The issuance of licenses for construction activities was canceled in 2010. Nevertheless, the implementation of many types of construction work is impossible without a special permission. In accordance with the legislation, to obtain the right to conduct construction activities, it is necessary to consist in a self-regulating organization of builders (SRO). It is the SRO and solves all the issues of admission to reconstruction, overhaul and other types of work in the construction sector.
Regulates a list of works for which membership in SRO Order No. 624 dated December 30, 2009. True, with a more detailed analysis of the Town Planning Code of the Russian Federation, the classifier of work, as well as the recommendations of the FSU "Glavgosexpertiza of Russia", it turns out to be allocated for some types of work, which does not require admission, and accordingly membership in SRO.
In what cases does not need to admission
In art. 51 of the Civil Code of the Russian Federation in paragraph 1-5 and paragraph 17 listed the types of work, for which the construction permit is not required.
SRO tolerance is not required:
When the objects of individual housing construction, intended for the residence of one family, are separately worthy and having no more than three floors;
For buildings in the form of block residential buildings, with no blocks of no more than ten. A separate block is designed to accommodate one family and has one or more walls common with a block of adjacent home and not having openings. A prerequisite is that the house should be located on a personal site and have access to public areas. Floors in such an object should be no more than three.
In the production buildings that 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 to organize a sanitary and protective zone or similar zones are installed on the territory of the site belonging to this object. The exception is the object of capital construction, which, based on the provisions of Article 48 of Part 1 of the Civil Code of the Russian Federation, is recognized either particularly dangerous or technically difficult or unique. Floors in such a construction should be no more than two.
It should be borne in mind that 624 orders were ambiguously met with construction organizations and individual entrepreneurs.
For this reason, Order No. 294 of July 23, 2010 a number of amendments and extended explanations were made, which types of work do not need tolerance:
Almost all kinds of glazing;
Trim plasterboard;
Plastering and facing;
Interior finishing works (all types);
Earthworks, floors and screeds;
Installation of fences, fences and gates;
Painting works;
Primer work;
Work on improvement, as well as repair and maintenance of road surfaces;
In addition to all this tolerance, SRO do not require:
Production of wooden structures for ready-made foundations of low-rise construction. This position does not apply to hanging designs, the shell of the twofold curvature, as well as membrane coatings;
Works produced on internal networks of buildings and structures that are not particularly dangerous facilities or unique. This exception does not apply to work with gas networks;
Roofing, stone, facade works of buildings and structures that are not particularly dangerous objects or unique;
Geodesic work on the construction sites of the above objects;
Protective work on building structures, as well as pipelines and equipment, including work on protective coating with paint and varnishes and thermal insulation of the pipeline. This provision does not apply to main and commercial pipelines;
It is possible to partially perform work on the preparation of construction sites for buildings and structures that are not particularly dangerous or unique facilities.
Construction work for which the admission of SRO is necessary
Building permission is required when working on specially dangerous, technically complex and unique facilities, the complete list of which contains the city code of the Russian Federation in Art. 48.1.
As an example, such objects include: facilities of aviation and space infrastructure, metro, hydraulic structures, seaports, as well as facilities of caption, which have the height or length of the spans more than one hundred meters, etc.
In our country, today there is a huge number of organizations that carry out construction activities. The main purpose of state bodies regulating the work of these companies is to create optimal conditions for the development of this industry. This can be done only if the legislation does not slow down the work of developers. For this purpose, large changes were made to it, as a result of which the construction license lost its original force.
Therefore, the question of whether a construction work license is needed is one of the most relevant these days. It is easy to arrange it, the most important thing is to assemble the necessary package of documents, and then write an application for receipt.
general information
The activities of construction companies are fully regulated by the state, which, in case of poor quality work, can deprive the developer of a license to carry out construction activities. However, this approach has many drawbacks because it creates a large number of business difficulties.
Therefore, the legislation was revised, and the issuance of licenses and quality control of the work was transferred to SRO. Thus, any construction company operating in Russia should buy a construction license in SRO and get tolerances for all types of work that it plans to perform.
License definition
License for construction work is a document that gives the right to carry out construction and other types of work related to design. It is prescribed by the rules of work that are mandatory to comply with. If the developer will allow any violations, then a disciplinary penalty is applied to it, and with regular disorders, it may also lose the license.
Do I need to make a license?
According to the current legislation of the Russian Federation, the construction license is obligatory to obtain all developers and industrial companies whose activities are related to construction. In addition to the license, it is also necessary to obtain permits for those types of work that the company will perform.
However, there is a small exception. Organizations that are engaged can work without any allowance document. Such measures were taken to reduce the load on the small and medium business and create more comfortable for them.
However, this does not mean that such companies should not comply with the rules and follow the quality of their work. Their activities are also regulated by SROs that can apply disciplinary recovery.
What types of activities are the construction license?
Many people are interested in the question of what construction work is needed a license. It is obligatory to obtain those companies whose activities are associated with the development of construction projects and technological documentation, the construction of buildings of various purposes, also with engineering.
To date, the issuance of licenses and the regulation of developers is engaged in SRO. However, in order to get permissive documentation, the developer must first become its member. It is important to understand that, in addition to the main activity, the SC also perform various types of work, which is also needed to obtain permission.
If any company whose activities are not commercial, it is necessary to obtain permission to build or other works, it is issued a limited license for construction and installation work.
Varieties of construction licenses
To date, licenses that provide the right to engage in construction activities are divided into the following varieties:
- Design - allows you to develop construction projects.
- Construction - provides the right to engage in the construction of houses and structures.
- Engineering - suggests engineering research and develop new decisions.
Each type of permissive document implies a certain type of activity, so when making a license, the company's direction should be taken into account.
What companies are subject to licensing?
The construction license should be at any company whose activity in one way or another is related to the construction of residential and commercial buildings, as well as any other architectural structures.
Legislation defines quite a few types of construction activities, so before applying to the SRO, it is recommended to get acquainted with the information provided in the classifier. However, it is worth noting that after making changes to legislation, activities that require a license, it has become much less than it was until 2010.
The process of obtaining a building license
The construction work license is issued in the following order:
- Preparation of the package of necessary documents.
- Applying an application to the regulatory authority.
- Check by the Expert Commission of the Construction Company for compliance with the technical base, the level of qualifyingness of work personnel, as well as the level of quality control by the established rules and requirements.
- If everything is in order, a license will be issued to the developer.
I would like to say that the Commission's decision when issuing a license is also influenced by the company's customer reviews, which submitted an application for documents. Therefore, regardless of whether you have a license or not, you need to always work efficiently.
During the assessment of the developer, third-party companies may be involved. This is necessary in order for the assessment to be implemented independently and was objective. However, it is important to understand that the recommendations of third-party organizations are extremely informative, therefore there are no significant impact on the decision of the Commission.
According to the law, the procedure for issuing a license for construction work should not exceed 60 days from the date of the application of the declaration.
What documents will required?
To obtain a license providing the right to carry out construction activities, you will need to prepare the following documents:
- statement of the established sample;
- photocopy of a document confirming personality;
- photocopies of the company's charter, certificates of state registration and INN;
- receipt of payment of licensed collection;
- the list of types of work, which the company plans to do;
- documents confirming the skillful staff.
It is worth noting that the list of documents may differ depending on the type of activity that the company plans to do. In addition, all regulatory documents are required, which are provided for by law.
Conclusion
Construction work license is without which the construction company's activities are impossible. However, to get it - it is only half an end, because for violations and poor-quality work, the SRO can always deprive her unfair company. Therefore, having received a license, always stick to high standards and comply with the requirements extended by SRO.
Good day!
Licensing of construction and project activities is canceled.
If the works you will perform are included in the list of types of work on engineering surveys, on the preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities that influence the safety of capital construction facilities approved by the Ministry of Regional Development of the Russian Federation of December 30, 2009 N 624, then in this case you will have to receive permission to perform work, joining the SRO.
List in the application.
When performing such works, your LLC does not have permission, not in the right to attract subcontractors, because How will not be able to properly control the subcontractor during such works.
The list does not include the types of work on the preparation of project documentation, construction, reconstruction, overhaul in relation to objects for which the issuance of a construction permit in accordance with paragraphs 1 - 4, 5 of Part 17 of Article 51 of the Urban Planning Code of the Russian Federation, and also with respect to individual housing construction sites (separate residential buildings with the number of floors not more than three, intended for living for no more than two families); residential buildings with the number of floors not more than three, consisting of several blocks, the number of which does not exceed ten and each of which is intended to accommodate one family, has a common wall (common walls) without openings with a neighboring unit or adjacent blocks, located on a separate land the site and has access to the common area (residential buildings of a blocked building); Apartment houses with the number of floors are no more than three, consisting of one or more block sections, the number of which does not exceed four, each of which has several apartments and public premises and each of which has a separate entrance to access to the public area.
According to pp 1-4, 5 p 17 tbsp. 51 of the Civil Code of the Russian Federation, the issuance of building permits is not required in the case of:
1) the construction of the garage on the land plot provided to the physical person for the purposes that are not related to the implementation of entrepreneurial activities, or construction on the land plot provided for the conduct of gardening, country farming;
2) construction, reconstruction of objects that are not objects of capital construction (kiosks, canopies and others);
3) construction on the land plot of buildings and facilities of the auxiliary use;
4) changes to the objects of capital construction and (or) of their parts, if such changes do not affect the design and other characteristics of their reliability and safety and do not exceed the limit parameters of the permitted construction, the reconstruction established by the city planning regulations;
5) other cases, if in accordance with the Civil Code of the Russian Federation, the legislation of the constituent entities of the Russian Federation on urban planning activities, obtaining a building permit is not required.
Please note that the list of works marked "*" requires obtaining a certificate of admission to the types of work affecting the safety of the object of capital construction, in the event of such works on the facilities specified in Article 48.1 of the Town Planning Code of the Russian Federation.
"Article 48.1. Particularly dangerous, technically complex and unique objects
1. It is especially dangerous and technically complex objects:
1) objects of use of atomic energy (including nuclear installations, storage points of nuclear materials and radioactive substances, radioactive waste storage locations);
2) hydraulic structures of the first and second classes established in accordance with the legislation on the safety of hydraulic structures;
3) constructions of communication, which are particularly dangerous, technically difficult in accordance with the legislation of the Russian Federation in the field of communication;
4) power lines and other objects of power grid economy voltage 330 kilovolt and more;
5) Space infrastructure facilities;
6) aviation infrastructure facilities;
7) common-use railway transport infrastructure facilities;
8) Metro;
9) marine ports, with the exception of sea specialized ports intended for servicing sports and pleasure ships;
10) lost strength. - Federal Law of 08.11.2007 N 257-FZ;
10.1) thermal power plants with a capacity of 150 megawatts and above;
11) Hazardous production facilities on which:
a) Operate, used, processed, are formed, stored, transported, dangerous substances are destroyed in quantities exceeding the limit. Such substances and limit quantities of hazardous substances are respectively specified in Annexes 1 and 2 to the Federal Law of July 21, 1997 N 116-FZ "On the industrial safety of hazardous production facilities" (hereinafter referred to as the Federal Law "On Industrial Safety of Hazardous Products"). Do not relate to particularly dangerous and technically complex objects of gas distribution systems, which are used, is transported by natural gas under pressure to 1.2 megapascular inclusive or liquefied hydrocarbon gas under pressure to 1.6 megapascal inclusive;
c) the melts of ferrous and non-ferrous metals and alloys based on these melts are obtained;
d) Mountain work, work on enrichment of minerals, as well as work in underground conditions;
2. The unique objects include capital construction objects (except in paragraph 1 of this article), in which at least one of the following characteristics are provided in the project documentation:
1) the height of more than 100 meters;
2) spans more than 100 meters;
3) the presence of the console is more than 20 meters;
4) Blowing underground part (fully or partially) below the planning mark of the Earth by more than 15 meters "
A quick viewing list suggests that most likely, the entry into the SRO does not threaten you.
What types of work can not be carried out without permits, where and how to get them? These issues are interested in many entrepreneurs who plan to engage in construction, as well as contractors from the former Soviet republics.
Licensing of hazardous activities
Since the beginning of the 1990s, the organization and private entrepreneurs engaged in the construction of buildings and structures should have been obtained by a license for construction activities. With the adoption of the Licensing Act in 2001, all the work related to capital construction and repair of buildings were included in the Special List:
- engineering survey: geological, geodesic, hydrometeorological and environmental research and other engineering works, as well as cadastral work;
- design of buildings and structures: drawing up project documentation for reconstruction, overhaul, construction and technical reorganization;
- construction and installation work:general construction, special, commissioning, assembly, sanitary and technical.
For certain activities, it is necessary to obtain relevant documents allowing its maintenance, for example - licenses. Construction activities, as a particular influence on social development, was also subject to compulsory licensing for a long time, but today the construction licenses are not issued in Russia. The licensing procedure was replaced by more promising, efficient and ensuring freedom of economics by the mechanism of self-regulating organizations (SRO) in the construction sector.
Table of contents:Legal regulation of licensing construction and construction SRO
The final abolition of licensing construction activities took place in 2010 in accordance with the provisions of the Federal Law No. 148 of July 22, 2008. In fact, this law completely abolished the action of the previously adopted FZ No. 128 of 08.08.2001 in matters of construction.Subsequently, a new license law was adopted, fully canceling the action of the old procedure for issuing licenses and a list of activities for which the state licensing was required.
However, given the importance of the construction factor, primarily housing, and ensuring compliance with relevant standards, as well as the realization of civil rights, leaving construction activities outside of all control is impossible. Since 2008, it became possible to form self-regulating organizations in the construction of construction, on the basis of the provisions of the Federal Law No. 315 of 01.12.2007. SRO in addition to construction are also the main regulators in most types of financial activities, in particular, in the field of reference.
The issue of regulating the rights and obligations of construction SRO is most fully considered in the provisions of chapter 6.1 of the Town Planning Code of the Russian Federation. At the same time, it is legally divided into the possibility of creating such organizations in various fields related to construction. For example, according to the provisions of Art. 55.4 GRK of the Russian Federation, the following types of profile SROs are provided, based on membership of various entities of entrepreneurial activities that:
- Design;
- Building;
- Engineering survey.
Important fact
SRO in the field of construction, as well as any other SROs, are non-profit organizations. In fact, they are presented to the association of profile individual entrepreneurs and legal entities, together developing their own standards and related obligations, for example, in the formation of compensatory funds.
Membership in SRO - is it necessary to get it
Until July 01, 2017, construction activities, engineering surveys and design were available only under the condition of membership in the SRO. But since July 2017, according to the provisions of the Federal Law No. 372 of 03.07.2016, these requirements were mitigated. In particular, the provisions of this federal law are allowed to maintain the above activities without obtaining membership in the SRO, subject to certain conditions. Namely:
- We can lead such activities only on the terms of the subcontract. The primary contractor should be an organization, properly included in the existing registered SROs in the relevant activity.
- The volume of remuneration paid for services in the subcontracting format should not exceed 3 million rubles.
In addition, earlier also a mandatory requirement for construction activities performed a certificate of SRO, which resolved construction. Today, for the management of construction activities, the very very fact of membership in SRO without obtaining, any additional permits or papers.
The construction of construction under licenses issued until 2010 is illegal, and previously operating licenses from 01.01.2010, regardless of their duration specified in such documentation, are considered invalid.
Membership in SRO may require participants in such an organization of payment of contributions. These include both entry contributions and contributions to compensation funds. For the current day, each SRO is obliged to have two compensation funds. One of them is common, contributions in the second are charged exclusively from entities of entrepreneurial activities applying for participation in government contracts and tenders.
On average, the cost of joining construction SROs in Russia varies from 50 to 500 thousand rubles. The annual membership fees can be up to 100 thousand rubles.
Important fact
Given the high cost of contributions to the SRO, it may be necessary to verify the legality of the registration of such organizations. This check can be easily carried out in online mode on the official website of the regulatory organization, which is Rostechnadzor. You can check the construction SRO online at https://sro.gosnadzor.ru/.
The loss of membership in the SRO is possible on the basis of a violation of the principles and rules adopted in this organization, including due to non-payment of membership fees. In addition, in the event of an exception from the SRO, the entity of entrepreneurial activity is deprived of the right to enter the same SRO or other SRO per year. Accordingly, at the time of the lack of membership, construction, engineering and exquisite or project activities can be carried out by it only in the framework of the framework. The costs of third parties associated with the loss of such rights by the entity of business activities are reimbursed from the SRO compensation fund.
