buildings and structures.

Obtaining a construction license is possible for enterprises of any organizational and legal forms and forms of ownership, including enterprises with foreign investments, as well as for foreign companies carrying out construction activities on the territory of the Russian Federation.

Licensing of construction activities was replaced by the SRO institute, go to the section OBTAINING SRO PERMISSION

Types of building licenses

Types of licenses:

Construction license (activities for the construction of buildings and structures)
Activity license for engineering surveys for the construction of buildings and structures
Project license (license for the design of buildings and structures)

The licensing authority is the Federal Agency for Construction, Housing and Communal Services.

Territory of action - the Russian Federation (registration of licenses on the territory of the constituent entities of the Russian Federation is not required (Article 7 of the Federal Law No. 158 of 09/25/98)).

The license is valid for 5 years.

Documents required for registration of a building license

List of documents required for registration of a license:

A notarized copy of the certificate of entry into the Unified State Register of Legal Entities.
Notarized copy of the registration certificate.
A notarized copy of the charter.
Notarized certificate from the Inspectorate of the Ministry of Taxes and Tax Collection on the assignment of the TIN code.
A photocopy of a certificate from the State Statistics Committee on the assignment of OKPO and OKVED codes
Decoding of statistics codes (if any).
A notarized copy of the memorandum of association (if any).
Notarized extract from the Unified State Register of Legal Entities (valid for Moscow - 1 month, for regions - 2 months).
If there were changes in the constituent documents - a certificate of changes in them (notarized).
Bank details of the company, contact phone number.
Office lease or title deed (if applicable)
FULL NAME. the head, chief engineer, foremen (if possible with the attachment of photocopies of diplomas of education, copies of the work book).
License (original) - if you need to issue an extension, since the form with additional types of work is attached to the main license.

For certain types of activities, it is necessary to obtain the appropriate documents permitting its conduct, for example - licenses. Construction activity, as having a special impact on social development, was also subject to compulsory licensing for a long time, but today no construction licenses are issued in Russia. The licensing procedure was replaced by a more promising, efficient and ensuring freedom of the economy mechanism of self-regulatory organizations (SROs) in the construction sector.

Table of contents:

Legal regulation of construction licensing and construction SROs

The final revocation of licensing of construction activities took place in 2010 in accordance with the provisions of Federal Law No. 148 of 22.07.2008. In fact, this law completely canceled the effect of the previously adopted Federal Law No. 128 of 08.08.2001 in matters of construction. Subsequently, a new law on licenses was adopted, completely abolishing the old procedure for issuing licenses and a list of activities for which state licensing was mandatory.

Nevertheless, given the importance of the factor of construction, primarily housing, and ensuring compliance with the relevant standards, as well as the implementation of civil rights, leaving construction activities outside of any control is impossible. Since 2008, it has become possible to form self-regulatory organizations in the construction sector, based on the provisions of the Federal Law No. 315 dated 01.12.2007. SROs, in addition to construction, are also the main regulators in most types of financial activities, in particular in the field of business.

The issue of regulating the rights and obligations of construction SROs is most fully considered in the provisions of Chapter 6.1 of the Urban Planning Code of the Russian Federation. At the same time, the law shares the possibility of creating such organizations in various fields of activity related to construction. For example, in accordance with the provisions of Art. 55.4 of the Civil Code of the Russian Federation, the following types of specialized SROs are provided, based on the membership of various business entities carrying out:

Design;
Building;
Engineering survey.

An important fact

SROs in the field of construction, like any other SROs, are non-profit organizations. In fact, they are represented by an association of specialized individual entrepreneurs and legal entities, jointly developing their own standards and bound by common obligations, for example, in the formation of compensation funds.

SRO membership - is it mandatory, how to get it

Until July 1, 2017, the implementation of construction activities, engineering surveys and design was available only on condition of membership in an SRO. But since July 2017, in accordance with the provisions of the Federal Law No. 372 dated 03/07/2016, such requirements have been relaxed. In particular, the provisions of this Federal Law permit the conduct of the above activities without obtaining membership in an SRO, subject to certain conditions. Namely:

Such activities can only be carried out on a subcontract basis. The primary contractor should be an organization duly included in the existing registered SROs in the relevant area of activity.
The amount of remuneration paid for services in the subcontracting format should not exceed 3 million rubles.

In addition, earlier it was also a mandatory requirement for construction activities to obtain a certificate from an SRO permitting construction. Today, to conduct construction activities, the very fact of membership in an SRO is sufficient without obtaining any additional permits or papers.

Conducting construction under licenses issued before 2010 is illegal, and previously valid licenses from 01/01/2010, regardless of their validity period specified in such documentation, are considered invalid.

Membership in an SRO may require members of such an organization to pay contributions. These include both entrance fees and contributions to compensation funds. As of today, each SRO is required to have two compensation funds. One of them is general, while contributions to the second are collected exclusively from business entities applying for participation in government contracts and tenders.

On average, the cost of joining a construction SRO in Russia varies from 50 to 500 thousand rubles. Annual membership fees can be up to 100 thousand rubles.

An important fact

Given the high cost of contributions to SROs, it may be necessary to check the legality of registration of such organizations. Such a check can easily be carried out online on the official website of the regulatory organization, which is Rostechnadzor. You can check the construction SRO online at https://sro.gosnadzor.ru/.

Loss of membership in an SRO is possible on the basis of violation of the principles and rules adopted in this organization, including due to non-payment of membership fees. In addition, in case of exclusion from an SRO, a business entity is deprived of the right to join the same SRO or other SRO for a year. Accordingly, at the time of the absence of membership, construction, engineering and survey or design activities can be carried out by him only within the framework specified by law. The costs of third parties associated with the loss of such rights by a business entity are reimbursed from the compensation fund of the SRO.