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Government resolution on state examination. Duration of state examination of design documentation: when is it minimal?

One of frequently asked questions the question we are asked is about the timing of the examination project documentation. Why there is confusion among Customers about deadlines is explained by the amount of different information that is found on the Internet on this topic. You can find such terms as 3-5 days, 45 days, 60 days, 90 days.

Let's understand the reliability of this information. And for this, we will focus specifically on the legal documents: federal laws, regulations, clarifications and other current regulations.

So, the first document that we will consider is Decree of the Government of the Russian Federation N 145 “On the procedure for organizing and conducting state examination design documentation and engineering survey results." Clause 29.

The results of engineering surveys before sending design documentation for this examination;

Project documentation for residential capital construction projects, including built-in and attached non-residential premises that are not classified as unique objects;

Design documentation and results of engineering surveys in relation to residential capital construction projects, including built-in and attached non-residential premises that are not related to unique objects;

Project documentation for capital construction projects, construction, reconstruction and (or) major repairs of which will be carried out in special economic zones;

Design documentation and results of engineering surveys in relation to capital construction projects, the construction, reconstruction and (or) major repairs of which will be carried out in special economic zones.

In 2016, the above-mentioned Resolution was supplemented by paragraph 29(1), according to which the deadlines can be extended at the initiative of the applicant by no more than 30 days in the manner prescribed by the agreement.

In this regulatory act we're talking about on the timing of the state examination. Does this period apply to non-state examination? Is there a document that specifies the deadline specifically for non-state examination? Yes, there is such a document. This is Decree of the Government of the Russian Federation No. 272 ​​“On approval of the Regulations on the organization and conduct of non-state examination of design documentation and (or) engineering survey results”, paragraph 6.

According to this normative act all procedures for non-state examination, including the preparation of an expert opinion and the procedure for appealing it, are regulated by the Regulations on the organization and conduct of state examination of design documentation and engineering survey results.

Based on this information, it is important to understand that the current legislation of the Russian Federation regulates the terms of examination by the same regulatory documents. The period of non-state examination is established by law in accordance with the period of state examination and should not exceed 60 days (Resolution of the Government of the Russian Federation No. 145, paragraph 29).

Now let’s figure out where the information about the 3-5 day period comes from. Let us turn again to the current legislation. In Decree of the Government of the Russian Federation No. 145 on the procedure for organizing and conducting state examination, in paragraph 21, it is established that the period for checking project documentation is 3 days.

Please note that the inspection period and the period for issuing the conclusion do not always coincide!

What does this process look like in practice?

Firstly, the receipt of project documentation for examination. This means that there must be a complete package of documents, in accordance with Resolution No. 87.

Secondly, organizing the process of checking design documentation.

Thirdly, distribution of received project documentation among experts.

Fourthly, work with comments. It is at this stage that interaction between the expert organization and the Customer is important. The ideal situation is when the comments made by the experts are promptly addressed by the Customer. However, there are situations when receiving responses to comments is delayed by the Customer himself and thus, the Customer, through his actions, can increase the time frame for issuing the conclusion.

The last, fifth, stage is writing local conclusions by section and writing a summary expert opinion.

From the stages described above, I hope it has become clear that deadlines are a two-way process in which both parties are fully involved: the expert organization and the Customer. Check times are regulated current legislation RF.

For us, MINEX LLC, specifically for the non-state examination of design documentation and engineering survey results, it is definitely easier to regulate the timing of the examination due to the geographic location of our staff experts and the ability to structure the examination process around the clock.

Our company has 145 experts in all sections of the project, living in different cities Russia, from Moscow to Vladivostok. Due to this geography, the examination process takes place around the clock. The acceleration of verification times is affected by time differences. For example, when the working day in Moscow ends, then morning comes in Vladivostok and the working day begins. This is very convenient for our Customers, who value the shortest possible turnaround time for the work to be completed by our experts.

And of course, the very process of organizing the examination of design documentation and engineering survey results, which is based on the principles of efficiency, decency, common sense and the desire to find technically competent solutions that are optimal for the Customer, including complex situations.

The terms that we guarantee to our Customers range from 7 to 30 days.

ON THE PROCEDURE FOR ORGANIZING AND CONDUCTING STATE EXAMINATION OF DESIGN DOCUMENTATION AND RESULTS OF ENGINEERING SURVEYS

(as amended by Resolutions of the Government of the Russian Federation dated December 29, 2007 N 970, dated February 16, 2008 N 87, dated November 7, 2008 N 821, dated September 27, 2011 N 791)

Pursuant to Part 11 of Article 49 of the Town Planning Code Russian Federation The Government of the Russian Federation decides:
1. Approve the attached Regulations on the organization and conduct of state examination of design documentation and engineering survey results.
2. Establish that:
a) paragraphs 46 - 48 of the Regulations approved by this resolution are subject to application from January 1, 2009;
dated December 29, 2007 N 970)
b) state examination of design documentation for capital construction projects and the results of engineering surveys carried out for such objects is organized and carried out:
Part 5.1 of Article 6 of the Town Planning Code of the Russian Federation (except for the objects specified in paragraphs three and four of this subclause) - a state institution subordinate to the Ministry of Regional Development of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation dated November 7, 2008 N 821)
in relation to the objects specified in part 5.1 of article 6 of the Town Planning Code of the Russian Federation, which are objects of the military infrastructure of the Armed Forces of the Russian Federation, - by the Ministry of Defense of the Russian Federation, in relation to other defense and security facilities under the jurisdiction of federal executive bodies - by federal executive bodies authorities authorized to conduct state examination of design documentation and engineering survey results by decrees of the President of the Russian Federation;
in relation to unique objects, the construction, reconstruction, major repairs of which are supposed to be carried out on the territory of the city of Moscow - by the executive authority of the city of Moscow or a government agency subordinate to it (before January 1, 2011);
in relation to other objects - by executive authorities of the constituent entities of the Russian Federation authorized to carry out state examination of design documentation and engineering survey results or subordinate to these authorities government agencies;
c) when conducting a state examination of design documentation and engineering survey results, assessment of design documentation and engineering survey results for compliance with the requirements that were the subject of sanitary and epidemiological examination, state environmental examination, state historical and cultural examination, state examination of working conditions, state examination in the field of protection population and territories from emergency situations and industrial safety examinations are not carried out if, before the entry into force of the Regulations approved by this resolution, positive conclusions were received based on the results of these examinations, and also if positive conclusions based on the results of these examinations are received based on materials sent for these examinations before 1 January 2007. The conclusions of these examinations are taken into account when preparing conclusions of the state examination of design documentation and the results of engineering surveys;
d) state examinations of design documentation and engineering survey results, begun before the entry into force of the Regulations approved by this resolution, are subject to completion by the bodies (state institutions) that began them. Repeated state examinations of design documentation and engineering survey results can be carried out until January 1, 2008 by bodies (state institutions) that issued negative conclusions based on the results of the initial state examinations;
e) the summary conclusion of the state examination of design documentation, issued before the entry into force of the Regulations approved by this resolution, and containing conclusions on the recommendation of design documentation for approval, is equivalent to a positive conclusion of the state examination of design documentation and engineering survey results. The said summary conclusion, as well as the positive conclusion of the state examination of the design documentation, issued in accordance with the Regulations approved by this resolution, before the entry into force of the acts of the Government of the Russian Federation provided for in subparagraph "a" of paragraph 3 and paragraph 4 of this resolution, and containing a positive assessment of the estimate cost carried out in the cases specified in subparagraph "i" of this paragraph in relation to a capital construction project, the construction or reconstruction of which is financed in whole or in part from the federal budget, are equated to positive conclusions on efficiency, reliability and assessment of the validity of the use of funds the federal budget allocated for capital investments;
f) before approval of the requirements for the composition, content and procedure for drawing up the conclusion of the state examination of project documentation and

Before sending an electronic appeal to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.

1. Electronic applications within the sphere of competence of the Ministry of Construction of Russia, filled out in accordance with the attached form, are accepted for consideration.

2. An electronic appeal may contain a statement, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry ensures objective, comprehensive and timely consideration of applications. Review of electronic appeals is free of charge.

4. In accordance with Federal Law No. 59-FZ dated May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation,” electronic appeals are registered within three days and sent depending on the content to structural units Ministries. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues the solution of which is not within the competence of the Ministry of Construction of Russia is sent within seven days from the date of registration to the relevant body or the relevant official whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

5. Electronic appeal is not considered if:
- absence of the applicant’s surname and name;
- indication of an incomplete or unreliable postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- when typing, use a non-Cyrillic keyboard layout or only capital letters;
- absence of punctuation marks in the text, presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already been given a written answer on the merits in connection with previously sent appeals.

6. The response to the applicant is sent to the postal address specified when filling out the form.

7. When considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not permitted without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements Russian legislation about personal data.

8. Appeals received through the site are summarized and presented to the leadership of the Ministry for information. Answers to the most frequently asked questions are periodically published in the sections “for residents” and “for specialists”

* This material is over two years old. You can check with the author the degree of its relevance.


GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ABOUT ORGANIZATION AND CARRYING OUT

STATE EXAMINATION OF DESIGN DOCUMENTATION

AND RESULTS OF ENGINEERING SURVEYS

(as amended by Decrees of the Government of the Russian Federation dated December 29, 2007 N 970,

dated 16.02.2008 N 87, dated 07.11.2008 N 821, dated 27.09.2011 N 791)

Decree of the Government of the Russian Federation of March 5, 2007 N 145 Moscow On the procedure for organizing and conducting state examination of design documentation and engineering survey results
Resolution on the procedure for conducting state examination of engineering survey results
Government Decree on the procedure for organizing and conducting state examination of design documentation and engineering survey results
Date of signing: 03/05/2007
Date of publication: 03/15/2007 00:00
In pursuance of Part 11 of Article 49 of the Town Planning Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Regulations on the organization and conduct of state examination of design documentation and engineering survey results.
2. Establish that:
a) paragraphs 46-48 of the Regulations approved by this resolution are subject to application from January 1, 2008;
b) state examination of design documentation for capital construction projects and the results of engineering surveys carried out for such objects is organized and carried out:
in relation to the objects specified in part 51 of article 6 of the Town Planning Code of the Russian Federation (except for the objects specified in paragraphs three and four of this subparagraph) - by a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services;
in relation to the objects specified in part 51 of article 6 of the Town Planning Code of the Russian Federation, which are objects of the military infrastructure of the Armed Forces of the Russian Federation, - by the Ministry of Defense of the Russian Federation, in relation to other defense and security facilities under the jurisdiction of federal executive bodies - by federal executive bodies authorities authorized to conduct state examination of design documentation and engineering survey results by decrees of the President of the Russian Federation;
in relation to unique objects, the construction, reconstruction, major repairs of which are supposed to be carried out on the territory of the city of Moscow - by the executive authority of the city of Moscow or a government agency subordinate to it (before January 1, 2011);
in relation to other objects - by executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to these authorities authorized to conduct state examination of design documentation and engineering survey results;
c) when conducting a state examination of design documentation and engineering survey results, assessment of design documentation and engineering survey results for compliance with the requirements that were the subject of sanitary and epidemiological examination, state environmental examination, state historical and cultural examination, state examination of working conditions, state examination in the field of protection population and territories from emergency situations and industrial safety examinations are not carried out if, before the entry into force of the Regulations approved by this resolution, positive conclusions are received based on the results of these examinations, and also if positive conclusions based on the results of these examinations are obtained based on materials sent to carry out these examinations before January 1, 2007. The conclusions of these examinations are taken into account when preparing conclusions of the state examination of design documentation and engineering survey results;
d) state examinations of design documentation and engineering survey results, begun before the entry into force of the Regulations approved by this resolution, are subject to completion by the bodies (state institutions) that began them. Repeated state examinations of design documentation and engineering survey results can be carried out until January 1, 2008 by bodies (state institutions) that issued negative conclusions based on the results of the initial state examinations;
e) the summary conclusion of the state examination of design documentation, issued before the entry into force of the Regulations approved by this resolution, and containing conclusions on the recommendation of design documentation for approval, is equivalent to a positive conclusion of the state examination of design documentation and engineering survey results. The said summary conclusion, as well as the positive conclusion of the state examination of the design documentation, issued in accordance with the Regulations approved by this resolution, before the entry into force of the acts of the Government of the Russian Federation provided for in subparagraph "a" of paragraph 3 and paragraph 4 of this resolution, and containing a positive assessment of the estimate cost carried out in the cases specified in subparagraph "i" of this paragraph in relation to a capital construction project, the construction or reconstruction of which is financed in whole or in part from the federal budget, are equated to positive conclusions on efficiency, reliability and assessment of the validity of the use of funds the federal budget allocated for capital investments;
f) before approval of the requirements for the composition, content and procedure for drawing up the conclusion of the state examination of design documentation and the results of engineering surveys, these conclusions are drawn up in any form;
g) before the entry into force of the act regulating the composition and requirements for the content of sections of project documentation submitted for state examination, the composition and requirements for the content of sections of this documentation are determined by the regulatory technical requirements for its development;
h) before January 1, 2008, the conclusion of the state examination of design documentation and engineering survey results is signed by the persons participating in the conduct of this state examination;
i) before the entry into force of the act of the Government of the Russian Federation specified in subparagraph “a” of paragraph 3 of this resolution, assessment of compliance of the estimated cost of a capital construction project, the construction or reconstruction of which is financed in whole or in part from the federal budget, with standards in the field of estimated standardization and pricing is carried out simultaneously with the state examination of the design documentation of the corresponding capital construction project by the authorities (state institutions) carrying out this examination, and the results of the assessment are reflected in the conclusion of the state examination. There is no charge for this assessment.
3. To the Ministry of Regional Development of the Russian Federation:
a) before May 1, 2007, submit to in the prescribed manner a draft act of the Government of the Russian Federation regulating the procedure for checking the accuracy of the determination in project documentation of the estimated cost of capital construction projects, the construction or reconstruction of which is financed in whole or in part from the federal budget;
b) before June 1, 2007, submit in the prescribed manner a draft act of the Government of the Russian Federation regulating the composition and requirements for the content of sections:
design documentation in relation to various types capital construction projects, including linear facilities;
design documentation in relation to individual stages of construction and reconstruction of capital construction projects;
design documentation submitted for state examination of design documentation;
c) until July 1, 2007 in agreement with the Ministry economic development and Trade of the Russian Federation and the Ministry of Finance of the Russian Federation to submit proposals to the Government of the Russian Federation on improving the procedure for determining the amount of fees for conducting state examination of design documentation and engineering survey results;
d) within a 3-month period, approve the criteria for classifying project documentation as standard design documentation, as well as modified standard design documentation that does not affect the reliability and safety characteristics of capital construction projects.
4. Before May 1, 2007, the Ministry of Economic Development and Trade of the Russian Federation must submit, in the prescribed manner, a draft act of the Government of the Russian Federation regulating the procedure for conducting inspections and issuing conclusions on the effectiveness and assessment of the validity of the use of federal budget funds allocated for capital investments.
5. Federal Agency for Construction and Housing and Communal Services:
a) determine a list of documents in the field of estimate regulation and pricing recommended for determining the cost of design and engineering survey work;
b) approve the procedure for maintaining a register of issued conclusions of state examination of design documentation and engineering survey results and providing information contained in this register;
c) determine a state institution subordinate to it, authorized to conduct a state examination of design documentation and engineering survey results;
d) approve within 3 months the requirements for the composition, content and procedure for drawing up the conclusion of the state examination of design documentation and engineering survey results;
e) approve the procedure for certification of state experts before July 1, 2007;
f) approve the procedure for transferring design documentation and (or) engineering survey results for state examination if it is impossible to carry it out in the constituent entity of the Russian Federation at the location of the land plot on which construction, reconstruction, or major repairs of a capital construction project are expected to be carried out.
6. Decree of the Government of the Russian Federation dated December 27, 2000 N1008 “On the procedure for conducting state examination and approval of urban planning, pre-design and design documentation” (Collected Legislation of the Russian Federation, 2001, N 1, Art. 135) shall be declared invalid.
Chairman of the Government
Russian Federation
M. Fradkov
Regulations on the organization and conduct of state examination of design documentation and engineering survey results
I. General provisions
1. These Regulations determine the procedure for organizing and conducting state examination of design documentation and engineering survey results in the Russian Federation (hereinafter referred to as the state examination), the procedure for determining the amount of the fee for conducting the state examination, as well as the procedure for collecting this fee.
This Regulation is subject to application by all executive authorities and government agencies authorized to conduct state expertise, with the exception of cases where a different procedure for conducting state expertise is established by the legislation of the Russian Federation for federal executive authorities authorized to conduct state expertise by decrees of the President of the Russian Federation.
2. The concepts used in these Regulations mean the following:
“applicant” - the customer, developer or a person authorized by any of them who applied for a state examination;
“organizations for conducting state examination” - executive authorities authorized to conduct state examination, state institutions subordinate to these bodies, a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services;
“construction stage” - construction or reconstruction of a capital construction project from among capital construction projects planned for construction, reconstruction on one land plot, if such a facility can be put into operation and operated autonomously (that is, regardless of the construction or reconstruction of other capital construction projects on this land plot), as well as the construction or reconstruction of a part of a capital construction project, which can be put into operation and operated autonomously (that is, regardless of the construction or reconstruction of other parts of this capital construction project).
3. The organization for conducting state examination is obliged to:
explain free of charge, at the request of interested parties, the procedure for conducting state examination; take measures to ensure the safety of documents submitted for the state examination, as well as to ensure non-disclosure of design decisions and other confidential information that has become known to this organization in connection with the state examination.
4. The organization for conducting state examination does not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.
5. Design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation are subject to state examination, except for the cases specified in paragraphs 6-8 of these Regulations.
6. Design documentation and the results of engineering surveys performed to prepare such design documentation in relation to the following capital construction projects are not subject to state examination:
a) detached residential buildings with no more than 3 floors, intended for one family (individual housing construction projects);
b) residential buildings with no more than 3 floors, consisting of no more than 10 blocks, each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks, is located on a separate plot of land and has access to public territory (blocked residential buildings);
V) apartment buildings with a number of floors of no more than 3, consisting of no more than 4 block sections, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area;
d) separate capital construction projects with no more than 2 floors, the total area of ​​which is no more than 1500 sq. m. meters and which are not intended for the residence of citizens and the implementation of production activities;
e) separate capital construction projects with no more than 2 floors, the total area of ​​which is no more than 1500 sq. m. meters that are intended for production activities and for which it is not necessary to establish sanitary protection zones or it is required to establish sanitary protection zones within the boundaries land plots, on which such objects are located.
7. Design documentation and the results of engineering surveys performed to prepare such design documentation are not subject to state examination in cases where a construction permit is not required, namely in the following cases:
a) construction of a garage on a land plot provided to an individual for purposes not related to the implementation entrepreneurial activity, or construction on a plot of land provided for gardening or summer cottage farming;
b) construction, reconstruction of objects that are not capital construction projects (kiosks, sheds and others);
c) construction of buildings and structures for auxiliary use on the land plot;
d) changes to capital construction projects and (or) their parts, if such a change does not affect the structural and other characteristics of their reliability and safety and does not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations.
8. State examination of design documentation is not carried out in relation to design documentation of capital construction projects that previously received a positive conclusion from the state examination of design documentation and is being reused (hereinafter referred to as standard design documentation), or modifications of such design documentation that do not affect the structural and other characteristics of reliability and safety capital construction projects.
If the construction of a capital construction project will be carried out using standard design documentation or modifications of such design documentation, the results of engineering surveys are subject to state examination, regardless of the fact that state examination of design documentation is not carried out.
9. The powers of a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services include organizing and conducting state expertise in relation to the following types of capital construction projects:
a) objects, construction, reconstruction and (or) major repairs of which are expected to be carried out in the territories of 2 or more constituent entities of the Russian Federation;
b) objects, construction, reconstruction and (or) major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters and in the territorial sea of ​​the Russian Federation;
c) defense and security objects, other objects, information about which constitutes a state secret (with the exception of objects in respect of which state examination is assigned by decrees of the President of the Russian Federation to the powers of federal executive authorities);
d) objects cultural heritage(historical and cultural monuments) of federal significance (during major repairs in order to preserve them);
e) especially dangerous and technically complex objects;
f) unique objects (with the exception of objects in respect of which state examination was assigned until 2011 to the powers of the executive authority of Moscow).
10. Particularly dangerous and technically complex objects include:
a) objects of use atomic energy, including nuclear installations, storage facilities for nuclear materials and radioactive substances;
b) hydraulic structures of the first and second classes, installed in accordance with the legislation of the Russian Federation on the safety of hydraulic structures;
c) line-cable communication structures and communication structures, determined in accordance with the legislation of the Russian Federation;
d) power lines and other power grid facilities with a voltage of 330 kilovolts or more;
e) space infrastructure facilities;
f) airports and other aviation infrastructure facilities;
g) public railway transport infrastructure facilities;
h) subways;
i) sea ports, with the exception of specialized sea ports intended for servicing sports and pleasure vessels;
To) car roads public use of federal significance and related transport engineering structures;
k) hazardous production facilities where:
hazardous substances in quantities exceeding the limit are obtained, used, processed, formed, stored, transported, or destroyed. Such objects and limit quantity hazardous substances are listed respectively in Appendices 1 and 2 to Federal law"On industrial safety of hazardous production facilities" (hereinafter referred to as the Federal Law);
the equipment specified in paragraph 2 of Appendix 1 to the Federal Law is used;
melts of ferrous and non-ferrous metals and alloys based on these melts are obtained;
are underway mining work, work on mineral processing, as well as work in underground conditions;
permanently installed cable cars and funiculars are used.
11. Unique objects include capital construction projects, the design documentation of which provides for one of the following characteristics:
a) height more than 100 meters;
b) spans of more than 100 meters;
c) the presence of a console more than 20 meters long;
d) deepening the underground part (in whole or in part) below the planning level of the ground by more than 10 meters;
e) the presence of structures and structural systems for which non-standard calculation methods are used taking into account physical or geometric nonlinear properties or special calculation methods are developed.
12. State examination in relation to objects not specified in paragraph 9 of these Regulations, and objects in respect of which state examination is assigned by decrees of the President of the Russian Federation to the powers of other federal executive authorities, is carried out by executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination or government agencies subordinate to them.
II. Submission of documents for state examination
13. To conduct a state examination of both design documentation and the results of engineering surveys performed to prepare such design documentation, the following are submitted:
a) an application for a state examination, which indicates:
identification information about the performers of the work - the persons who prepared the design documentation and carried out the engineering surveys (last name, first name, patronymic, details of identity documents, postal address of residence individual entrepreneur, full name, location of the legal entity);
identification information about the capital construction project, design documentation and (or) the results of engineering surveys in respect of which are submitted for state examination (name of the project(s) of proposed construction (reconstruction, major repairs), postal (construction) address of the capital construction project(s), main technical and economic characteristics of the capital construction object (objects) (area, volume, length, number of floors, productive capacity etc);
identification information about the applicant (last name, first name, patronymic, details of identity documents, postal address of the developer’s (customer) place of residence - individual, full name of the legal entity, location of the developer -legal entity, and if the developer (customer) and the applicant are not the same person, the specified information also applies to the applicant);
b) copies of title documents for land plot, where construction, reconstruction, and major repairs of a capital construction facility are expected to be carried out;
c) a copy of the urban planning plan of the land plot on which construction or reconstruction of a capital construction project is expected to be carried out;
d) design documentation for a capital construction project in accordance with the requirements (including the composition and content of sections of documentation) established by the legislation of the Russian Federation;
e) a copy of the design assignment;
f) the results of engineering surveys in accordance with the requirements (including the composition of these results) established by the legislation of the Russian Federation;
g) a copy of the assignment for performing engineering surveys;
h) the conclusion of the state environmental examination in the event that design documentation is submitted for the state examination for capital construction projects, the construction, reconstruction or major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters or in territorial sea of ​​the Russian Federation;
i) documents confirming the applicant’s authority to act on behalf of the developer, customer (if the applicant is not the customer and (or) developer), in which the authority to conclude, amend, execute, terminate the agreement on conducting a state examination (hereinafter referred to as the agreement) must be specifically stated.
14. To conduct a state examination of the results of engineering surveys, before sending design documentation for state examination, the documents specified in subparagraphs “a” - “c” and “e” - “i” of paragraph 13 of these Regulations are submitted.
15. To conduct a state examination of the results of engineering surveys in the cases specified in paragraph 8 of these Regulations, the documents specified in subparagraphs “a” - “c” and “e” - “i” of paragraph 13 of these Regulations are submitted, as well as:
a) design documentation for external engineering networks and constructive solutions foundations;
b) a positive conclusion of the state examination in relation to the applied standard design documentation (modified standard design documentation), issued to any person no earlier than 3 years before the date of filing an application for a state examination of the results of engineering surveys;
c) a document confirming the right of the developer (customer) to use standard project documentation, the exclusive right to which belongs to another person (agreement on the alienation of the exclusive right, license agreement, sublicense agreement, etc.).
16. To conduct a state examination of design documentation, after a state examination of the results of engineering surveys carried out to prepare such design documentation, the documents specified in paragraph 13 of these Regulations are submitted (except for a copy of the assignment for performing engineering surveys), and a positive conclusion of the state examination of the results of engineering surveys, while the results of engineering surveys are not re-submitted.
17. The organization for conducting state examination has the right to additionally request from the applicant the submission of calculations of design and technological solutions used in the design documentation, as well as engineering survey materials. The specified calculations and materials must be submitted by the applicant within 5 days after receiving the relevant request. Requesting other information and documents from applicants is not allowed.
18. The documents specified in paragraphs 13-16 of these Regulations are submitted on paper. The contract may stipulate that design documentation and engineering survey results may also be presented on electronic media.
19. Design documentation for a capital construction project may be presented in relation to individual stages of construction and reconstruction of a capital construction project.
20. If the design documentation and the results of engineering surveys are subject to state examination by the executive authorities of the constituent entities of the Russian Federation or government agencies subordinate to them, the documents necessary for conducting the state examination are submitted to the organization for conducting the state examination of the constituent entity of the Russian Federation at the location of the land plot, on which it is proposed to carry out construction, reconstruction or major repairs of a capital construction project.
If, in relation to certain capital construction projects, it is not possible to carry out a state examination in the subject of the Russian Federation at the location of the land plot on which construction, reconstruction or major repairs of the capital construction project are to be carried out, the executive authority of this subject of the Russian Federation has the right to apply to Federal Agency for Construction and Housing and Communal Services with a request to send design documentation and (or) engineering survey results for state examination to another organization for conducting state examination. The procedure for filing the relevant appeal and making a decision on it is established Federal agency on construction and housing and communal services.
III. Verification of documents submitted for state examination
21. The organization for conducting the state examination, within 3 working days from the date of receipt from the applicant of the documents specified in paragraphs 13-15 of these Regulations, checks them. The period for conducting an inspection in relation to the objects specified in paragraph 9 of these Regulations should not exceed 10 working days.
22. Within the period specified in paragraph 21 of these Regulations, the applicant is presented (sent) a draft agreement with the calculation of the amount of the fee for conducting the state examination, signed by the organization for conducting the state examination, or a reasoned refusal to accept documents submitted for the state examination, or specified documents must be returned without consideration.
23. Documents submitted for state examination are subject to return to the applicant without consideration on the following grounds:
a) state examination must be carried out by another organization for conducting state examination;
b) the submitted design documentation and (or) the results of engineering surveys performed to prepare such design documentation are not subject to state examination.
24. The grounds for refusal to accept design documentation and (or) engineering survey results submitted for state examination are:
a) the absence in the design documentation of the sections provided for in parts 12 and 13 of Article 48 of the Town Planning Code of the Russian Federation;
b) non-compliance of sections of project documentation with the requirements for the content of sections of project documentation established in accordance with Part 13 of Article 48 of the Town Planning Code of the Russian Federation;
c) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of the Town Planning Code of the Russian Federation;
d) submission of not all documents specified in paragraphs 13-15 of these Regulations necessary for the state examination, including the absence of a positive conclusion of the state examination of the results of engineering surveys (in the event that the design documentation is sent for state examination after the state examination of the results of engineering surveys ).
25. If the documents submitted for the state examination are returned without consideration or the documents are refused to be accepted, the specified documents are returned (with the exception of the application for the state examination) to the applicant.
If deficiencies in the documents submitted by the applicant, which served as the basis for refusing to accept them for state examination, can be eliminated without returning these documents and the applicant does not insist on their return, the organization conducting the examination sets a period for eliminating such deficiencies, which should not exceed 30 days.
26. Legal regulation the contract is carried out according to the rules established by the civil legislation of the Russian Federation in relation to the contract for the provision of paid services. The agreement defines:
a) the subject of the contract;
b) the period for conducting the state examination and the procedure for its extension within the limits established by the Town Planning Code of the Russian Federation and these Regulations;
c) the amount of the fee for conducting the state examination;
d) the procedure, permissible limits and deadlines for making changes to the design documentation and (or) the results of engineering surveys in the process of conducting state examination;
e) the procedure and terms for returning to the applicant documents accepted for the state examination;
f) the terms of the contract, the violation of which is considered a significant violation, giving the parties the right to raise the issue of its early termination;
g) responsibility of the parties for non-fulfillment and (or) improper fulfillment of obligations arising from the contract, including for untimely return or acceptance of documents submitted for state examination.
IV. Conducting state examination
27. The subject of the state examination of design documentation is the assessment of its compliance with the requirements of technical regulations, including sanitary-epidemiological, environmental requirements, requirements for state protection of cultural heritage sites, fire, industrial, nuclear, radiation and other safety requirements, as well as the results of engineering surveys. The subject of the state examination of the results of engineering surveys is the assessment of their compliance with the requirements of technical regulations.
Before technical regulations on the organization of the territory, placement, design, construction and operation of buildings, structures, and structures come into force in accordance with the established procedure, a check is carried out for compliance of design documentation and engineering survey results with legal requirements, regulatory technical documents insofar as they do not contradict the Federal Law "On Technical regulation" and the Urban Planning Code of the Russian Federation.
28. The state examination begins after the applicant submits documents confirming payment of the fee for the state examination in accordance with the agreement, and ends with the sending (delivery) of the state examination report to the applicant.
29. The duration of the state examination should not exceed 3 months. A state examination is carried out within no more than 45 days:
a) the results of engineering surveys that are sent for state examination before the design documentation is sent for this examination;
b) design documentation or design documentation and the results of engineering surveys in relation to residential capital construction projects that are not related to unique objects;
c) design documentation or design documentation and the results of engineering surveys in relation to capital construction projects, the construction, reconstruction and (or) major repairs of which will be carried out in special economic zones.
30. The legislation of the constituent entities of the Russian Federation may establish shorter periods for conducting state examination in relation to objects, state examination of design documentation and (or) the results of engineering surveys for which is carried out by executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to them.
31. When conducting a state examination of design documentation, prompt changes to the design documentation may be made in the manner established by the contract.
32. When conducting a state examination, the organization for conducting the state examination has the right to:
a) request from state authorities, local governments and organizations the information and documents necessary to conduct the state examination;
b) involve, on a contractual basis, other state and (or) non-state organizations, as well as specialists, in carrying out the state examination.
33. State authorities, local government bodies and organizations, no later than 10 days from the date of receipt of a written request from an organization for conducting a state examination to provide it with information and (or) documents necessary for conducting a state examination, send this organization the requested information and ( or) documents or notify in writing of the impossibility of submitting them, indicating the reasons.
V. Result of the state examination. Issuance of a state examination report to the applicant
34. The result of the state examination is a conclusion containing conclusions about compliance (positive conclusion) or non-compliance (negative conclusion):
a) design documentation in accordance with the requirements of technical regulations and the results of engineering surveys - if a state examination of the design documentation was carried out;
b) the results of engineering surveys in accordance with the requirements of technical regulations - if a state examination of the results of engineering surveys was carried out;
c) design documentation in accordance with the requirements of technical regulations and the results of engineering surveys, the results of engineering surveys in accordance with the requirements of technical regulations - in the event that a state examination of the design documentation and results of engineering surveys was simultaneously carried out.
35. If deficiencies are identified in the design documentation and (or) results of engineering surveys during the state examination (lack (incompleteness) of information, descriptions, calculations, drawings, diagrams, etc.), which do not allow drawing the conclusions specified in paragraph 34 of these Regulations, the organization conducting the state examination immediately notifies the applicant of the identified deficiencies and, if necessary, sets a deadline for their elimination. If the identified deficiencies cannot be eliminated during the state examination or the applicant has not eliminated them within the prescribed period, the organization conducting the state examination has the right to refuse further examination and raise the issue of early termination of the contract, which will notify the applicant in writing indicating the reasons for the decision.
36. The conclusion of the state examination is signed by the state experts who participated in the examination, and approved by the head of the organization for conducting the state examination or an official authorized by such a head.
37. Requirements for the composition, content and procedure for drawing up the conclusion of the state examination are established by the Federal Agency for Construction and Housing and Communal Services.
38. Project documentation cannot be approved by the developer or customer if there is a negative conclusion from the state examination of the project documentation.
A negative conclusion of a state examination may be challenged by the developer or customer in court.
39. The issuance of a state examination conclusion is carried out in the hands of the applicant or by sending registered letter. A positive conclusion of the state examination is issued in 4 copies.
Design documentation, a copy of the design assignment, the results of engineering surveys and a copy of the assignment for performing engineering surveys must be returned to the applicant within the time frame and in the manner specified in the contract.
40. The organization for conducting state examination maintains a register of issued state examination conclusions, which indicates:
a) identification information about the performers of the work;
b) identification information about the capital construction project, design documentation and (or) the results of engineering surveys in respect of which are submitted for state examination;
c) identification information about the developer and the customer;
d) information about the result of the state examination (negative or positive conclusion);
e) date of issue and details of the conclusion.
41. The information contained in the register of issued state examination reports is open and is provided to any person within 10 days from the date the organization conducting the state examination receives a written request.
The procedure for maintaining the register of issued state examination reports and providing information contained in the register is established by the Federal Agency for Construction and Housing and Communal Services.
42. When conducting a state examination, a state examination case is opened. State examination cases relate to archival documents permanent storage. Their destruction, as well as correction and (or) seizure of documents contained in them are not allowed. The state examination file includes:
a) applications for state examination (primary and repeated);
b) a copy of the agreement;
c) documents containing conclusions made by organizations and (or) specialists involved on a contractual basis in conducting the examination;
d) conclusions of the state examination (primary and repeated);
e) other documents (copies of documents) related to the conduct of the state examination, as determined by the legislation of the Russian Federation and the organization for conducting the state examination.
43. In case of loss of the state examination conclusion, the applicant has the right to receive a duplicate of this conclusion from the organization for conducting the state examination. A duplicate is issued free of charge within 10 days from the date the specified organization receives a written request.
VI. Repeated state examination
44. Design documentation and (or) the results of engineering surveys can be sent again (2 or more times) for state examination after eliminating the deficiencies specified in the negative conclusion of the state examination.
Repeated state examination is carried out in the manner prescribed by these Regulations for conducting the initial state examination.
If the deficiencies that served as the basis for the negative conclusion of the state examination can be eliminated without returning these documents and the applicant does not insist on their return, the organization for conducting the state examination sets a deadline for eliminating such deficiencies. In this case, the documents submitted for state examination are not returned to the applicant. After they have been finalized, the applicant submits to the organization for conducting state examination a part of the design documentation and (or) the results of engineering surveys with the changes made and a certificate describing these changes.
45. When conducting a repeated state examination, the part of the design documentation and (or) the results of engineering surveys in which changes have been made is subject to expert assessment, as well as the compatibility of the changes made with the design documentation and (or) the results of engineering surveys in respect of which a state examination was previously carried out expertise.
If, after the initial (previous repeated) state examination, changes are made to the legislation of the Russian Federation that may affect the results of the state examination, the submitted design documentation and (or) engineering survey results in full may be subject to expert assessment.
VII. State experts
46. ​​The exclusive right to prepare state expert opinions is vested in persons certified in the manner established by the Federal Agency for Construction and Housing and Communal Services as state experts.
47. When conducting a state examination, the state expert is independent and is obliged to be guided only by the requirements of the legislation of the Russian Federation. No one has the right to give binding instructions to the state expert regarding conclusions regarding the compliance or non-compliance of project documentation with the requirements of technical regulations and the results of engineering surveys, compliance or non-compliance of engineering surveys with the requirements of technical regulations.
48. A state expert does not have the right to participate in a state examination if the results of the examination are of property or other personal interest to him, including if he himself or his close relatives (parents, spouse), children).
49. The procedure for certification (re-certification) of state experts should regulate:
a) qualification requirements for state experts in accordance with their areas of activity;
b) the procedure for submitting documents for certification (re-certification), admission to qualification testing, issuance of a state expert certificate, extension of the validity period of the certificate and the grounds for its extension;
c) forms for checking the qualifications of an applicant for obtaining the status of a state expert or state expert (oral examination, testing, interview);
d) cases when certification (re-certification) of state experts can be carried out without checking their qualifications;
e) grounds for refusal of admission to check the qualifications of an applicant for obtaining the status of a state expert;
f) the grounds and procedure for revocation of a state expert’s certificate.
50. Qualification requirements for government experts include:
a) requirements for professional education;
b) requirements for work experience in the relevant field of activity;
c) requirements for knowledge of the legislation of the Russian Federation in the field of urban planning, technical regulation, ensuring the safety of capital construction projects in terms of design, carrying out engineering surveys for the purpose of design, construction and operation of these facilities.
VIII. Fee for state examination
51. The amount of the fee for conducting a state examination of the results of engineering surveys carried out for construction, reconstruction, major repairs of residential capital construction projects (RPIZH) is determined by the formula:
RPizh = BSizh x Ki,
Where:
BSizh - the base cost of the state examination of the results of engineering surveys carried out for construction, reconstruction, major repairs of residential capital construction projects (in rubles);

52. The base cost of the state examination of the results of engineering surveys carried out for the construction, reconstruction, major repairs of residential capital construction projects (BSIZH) is determined by the formula:
BSizh = Aizh + Vizh x Hzh,
Where:
Aizh is the first constant value, equal to 13,000 rubles; Vizh is the second constant value, equal to 5 rubles; Хж - land area measured within the perimeter of a residential capital construction project (in sq. meters).
53. The amount of the fee for conducting a state examination of design documentation for residential capital construction projects (RPpj) is determined by the formula:
RPpj = BSpj x Ki,
Where:
BSPzh - the base cost of the state examination of design documentation for residential capital construction projects (in rubles);
Ki is a coefficient reflecting inflation processes compared to January 1, 2001, which is defined as the product of published Federal service state statistics consumer price indices for each year following 2000 until the year preceding the one in which the amount of the fee for conducting the state examination is determined (inclusive).
54. The basic cost of state examination of design documentation for residential capital construction projects (BCPJ) is determined by the formula:
BSpj = (Apj + Vpj x Xzh + Spj x Yzh) x Kn x Ks,
Where:
Apj is the first constant value equal to 100,000 rubles;
Vpj is the second constant value equal to 35 rubles;
Хж - land area measured within the perimeter of a residential capital construction project (in sq. meters);
Spj is the third constant value, equal to 3.5 rubles;
Yzh - the total area of ​​a residential capital construction project during its new construction or the total area of ​​​​premises subject to reconstruction, major repairs (in sq. meters);
Кн - coefficient taking into account the purpose of the design documentation, equal to 1 if the design documentation is intended for the construction or reconstruction of a capital construction project, and equal to 0.5 if major renovation capital construction project;
Кс - coefficient of complexity of design documentation, equal to:
1.15 - if the land plot is located above mining openings, in zones of seismicity 7 points, karst and landslide phenomena, permafrost, subsidence or swelling soils;
1.2 - if the land plot is located in a seismicity zone of 8 points;
1.3 - if the land plot is located in a seismicity zone of 9 points;
1 - in other cases.
55. The amount of the fee for simultaneously conducting a state examination of design documentation for residential capital construction projects and the results of engineering surveys carried out for the preparation of such design documentation (DP) is determined by the formula:
RPzh = (RPzh + RPzh) x 0.9,
where RPizh and RPpzh are the amounts of fees for conducting state examinations, calculated in accordance with paragraphs 51 and 53 of these Regulations.
56. The amount of the fee for the state examination of design documentation of non-residential capital construction projects and (or) the results of engineering surveys carried out for the preparation of such design documentation (RPnzh) is determined by the formula:
RPnzh = Spd x P x Ki + Sizh x P x Ki,
Where:
Spd - the cost of producing design documentation submitted for state examination, calculated in 2001 prices on the basis of documents in the field of estimated standardization and pricing recommended by the Federal Agency for Construction and Housing and Communal Services (in rubles);
Sizh - the cost of manufacturing engineering survey materials submitted for state examination, calculated in 2001 prices on the basis of documents in the field of estimated standardization and pricing recommended by the Federal Agency for Construction and Housing and Communal Services (in rubles);
P - percentage of the total cost of design and (or) survey work submitted for state examination, according to the appendix;
Ki is a coefficient reflecting inflationary processes compared to January 1, 2001, which is defined as the product of consumer price indices published by the Federal State Statistics Service for each year following 2000 to the year preceding the one in which the amount of the fee for conducting state examination (inclusive).
57. When calculating in accordance with this section the amount of the fee for conducting a state examination, the amount of value added tax is taken into account, unless otherwise established by the legislation of the Russian Federation.
58. For conducting a repeated state examination, a fee is charged in the amount of 30 percent of the fee for conducting the initial state examination.
If documents for a repeated state examination in relation to residential capital construction projects are submitted within 14 days after receiving a negative conclusion, the fee for conducting a repeated state examination is not charged.
IX. The procedure for collecting fees for conducting state examinations
59. State examination of project documentation is carried out at the expense of the applicant.
60. Payment for services for conducting a state examination is made regardless of the result of the state examination.

 


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