Please help me understand the functions of the Customer and the Organization that performs the functions of construction control (Article 53 of the Civil Code of the Russian Federation) (Contractor), under the Contract (44-FZ) with the customer: - what regulatory legal acts regulate the full list of actions and documents that must be carried out in within the framework of construction control, the Contractor? - is the Customer or the Contractor obliged to issue to the Contractor carrying out the construction of the facility technical solutions "for the production of work"? conducts construction control)?

Answer

The powers of the contractor in the framework of construction control are disclosed in the Regulations, approved. .

Construction control carried out by a person involved by the customer includes the implementation of control measures, including:

Checking the completeness and compliance with the established deadlines for the contractor to perform the input control and the reliability of documenting its results;

Verification of the execution by the contractor of control measures to comply with the rules for warehousing and storage of the products used and the reliability of documenting its results;

Together with the contractor, survey of hidden works and intermediate acceptance of erected building structures that affect the safety of the capital construction facility, sections of utility networks.

To issue to the contractor, carrying out the construction of the facility, technical solutions "in the production of work" should be the customer of the work, since these functions are not included in the subject of construction control. Although in the contract between the contractor and the customer, the parties may provide for more expanded powers.

The contractor, by proxy from the customer, can sign acts KS-2 and KS-3 under a contractor's contract (see "").

The rationale for this position is given below in the materials of "Systems Lawyer"

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“The customer has the right to exercise control and supervision over the performance of work that the parties have provided for in. At the same time, he does not have the right to interfere in the operational and economic activities of the contractor (). Both have certain rights and obligations in the course of such control and supervision.

What rights and obligations does the customer have when exercising control and supervision

The relationship between the customer and the contractor under a construction contract is governed by the provisions of two codes: the Civil Code (Civil Code of the Russian Federation) and the Urban Planning Code (GRK RF). At the same time, the Civil Code of the Russian Federation gives the customer certain rights to control and supervise the performance of work, and the Civil Code of the Russian Federation imposes on him specific responsibilities for the so-called construction control.

What control and supervision rights does the Civil Code of the Russian Federation provide to the customer?

The customer has the right to exercise control and supervision over the performance of work under a construction contract, namely for:

• progress and quality of work performed. This means, for example, that the customer has the right to send his representative, who will monitor the performance by the contractor of his obligations under the contract, get acquainted with the parameters of the work;
• observance of terms of performance (schedule) of works. The customer has the right to monitor the deadlines for the performance of work, send written warnings about violation of the deadlines for the implementation of certain stages of work, demand payment of the penalty for delay established in the contract, etc.;
• the quality of the materials provided by the contractor. The customer has the right to control the compliance of the materials provided by the contractor with those indicated in the estimate, to monitor their expiration date, the authenticity of the manufacturer, etc.;
• correct use of these materials by the contractor. In order to exercise this form of control, the customer needs to have the necessary knowledge. The general contractor may have such knowledge. In other cases, the customer, who does not have special knowledge, can monitor, for example, the correct warehousing, storage, and transportation of materials.

The difference is this.

The obligations imposed on the customer by the Town Planning Code of the Russian Federation relate to safety issues both in the construction process and in the use of the constructed facility. In other words, these are requirements that society as a whole is interested in meeting. Therefore, if the customer does not carry out such construction control, he may be held administratively liable in accordance with the Code of Administrative Offenses of the Russian Federation. It provides for significant fines, and in case of repeated violation - even an administrative suspension of activities.*

Cases of such administrative offenses are considered by officials of the executive authorities authorized to exercise state construction supervision (). Such a body is the Federal Service for Environmental, Technological and Nuclear Supervision (). If it is necessary to apply a penalty in the form of an administrative suspension of activities, the case is considered by a judge of the arbitration court (, Code of Administrative Offenses of the Russian Federation).

In order to challenge the decision to bring to administrative responsibility, it is necessary to prove that in fact the customer properly carried out construction control. For this, it is worth using, for example, correspondence with the contractor, as well as the corresponding entries in the work log.

Case study: the court invalidated the decision of the building supervision authority, since the customer proved the fact that construction control was carried out

The customer filed a lawsuit with the Arbitration Court against the Main Department of State Construction Supervision of the Moscow Region to declare it illegal and cancel the decision in the case of an administrative offense under Article 9.4 of the Code of Administrative Offenses of the Russian Federation.

According to the Glavgosstroynadzor of the Moscow Region, the customer did not exercise control over the performance of the work, namely: the installation of metal structures was carried out without quality certificates, the base of the football field was made with sand that did not meet the requirements of GOST, there was no protocol for checking the compaction coefficient of the base, results on the strength of reinforced concrete there are no grandstand decks, the requirements of Article 53 of the Town Planning Code of the Russian Federation (a rule establishing the obligation to monitor the performance of work) have been violated.

The court considered the arguments of the Glavgosstroynadzor of the Moscow Region unfounded and satisfied the customer’s claim, stating the following: “The customer exercises systematic control over the construction of the stadium, confirmation of this is the correspondence with the contractor and entries in the work log section 5 “Remarks of regulatory authorities and services” made by the legal representative of the customer (head technical supervision group). The court also took into account the fact that the customer carried out inspections of the execution of the general contract for the construction of the stadium and, having discovered significant violations, took all possible measures to suspend its construction. In addition, the court took into account that after the measures taken, the customer applied orally with the provision of all compromising documents to the head of the territorial department of the Glavgosstroynadzor of the Moscow Region with a request to take tougher measures against the contractor (, left unchanged).

In turn, the rights granted by the Civil Code of the Russian Federation relate to the commercial interests of the customer himself (they allow him to ensure that the terms and cost of construction are not violated).

Unlike control, construction supervision is, first of all, control over the compliance of the cost of construction (reconstruction, expansion, technical re-equipment of enterprises or facilities) with duly approved projects and estimates (approved). If the customer does not use his rights, which Article 748 of the Civil Code of the Russian Federation gives him, he will have other negative consequences provided for by the Civil Code of the Russian Federation.

The customer, who discovers, during the exercise of control and supervision over the performance of work, deviations from the terms of the construction contract, which may worsen the quality of work, or their other shortcomings, is obliged to immediately report this to the contractor (). Moreover, we are talking about the obligation of the customer to declare them at any stage of the work, including acceptance. If he does not do this, he will lose the right to refer to the shortcomings he has discovered in the future.

Example from practice: the court refused the customer in a claim against the contractor due to the fact that the customer, when exercising control both during the work and during their acceptance, did not state his comments

The contractor and the customer entered into a contract, under the terms of which the contractor undertook to perform the work on the pile foundation with his equipment.

In fulfillment of the obligations assumed, the contractor completed the work on driving piles into the ground and handed over the result of the work to the customer in accordance with the acts of acceptance of the work performed, and the customer signed these documents and paid for the work performed.

The customer accepted the contract work and signed the acts of acceptance of the work performed without comment. Subsequently, he filed a lawsuit for the recovery of unjust enrichment resulting from an overpayment under a work contract.

As the court established, “the customer, who, by virtue of Article 748 of the Civil Code of the Russian Federation, has the right to exercise control and supervision over the progress and quality of the work performed, did not declare in the course of the work that the contractor did not comply with the depth of immersion of piles, therefore, taking into account the provisions of paragraph 2 of the mentioned rule of law, the customer lost the right to refer to the shortcomings discovered by him later. The court also took into account the fact that the customer did not provide evidence that, when accepting the work performed, he was deprived of the opportunity to study the work log containing information on the volume of work carried out by the contractor.

Thus, the court concluded that the customer did not provide evidence of the defendant's performance of works under the work contract with defects ().

However, some courts point out that the control and supervision of the customer over the performance of contract work is the right, and not the obligation of the customer. And this does not mean construction control, the obligation to implement which is established by the Civil Code of the Russian Federation, but control and supervision established by the Civil Code of the Russian Federation. Based on this, in disputes about the quality of work performed, they do not take into account the arguments of the contractor that the customer did not report shortcomings in the course of monitoring and supervising the performance of work.

Example from practice: the court did not take into account the fact that the customer did not find any shortcomings in the implementation of control and supervision over the performance of contract work, and satisfied the contractor's claim for the recovery of debt under the contract only partially

The contractor filed a lawsuit against the customer for the recovery of debt for the services provided under work contracts for the performance of certain types and complexes of works for the construction of a multi-storey residential building.

The customer in the court of first instance raised objections regarding the quality of the contract work performed by the plaintiff, to substantiate the objections he asked to appoint a forensic construction expertise. An expert appointed by the court came to the conclusion that the contractor violated the requirements of technical norms and rules in the course of construction work and that these shortcomings can be eliminated.

Taking into account the fact that the works were performed with shortcomings, the court granted the contractor's claim in part. At the same time, the court pointed out: the contractor’s argument “that the defendant is not entitled to refer to obvious shortcomings in the work performed by virtue of paragraph 2 of Article 748 of the Civil Code of the Russian Federation, since he should have discovered these shortcomings in the exercise of control and supervision over the performance of contract work, cannot be taken into account. In accordance with paragraph 1 of Article 748 of the Civil Code of the Russian Federation, control and supervision of the customer over the performance of contract work is the right, and not the obligation of the customer ”().

The argument indicated in the last example should be used by the customer if he discovered shortcomings as a result of the work not during the implementation of control and supervision, but at the end of their implementation, for example. Then the contractor's argument that the customer should have discovered the shortcomings in the course of control and supervision becomes unlawful, since it is impossible to force the customer to carry out such control.

If the customer carried out specific measures to control the work (for example, checking the depth of piling) and did not reveal any shortcomings, and even more so subsequently signed the acceptance certificates for the work, then the contractor will be able to use the argument that the customer during the control did not declare shortcomings (for example, in checking the depth of piling, which took place on such and such a date with the preparation of such and such an act of verification) and, accordingly, cannot refer to them by virtue of Article 748 of the Civil Code of the Russian Federation.

What can the customer do as part of monitoring the performance of work under a construction contract

1. Control over the progress and quality of work performed means, for example, that the customer has the right to send his representative, who will monitor the performance by the contractor of his obligations under the contract, get acquainted with the parameters of the work, make audio recording, video and photography of the object, its part , equipment, materials, documents. The customer has the right to make comments, ask questions to the contractor about the pace of work, about the degree of compliance of the already completed part of the work with the project.

2. Monitoring compliance with the deadlines (schedule) of work means, for example, that the customer has the right to monitor the deadlines for the completion of work, send written warnings about violations of the deadlines for the implementation of certain stages of work, demand payment of the penalty established in the contract for delay.

3. Quality control of the materials provided by the contractor means that the customer has the right to control the compliance of the materials provided by the contractor with those indicated in the estimate, monitor their expiration date, the authenticity of the manufacturer, etc.

4. Control over the correct use of materials by the contractor implies that the customer has the necessary knowledge. The general contractor may have such knowledge. In other cases, the customer, who does not have special knowledge, can monitor, for example, the correct storage, storage, transportation of materials, as well as that only qualified contractor personnel who have professional knowledge to properly use the material work with the material. To do this, the customer has the right to require the contractor to confirm the qualifications of the relevant personnel (diplomas, certificates, course completion certificates, etc.).

The listed powers of the customer are disclosed in more detail in the Regulations on construction control during the construction, reconstruction and overhaul of capital construction facilities, approved. This document is a by-law binding on the parties to a construction contract in accordance with Article 53 of the Civil Code of the Russian Federation. According to this document, in order to control the actions of the contractor, the customer has the right to carry out the following activities:

a) check the completeness and compliance with the established deadlines for the contractor to perform the input control and the reliability of documenting its results. Input control is understood as checking the quality of building materials, products, structures and equipment supplied for construction;

b) check the execution by the contractor of control measures to comply with the rules for warehousing and storage of the products used and the reliability of documenting its results;

c) check the completeness and compliance with the established deadlines for the contractor to control the sequence and composition of technological operations for the construction of capital construction facilities and the reliability of documenting its results;

d) inspect, together with the contractor, hidden works and carry out intermediate acceptance of erected building structures that affect the safety of the capital construction facility, sections of utility networks;

e) check, together with the contractor, the compliance of the completed facility with the requirements of the design documentation and the working documentation prepared on its basis, the results of engineering surveys, the requirements of the urban development plan of the land plot, the requirements of technical regulations;

f) carry out other activities for the purpose of exercising construction control, provided for by the legislation of the Russian Federation and (or) the concluded agreement. *

What can be required from the contractor as part of the control and supervision of the performance of work

The contractor is obliged to fulfill the instructions of the customer received during construction, if such instructions do not contradict the terms of the construction contract and do not constitute interference in the contractor's operational and economic activities. This rule is established in Article 748 of the Civil Code of the Russian Federation. However, if such instructions are a deviation from the terms of the contract and the customer is aware of this, the contractor who performed the work according to such instructions is released from liability for poor-quality work performed.

Example from practice: the court refused to satisfy the customer's claim against the contractor on the grounds that the disputed works were agreed upon by the customer and did not contradict the terms of the contract

The customer filed a claim against the contractor for the recovery of losses incurred in connection with the improper fulfillment of obligations under contracts for the construction of the railway line.

The main claim of the customer was a poorly assembled track grating made from old-fashioned rails.

In addition to the features of a construction contract described above, the general rules on a construction contract also apply. In particular, on the limits of the customer's interference in the contractor's operational and economic activities, see ".

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2. RESOLUTION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION dated

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"Regulations on the conduct of construction control in the implementation of construction, reconstruction and overhaul of capital construction projects

1. This Regulation establishes the procedure for conducting construction control in the course of construction, reconstruction and overhaul (hereinafter referred to as construction) of capital construction facilities, regardless of the sources of their financing, as well as the procedure for determining the amount of costs for construction control and the number of employees performing construction control, according to objects financed in whole or in part with the involvement of federal budget funds.

2. The subject of construction control is to check the performance of work during the construction of capital construction facilities for compliance with the requirements of the design and working documentation prepared on its basis, the results of engineering surveys, the requirements of the urban planning plan of the land plot, the requirements of technical regulations in order to ensure the safety of buildings and structures.

3. Construction control is carried out:

the developer, the customer or the organization that prepares the project documentation and is engaged by the customer (developer) under the contract to carry out construction control (in terms of checking the compliance of the work performed with the project documentation) (hereinafter referred to as the customer).

4. The functions of construction control are entitled to be carried out by the employees of the contractor and the customer, who, in accordance with the established procedure, are entrusted with the obligation to exercise such control.

5. Construction control carried out by the contractor includes the following control measures:

a) checking the quality of building materials, products, structures and equipment supplied for the construction of a capital construction facility (hereinafter, respectively - products, input control);

b) verification of compliance with the established norms and rules for warehousing and storage of the products used;

c) verification of compliance with the sequence and composition of technological operations during the construction of a capital construction facility;

d) together with the customer, survey of works hidden by subsequent works (hereinafter referred to as hidden works), and intermediate acceptance of erected building structures that affect the safety of the capital construction facility, sections of utility networks;

e) acceptance of completed types (stages) of work;

f) verification, together with the customer, of the compliance of the completed construction facility with the requirements of the design documentation and the working documentation prepared on its basis, the results of engineering surveys, the requirements of the town-planning plan of the land plot, technical regulations.

6. Construction control carried out by the customer includes the following control measures:

a) checking the completeness and compliance with the established deadlines for the contractor to perform the input control and the reliability of documenting its results;

b) verification of the performance by the contractor of control measures to comply with the rules for warehousing and storage of the products used and the reliability of documenting its results;

c) checking the completeness and compliance with the established deadlines for the contractor to control the sequence and composition of technological operations for the construction of capital construction facilities and the reliability of documenting its results;

d) together with the contractor, survey of concealed works and intermediate acceptance of erected building structures that affect the safety of the capital construction facility, sections of utility networks;

e) verification, together with the contractor, of the compliance of the completed construction of the facility with the requirements of the design and working documentation prepared on its basis, the results of engineering surveys, the requirements of the urban planning plan of the land plot, the requirements of technical regulations;

f) other measures for the purpose of exercising construction control, provided for by the legislation of the Russian Federation and (or) the concluded agreement*”.

Professional help system for lawyers, where you will find the answer to any, even the most complex question.

1. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction facilities in order to verify the compliance of the work performed with the design documentation (including decisions and measures aimed at ensuring compliance with energy efficiency requirements and the requirements for equipping the capital construction facility with metering devices for used energy resources ), the requirements of technical regulations, the results of engineering surveys, the requirements for the construction, reconstruction of a capital construction facility, established on the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit, as well as the permitted use of the land plot and restrictions established in accordance with the land and other the legislation of the Russian Federation.

2. Construction control is carried out by the person carrying out the construction. In the case of construction, reconstruction, major repairs on the basis of a construction contract, construction control is also carried out by the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator or an individual entrepreneur or legal entity engaged by them on the basis of a contract. The developer or technical customer, on his own initiative, may involve the person who prepares the design documentation to verify the compliance of the work performed with the design documentation.

(see text in previous edition)

2.1. With regard to certain capital construction projects, the construction, the reconstruction of which is planned to be carried out in full or in part at the expense of the federal budget, the Government of the Russian Federation, in the cases established by it, decides on the conduct of construction control by the federal executive body that performs the functions of developing and implementing state policy and regulatory - legal regulation in the field of construction, architecture, urban planning, or a state (budgetary or autonomous) institution subordinate to the specified body.

3. The person carrying out the construction is obliged to notify the state construction supervision authorities of each case of emergency situations at the capital construction facility.

4. In the process of construction, reconstruction, overhaul of a capital construction facility by a person carrying out construction (the person carrying out the construction and the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator in the event of construction, reconstruction, overhaul on the basis of a construction contract), control must be carried out over the performance of work that affects the safety of the capital construction facility and in accordance with the technology of construction, reconstruction, overhaul, control over the performance of which cannot be carried out after the completion of other works, as well as over safety building structures and sections of engineering networks, if the elimination of deficiencies identified in the process of construction control is impossible without dismantling or damaging other building structures and sections of engineering networks technical support, for the compliance of the specified works, structures and sections of networks with the requirements of technical regulations and project documentation. Prior to the control over the safety of building structures, control over the performance of all work that affects the safety of such structures and in accordance with the technology of construction, reconstruction, overhaul, control over the implementation of which cannot be carried out after the completion of other work, as well as in cases provided by the design documentation, the requirements of technical regulations, such structures should be tested. Based on the results of monitoring the performance of the specified works, the safety of the specified structures, sections of engineering and technical support networks, certificates of examination of the specified works, structures, sections of engineering and technical support networks are drawn up.

(see text in previous edition)

5. If, based on the results of the control, deficiencies in the works, structures, sections of engineering and technical support networks specified in Part 4 of this Article are revealed, the developer or technical customer may require control over the performance of these works, the safety of these structures, sections of engineering and technical support networks again after elimination of identified deficiencies. Certificates of examination of such works, structures, sections of engineering and technical support networks should be drawn up only after the identified deficiencies have been eliminated.

(see text in previous edition)

6. In cases where the performance of other works specified in paragraph 4 of this article must be started more than six months from the date of completion of the relevant control, control over the performance of work that affects the safety of the capital construction facility and in accordance with the construction technology, reconstruction, overhaul, control over the implementation of which cannot be carried out after the completion of other works, as well as the safety of building structures and sections of engineering and technical support networks, if the elimination of deficiencies identified in the process of construction control is impossible without dismantling or damaging other building structures and sections networks of engineering and technical support, must be carried out again with the preparation of relevant acts.

7. Comments of the developer, the technical customer, the person responsible for the operation of the building, structure, or the regional operator, involved by them to carry out construction control of the persons involved in the preparation of project documentation, about the shortcomings in the performance of work during the construction, reconstruction, overhaul of the capital construction object should be made in writing. An act is drawn up on the elimination of these shortcomings, which is signed by the person who made comments about the indicated shortcomings, and the person carrying out the construction.

(see text in previous edition)

7.1. After completion of construction, reconstruction of the capital construction object, an act is signed confirming the compliance of the parameters of the accordingly constructed, reconstructed capital construction object with the requirements of project documentation (including decisions and measures aimed at ensuring compliance with energy efficiency requirements and the requirements for equipping the capital construction object with metering devices for used energy resources ), a person carrying out construction (a person carrying out construction and a developer or technical customer in the case of construction, reconstruction on the basis of a building contract, as well as a person exercising construction control in the case of exercising construction control on the basis of a contract), except for cases implementation of construction, reconstruction of objects of individual housing construction, garden houses.

(see text in previous edition)

Work on the implementation of building control is carried out on the basis of Art. 53 of the Town Planning Code, which describes all the rules for carrying out this set of works.

When is a building inspection required?

The legislative acts establish that such expert measures as construction control of construction objects must be carried out when one of the following events occurs regarding a capital construction object:

• Construction of a new facility.
• Repair and reconstruction of an existing building.
• Capital repairs of a building, structure or their component parts.

These items do not apply to small-scale construction projects, and construction control for them is not regulated by law.

Who should carry out control work?

The customer is the initiator of construction control and measures to analyze the construction process. It is in his interests to control how the contractor complies with all standards, technical documentation, estimates and rules for the work. The customer also determines which expert group to connect to this process. In some cases, the customer can control these works himself, but this takes a lot of time.

In addition, you need special expertise in many areas. Therefore, it is much easier to attract specialists from outside who not only understand this issue, but also have the relevant documents to confirm their competence.

The specialist, being hired by the customer, has the following powers, in accordance with the Civil Code:

• Monitor and control the progress of construction work, filling out construction documentation, reporting to the customer.
• Resolve any issues with contractors regarding the conduct of construction work, and make decisions on them on behalf of and on behalf of the customer.

Any legal entity or a private entrepreneur who has a certificate for expert work in the construction field can act as a specialist. Certificates are issued by self-regulating organizations.

Purposes of construction control

In general terms, the purpose of construction control is to provide the customer with complete information about how the construction process is going on, whether schedules, estimates and technical documentation are being followed. But in a broader sense, construction control sets itself several tasks at once:

• Monitoring the quality of construction work, and their efficiency.
• Ensuring that only approved building materials are used in construction.
• Keeping track of construction costs, making sure that the estimate that was originally drawn up is not exceeded by the contractor arbitrarily.

Monitoring the quality of construction and its compliance with regulations and standards.

Each of these areas requires not only careful control, but also constant monitoring, which the customer cannot independently carry out. This will also protect the customer, since the contractor will not be able to deceive the expert either on the cost of the work or on the timing of their implementation.

The specialist primarily protects the interests of the customer, as well as his money. This is the work that is needed by the customers themselves, who are interested in ensuring that the construction is carried out properly and completed on time.

What problems can construction control solve?

Conducting construction control during construction will provide an opportunity to solve a number of issues and problems that may arise with the customer. Few of the people who hire contractors realize what methods and methods exist in the construction business for inflating prices, for inappropriate savings, and for other ways in which a customer can be deceived.

If you know all the subtleties of this area, you can avoid many problems, and achieve exceptional quality of construction work. Experts in the construction field will help you with this. They will help solve such pressing problems:

• If the contractors allowed uneven settlement of the building. If everything is left as it is, then in the future cracks, deformations and collapses may appear, which can cause injuries to people inside. This happens when building norms and rules are violated, and this should not be allowed, the problem must be fixed at the very beginning.
• Overpriced for work. Contractors often include in the price their additional economic interest, which goes beyond the profit margin. Sometimes, the price can be artificially inflated by almost 50%. An expert can immediately determine this, and can suggest where it is worth putting pressure on the contractor to lower the price.
• When documentation on technical issues is maintained by workers incorrectly. In this situation, they will have the opportunity to hide their flaws, technology simplifications and other violations, which can then lead to serious consequences. All documentation has its own regulations, and the expert will ensure that it is not violated at any stage of construction.
• Violations of the characteristics of the strength of the building structure. Due to improper masonry or other elements, collapses may occur.
• Violations of environmental regulations. Moreover, two points are meant here. The first is the environmental friendliness and safety of building materials that are used in construction. There are many cheap materials that are toxic and cannot be used for capital construction. Also, here we mean the moment of influence on the environment, and the negative impact on nature from the construction site.
• Deadline delay. In order to get more money for working days, contractors can disrupt the deadlines for the completion of the project, and thereby they will underestimate its profitability. Experts strictly monitor how the work is done and are responsible for this moment.

Objects for which it is necessary to carry out construction control

To fully understand the activities of an expert, first you need to understand in what area he works, and why. In fact, there is a list of objects for which construction control is simply mandatory. These include the following groups of buildings:

• Industrial buildings that can be used and designed for any industry.
• Objects of cultural heritage that are on a special municipal record, and at the same time are subject to reconstruction or major repairs.
• Shopping and entertainment centers, regardless of their orientation and location, as they belong to the buildings of mass visits.
• Office buildings that house many offices of various companies.
• Hotels and other accommodation facilities (both urban and suburban).
• Buildings belonging to the housing stock (for example, apartment buildings).

We can say that construction control is a procedure that focuses mainly on ensuring the quality of construction, and it covers all those areas and areas of construction that have large budgets. This is important, because with a large budget, contractors are more tempted to raise prices or extend the deadline for the completion of an object, which will lead to a decrease in the economic effect for the customer.

However, the objects listed above are not the only ones for which construction control can be carried out. The customer can decide for himself that he needs him for any other type of construction, even if supervision is not required by law.

And the above buildings are subject to control necessarily. Moreover, the control process and all documentation on it are strictly regulated by law, so here the customer simply has no choice but to hire an expert.

For each group of buildings, you can find both a separate expert who specializes, say, exclusively in hotels, and a universal expert. All sectors of the construction industry are subject to the same regulations, with slight variations, so a good expert will understand all the areas you might need.

How is control carried out?

The procedure for conducting construction control is strictly regulated by the norms of the law, since, first of all, this is an expert activity that must fit into certain regulatory frameworks. You can find the regulations that regulate the activities of an expert both on his website and in other sources.

The most important document, which is a reference book for an expert, is the regulation on building control, which was approved by the government of the Russian Federation. This document regulates the conduct of expert work, as well as many other subtleties and nuances that arise in the course of work.

It is important for the customer and himself to familiarize himself with the contents of this document. In the same way that an expert controls a contractor's actions, a customer can control an expert's actions. You can make sure that no document required for the further delivery of the object will be missed by the expert, and that he will control each area of ​​work.

In addition, familiarization with the rules of the expert's work will remove from you a number of questions that usually arise from the customer's misunderstanding of what this or that procedure is done for. This often comes from a desire to save money. But believe me, you can’t save on expert activities, especially if the object needs to be handed over to the state commission.

Who is in control?

So, you need to figure out what construction control means, who exercises it and who is responsible for it. you must understand that, first of all, this is precisely an expert activity, and most often it requires the presence of an entire expert team, in which everyone will perform their function and deal with their specific issues.

In order to ensure that expert supervision work is carried out in full and in accordance with all the rules, it is necessary to invite a commission of several multidirectional specialists. The composition of such a working group is determined individually for each object, as well as its size. However, there are some general recommendations that are recommended to be followed no matter what object is being built or repaired. At the request of the customer, this list can be supplemented by other specialists whom he deems necessary.

In general, without taking into account the specifics of the project, the composition of the working expert group for supervision of construction works looks like this:

• General construction engineer. This is an expert who understands building materials, construction work, work regulations and documentation. He exercises general control and verification of construction in all areas, even those covered by other experts. Often he is the head of the expert group.
• Electrical engineer. This is a specialist who understands the design and installation of electrical networks in buildings. He checks how good the materials are used, how the layout of the electrical network corresponds to the plan, and so on.
• A plumbing engineer usually supervises the plumbing and plumbing installation. He is responsible for ensuring that all work is carried out as accurately as possible and in accordance with the construction or repair plan.
• The ventilation engineer controls how ventilation is installed, how it is repaired, and how it is consistent with the project documentation. It also checks what materials are used by the contractor, what quality they are, etc.
• Economics Specialist. His task is to check the estimate that the contractor provided, to make sure that it is drawn up correctly, that there is no room for contingencies in it. The expert also makes sure that the cost of the work was not overstated on purpose in order to get more money from the client. During the implementation of the project, the specialist controls the costs and draws up their schedule, which must coincide with the planned one.
• The design engineer is mainly concerned with the control of design documentation and the correspondence between it and the work carried out on the project.

What are the experts doing?

In order to answer the customer on all points, the experts necessarily check whether any defects or violations have been made that are not consistent with the design documents or with regulations.

They carry out checks with a frequency, which is set individually for each project, according to the standards. If the customer wants inspections to be carried out more often, he can schedule them as often as he wants, but no less than the rules require. Experts keep special logs and create reports based on them, which they provide to the customer, and which reflect all violations, data on their elimination and other important information.

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The Decree of the Federal Antimonopoly Service of the Volga District in case N A55-31805 considered the legality of punishment in the form of an administrative suspension of the developer's activities for the construction of an object for a period of 60 days for violations committed during the construction of an extension to the building of a shopping and entertainment center (part 2 of article 9.4 of the Code of Administrative Offenses of the Russian Federation) . The court noted that the company, as the owner of the land plot on which construction is being carried out, is a developer and the subject of an alleged administrative offense, and that the company did not take measures depending on it to properly exercise construction control.

Thus, it is possible to separate the construction control of the customer, which is expressed in the control over the performance by the contractor of work under the construction contract, and the construction control of the contractor, which consists in checking certain actions of the customer (for example, checking the submitted design and working documentation for the presence of all necessary approvals and approvals).

Let us now touch upon the question of whether the customer is obliged to have a certificate of admission to work that affects the safety of capital construction facilities (hereinafter referred to as the SRO permit).

If we proceed only from the wording of the regulatory framework, then the customer does not need to obtain a certificate of approval from the SRO.

The Town Planning Code does not contain any mention of this issue.

However, clause 32 of the List of types of work on engineering surveys, on the preparation of project documentation, on construction, reconstruction, overhaul of capital construction projects that affect the safety of capital construction facilities (approved by Order of the Ministry of Regional Development of the Russian Federation N 624), is formulated as follows: on the implementation of construction control by a contracted developer or customer on the basis of an agreement by a legal entity or an individual entrepreneur. At the same time, this List contains clause 34 “Works on the implementation of construction control by the developer or by the developer or customer involved on the basis of an agreement by a legal entity or an individual entrepreneur during the construction, reconstruction and overhaul of nuclear facilities (types of work N 23.7, 24.32, group of types of work N 21), which expressly states that construction control is carried out by the customer (developer).

Thus, based on this List, the customer is not required to obtain a permit from the SRO to carry out construction control (unless it is carried out during the construction of nuclear facilities).

Moreover, a similar opinion was expressed in the letter of the Ministry of Regional Development of Russia N 40915-IP / 08, which states that a certificate of admission is required only for a person involved by the developer or customer to carry out construction control on the basis of an agreement. Here it is necessary to make a reservation that there is also a letter from the Ministry of Regional Development of the Russian Federation N 17906-iP / 08, which indicates the need for the developer to obtain an SRO permit. However, this letter was published before the entry into force of the above List.

Let's analyze the jurisprudence.

In case N A60-7214, the Department of State Construction Supervision of the Sverdlovsk Region applied to the Arbitration Court of the Sverdlovsk Region with a request to attract the Ural Institute of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, which is the customer of the construction , to administrative responsibility for hours. 1 Article. 9.5.1 of the Code of Administrative Offenses of the Russian Federation for performing construction control work without a SRO certificate of admission to such work.

The courts of first and appeal instances held that the Department of State Construction Supervision was held accountable as lawful. At the same time, the courts did not take into account the institute's reference to an expansive interpretation of clause 32 of the List. The Court of Appeal, based on the Regulations and SP 48.13330, indicated that developers carrying out construction control work must obtain a certificate of admission issued by a self-regulatory organization. If construction control is carried out not by the developer or customer, but by an involved organization, then the involved organization must have the appropriate certificate of admission.

As a result, the institute was fined. The legality of the issued judicial acts was confirmed by the highest court (Determination of the Supreme Arbitration Court of the Russian Federation N VAC-14190).

A similar conclusion is contained in the Resolution of the Seventeenth Arbitration Court of Appeal N 17AP-5069-AKu in case N A60-3434. In the framework of this case, the Office of State Construction Supervision applied to the arbitration court with a statement on bringing to administrative responsibility the FKU “United Directorate of the Single Customer of the Federal Tax Service” under Part 1 of Art. 9.5.1 of the Code of Administrative Offenses of the Russian Federation for the implementation of construction control without the approval of the SRO. By the decision of the court of first instance, the FKU "United Directorate of the Single Customer of the Federal Tax Service" was brought to administrative responsibility.

The Court of Appeal, having analyzed the norms of the current legislation (GRK RF, List, SP 48.13330), noted that the person exercising construction control must have special knowledge, the availability of which and the possibility of implementing it when exercising construction control is confirmed by a certificate of admission to this type of work issued by a self-regulatory organization.

The absence in the List of the type of work for the implementation of construction control directly by the developer does not mean that customers or developers do not have the right to independently carry out construction control, but also does not give reason to believe that a certificate of admission is not required to conduct construction control on the customer's own.

At the same time, the court notes that the List establishes the types of work that affect the safety of capital construction objects, and also separately establishes the types of capital construction objects, the performance of work on which requires obtaining a certificate of admission, distinctions by subject composition for obtaining certificates of admission to the types of work specified Does not have a list.

As in the first case, the consideration of this case also reached the Supreme Arbitration Court, which again agreed with the opinion of the lower instances (Determination No. VAC-10699).

A similar opinion is contained in the Decree of the FAS of the Moscow District in case N A40-142460 / 10-141-1178. The court concluded that, according to paragraph 3 of Art. 52 of the Civil Code of the Russian Federation, the customer (developer), independently carrying out construction, is obliged to comply with the requirements specified in paragraph 2 of the same article, by virtue of which the types of work on construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities, should be carried out only by individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization.

Thus, a situation has arisen in which the legislation does not clearly indicate the need for the customer (developer) to have or not have an SRO permit during construction control, and the judiciary in this case interprets the provisions of the legislation broadly. This, in turn, leads to the involvement of customers (developers) who carry out construction control without the approval of the SRO, to administrative responsibility under Art. 9.5.1 of the Code of Administrative Offenses, which provides for a fine in the amount of 40,000 - 50,000 rubles.

Therefore, in order to avoid possible administrative liability, the customer (developer) should obtain permission from the SRO to conduct construction control.