Expertise of sections of project documentation: position, composition, passage and approval

Building companies in the implementation of many projects must carry out an examination of project documentation. What are the features of this procedure? In which varieties can the relevant expertise be presented?

Examination of project documentation: regulatory legislation

The main source of law, which regulates the way in which the examination of the sections of the project documentation is to be carried out, is the Urban Development Code of the Russian Federation. Namely - Article 49 of the Code.

Another important source of law used in the legal relations under consideration is the RF Government Resolution No. 145, adopted on 05.03.2007. It regulates the procedure for conducting the examination by state bodies.

The next key source of law is the Regulation on the composition of the sections of the project documentation approved by the Russian Government Resolution No. 87, which was adopted on 16.02.2008. In this Regulation, the main requirements for the relevant documentation have been approved, in respect of which, during examination, verification is carried out for the correctness of design and content.

A similar source of law is the Regulation on Non-State Expertise, which was introduced by the Russian Government Resolution No. 272, adopted on 31.03.2012. In turn, this normative act regulates how the procedure in question is conducted by private organizations having the necessary competence.

Examination of the sections of the project documentation is carried out in the case when it comes to the implementation of a project within which an object of capital construction is being built . In order to implement similar projects, engineering surveys can also be conducted. An expert examination is also carried out in relation to them.

The procedure in question, in accordance with the provisions of the regulatory legislation can be carried out by public or private organizations. At their choice, the developer or the customer chooses an economic entity that has the competence to carry out an examination of project documentation, and also sends the necessary sources and, if necessary, the results of engineering developments.

When expertise is not necessary: low-rise buildings

It will be useful to consider in which cases in accordance with the regulatory legislation, examination of the sections of the project documentation is not carried out.

In particular, this is possible if it is a question of building detached residential buildings, in which there are no more than 3 floors, and in which the settlement of 1 family is expected. That is, the house must be recognized as an object of individual construction.

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 represented by blocks in an amount not exceeding 10, while in each of them it is assumed that 1 families. In this case, the building must have common walls, and the openings between neighboring blocks should be absent. In addition, each unit must have an outlet to the public sector. In this case we are talking about the house of the blocked building. It should be noted that in accordance with the legislation of the Russian Federation, the examination of the sections of the project documentation of this 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 an apartment house with a height of no more than 3 floors is constructed, consisting of block sections in the number not exceeding 4, in each of which there are several apartments, as well as premises intended for general use . In turn, each dwelling should have a separate entrance, which goes to the common use area. Similarly, the examination of this real estate object should be carried out if the building is built at the expense of the budget of the Russian Federation.

When expertise can not be carried out: commercial buildings

The procedure in question is not carried out if the project carries out the construction of separately standing capital real estate objects with a height not exceeding 2 floors with an area of not more than 1500 sq. M. M, not intended for settling of citizens and use of corresponding resources in economic activity. Examination and approval of project documentation of such real estate objects, however, are carried out if they are classified as dangerous, complex or unique structures.

The procedure is not carried out if the project is constructed separately standing capital objects with a height not exceeding 2 floors, having a total area of not more than 1500 square meters. M and intended for the implementation of economic activities that do not require the arrangement of sanitary protection areas or involving the use of existing - within the boundaries of the territories on which these properties are located. If the building belongs to dangerous, complex or unique objects - the examination of the project documentation becomes mandatory.

It is not required to carry out the procedure under consideration if it concerns the construction of boreholes that are being built in accordance with the RF legislation on subsoil use.

It should be noted that if any of the objects considered above are located in a protected area on which the pipeline infrastructure is located, then the expertise 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 erection of a capital object does not require obtaining a permit for construction work. Examination of separate sections of design documentation that are prepared for the purpose of capital repairs of certain objects is not carried out - unless it is a question of repairing roads that are intended for general use.

When can the results of engineering work not be checked?

As for engineering surveys, their results can not be verified within the framework of the examination if the relevant work was carried out in the construction of facilities for which the procedure in question is not being implemented. Similarly - examination of the survey is not required if the construction of the object does not require a permit.

Let us now consider how the examination in question is carried out in practice. Since this procedure can be carried out by both public and private entities, it will be useful to study the specifics of both of its legal options. Let's start by considering the specifics of carrying out state expertise. It is carried out, as we noted above, on the basis of the Regulation, which was adopted by the Resolution of the Government of the Russian Federation No. 145.

State examination of project documentation: preliminary examination of documents

The first stage within the framework of the state verification of project documentation is, in fact, a preliminary check of the sources provided by the construction company to an authorized state institution. This procedure is carried out within 3 working days. If the composition of the project documentation for the examination is approved, the firm is sent an agreement 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 the point at which the economic entity wishes to conduct a check directly on the design and engineering documentation, a specific list of sources provided to the competent state authority is formed. For example, if a firm wants to carry out an examination of both types of documentation at the same time, it is necessary to provide it to an expert organization:

- application in the prescribed form;

- copies of title documents;

- a copy of the urban development plan;

- Actually, the project documentation;

- a copy of the project development task;

- documents that reflect the results of engineering works, as well as a copy of the tasks for their conduct.

Carrying out of state expertise

After the preliminary approval of the design documentation to be examined is carried out, the procedure in question is carried out directly. The state inspection of building documents is a paid service. Therefore, simultaneously with the signing of the contract with the state structure, which conducts the examination, the economic entity transfers to the benefit of the organization the payment specified in the contract. After the experts begin to check the documentation.

This procedure is carried out within a period not exceeding 3 months. In this case, if the real estate object does not belong to the category of unique, the duration of the examination should not exceed 45 days. What are the most noteworthy nuances of the procedure in question?

First of all, it can be noted that the list of sections of the project documentation for the examination can be investigated for errors that can lead to a negative decision of experts, and if necessary - to be adjusted. In this case, this option is usually prescribed in the contract between the construction firm and the expert organization. Moreover, if in the project documentation or the sources in which the information on the results of engineering works are reflected, flaws are revealed, due to which it can be problematic to assess the relevant sources, then the experts inform the construction company about it as soon as possible and ask to eliminate the shortcomings. As a rule, the period during which the business entity must, having learned which sections of the project documentation are necessary for the examination in order to provide reliable estimates to the sources, and also that their correction is required, does not exceed 10 days from the date of notification by the experts.

In the process of working on the project documentation, a competent government agency can request from an economic entity the provision of additional documents, calculations, various technological solutions.

The result of the state examination

Based on the results of the work of experts, 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 firm with the requirements established in various regulations. At the same time, an analogous estimate is also provided for engineering documentation. Only provided that all sections of the project documentation for the TC for examination or, for example, the office center, have been tested, it is possible to approve the project documentation. The results of the work of specialists from a competent state structure can be challenged. This requires a court decision. Examination of the design documentation of the section of the AU, which deals with architectural and construction decisions, should be objective, but if it is not so, the economic entity has the right to initiate consideration of disputable issues in a judicial procedure. The results of the work of experts are usually drawn up in several copies.

Non-governmental examination of project documentation: nuances

If even in accordance with the results of the work of specialists from the competent state structure all the constituent parts of the construction documentation are approved, the state expertise of the project documentation may not be sufficient from the point of view of the needs of the economic entity arising from the implementation of specific production tasks. In this case, the construction company can apply to a private structure that has competence in conducting state expertise of construction and engineering documentation. What are the main advantages in applying to the relevant organization?

First of all, it can be noted that an independent evaluation of the project documentation by a private firm is usually faster than in the case of an appeal to a competent government agency. This may be due to, for example, the presence of a large number of specialists who have the necessary qualifications for conducting an examination, in the state of the relevant firm.

In many cases, the appeal to specialized organizations engaged in non-state expertise of construction documentation is cheaper, as these firms have the right to set prices for their services without binding to tariffs set at the legislative level.

As a rule, when applying to a private company, it does not matter which specific region the construction company is registered in. This allows you to bypass the formalities and significantly speed up the procedure for solving the problems that are facing the construction company.

Non-state expertise of sections of project documentation is often carried out more quickly, as its terms, like 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, the timing is discussed, and in many cases they can be the most operational.

Conducting a non-state expertise of construction documentation can be accompanied by a much more intensive interaction between the customer and the contractor on any issues related to solving the tasks assigned to the construction company. Experts of the expert organization in this case are not limited by the regulations, which largely determine how, in turn, the activities of state structures should be carried out.

The services of private organizations can be presented in a broader list than state ones in the framework of the expertise of construction documentation. For example, experts from relevant firms can not only point out the shortcomings found in the documents provided by the customer, but also provide the client with additional advice on how to adjust certain sources.

It can be noted that non-state expertise of sections of project documentation in many cases precedes the subsequent direction of sources investigated by private experts already in state structures - if this is necessary from the point of view of the requirements for the implementation of a specific construction project.