Obtaining permission to commission. Commissioning of objects

01.02.2024

The commissioning of a reconstructed or constructed capital construction facility is carried out in accordance with the permit. This document indicates the completion of work in full and certifies the compliance of the finished structure with the urban planning plan and design documentation. Let us consider further how to obtain permission to commission. A sample paper will also be described in the article.

General procedure

How to obtain permission to put into operation an apartment building? Who issues the paper? What documents are needed? To obtain the paper, the developer should contact the authorized body that issued the construction permit - Gosstroynadzor. You need to write an application to this authority. It must be accompanied by:


Within ten days from the date of receipt of the application and the above papers, Gosstroynadzor makes a decision. After checking the received documents, the applicant receives permission to put into operation after reconstruction or completion of construction.

Reasons for refusal

The authorized body may not satisfy the application. Let's consider the main cases when a developer may not receive permission to commission a residential building:

  1. Lack of required papers that must be attached to the application.
  2. Non-compliance of the structure with the requirements established in the urban planning plan of the land plot; in the case of reconstruction or major repairs - to the planning and boundary design of the allocated territory.
  3. Inconsistency of the object with a building permit.
  4. Inconsistency of construction parameters with design documentation. This provision does not apply to individual housing construction objects.

It should be noted that untimely receipt of documents cannot serve as a basis on which permission may be denied.

Additional reasons

The developer may not receive permission to put the facility into operation if the requirements established in Art. 51, part 18 of the Town Planning Code. The law provides for a number of mandatory conditions, in particular: the applicant must transfer free of charge to the executive federal, subject, local government or other authorized body that exercises state control over the use of atomic energy, as well as supervision of activities related to the development, manufacture, disposal of nuclear installations and weapons, certain information. In particular, this is data on:

  • Area, number of floors and height of the planned structure.
  • Engineering and technical networks.

In addition, in order to obtain permission to put the facility into operation, you must provide copies of:


The permit to put a residential building into operation includes information presented in such a volume that it is sufficient to register the structure with the cadastral register. The composition of such data must comply with the requirements of Federal Law No. 221 for the text and graphic parts of the technical plan. The commissioning permit serves as the basis for entering the necessary information into the state register. The form of the form is approved by the executive federal body authorized by the Government.

Transfer of documentation

After completion of construction work, the person who carried it out is obliged to provide the customer with the following documents:


Important point

In the case of carrying out work related to the preservation of structures related to cultural heritage, the commissioning permit is drawn up in accordance with the features established in domestic legislation for such buildings.

Final stage

And within three days from the date on which permission for commissioning was received, the body that granted it must send a copy of the document to the executive (federal) authority authorized to conduct state construction supervision. This regulation applies to the structures listed in clause 5.1, art. 6 of the Town Planning Code. If the paper is issued for the commissioning of other capital construction projects, then a copy of it is sent to the executive body of the constituent entity of the Russian Federation authorized to carry out state construction supervision.

Finally

Upon completion of the work, the contractor sends a notification letter to the customer. To confirm the completion of construction or reconstruction, copies of permits, an act listing the work performed, and a list of responsible persons are attached to the notice. The package of documents includes data on third-party organizations involved in drawing up projects, laying utility lines, and performing highly specialized operations.

In addition, detailed diagrams and drawings containing comments and notes are attached. Technical documentation is an integral part of the package of papers. It describes all the materials used. Before applying for an occupancy permit, the facility must undergo a preliminary inspection. The costs of carrying it out are borne by the customer. The inspection is carried out by a specially created working group. It includes an authorized representative from the customer, representatives of supervisory authorities, operational services, and specialists from the design organization. The working commission checks the correctness of the documentation, assesses the compliance of the structure and structural elements with the design requirements, and also carries out a trial run of the installed equipment and utilities. The group's findings are recorded in an appropriate written report. It determines the readiness of the structure for commissioning.





Completed construction of separate buildings and structures included in the facility under construction, built-in and attached premises for production and auxiliary purposes, civil defense structures (premises), if necessary, to put them into operation during the construction process, are accepted by the customer (developer) with the involvement of organizations operating engineering -technical networks and government supervision and control bodies. Acts of intermediate acceptance into operation are presented by the customer (developer) when receiving permission to put the facility into operation as a whole.






Permission to put an object into operation is the basis for including the object in statistical reporting.

Permission to put the facility into operation

State registration of property rights is carried out on the basis of permission to put the facility into operation.



Permission to commission capital construction projects (any buildings, houses). Preparation of necessary documents

The procedure for commissioning a capital construction project is reflected in legislative acts and the Town Planning Code of the Russian Federation. This is a multi-stage, rather complex process that requires careful preparation and proper documentation.

The developer should familiarize himself with all the nuances of the procedure before the start of construction work, so that there are no problems or misunderstandings later.

The procedure for putting a construction project into operation

Upon completion of construction work, a procedure called putting the facility into operation is performed. It includes several stages:

    Acceptance of the object by the customer,

    Building inspection,

    Obtaining AIA,

    Obtaining permission to operate the building,

    Technical inventory,

    Registration of property rights.

At the first stage, the customer accepts the constructed facility from the developer. This procedure is formalized by an act drawn up in the prescribed form KS-11. The document is signed by both parties.

An obligatory step is a thorough inspection of the quality of operation of all communication systems. Before this procedure, the developer performs test runs to ensure their functionality. For the final inspection, certain periods of operation of systems and equipment under load are provided, specified in the technical documentation. Electrical and thermal communications must function within 24 hours; comprehensive testing is carried out for three days.

An important document is a conclusion testifying to the compliance of the constructed facility with all technical standards, regulations, and design documents. It is impossible to obtain permission to commission without an AIA. In most cases, this document is issued by the executive authority that is authorized to carry out these procedures. But if the object is unique, complex, dangerous, the conclusion must be issued by federal authorities.

The main document that allows you to register an object and formalize ownership of a house is a permission to operate the building. It is issued by authorized bodies on the basis of an application and documents attached to it.

According to the law, each property must be registered in the state cadastral register. After this procedure, a cadastral passport is issued.

The last step is to obtain the title deed.

Documents required for permission to commission

Permission to put a facility into operation is issued by authorized bodies based on a submitted application. Additional documents must be prepared for it:

    Plan of the site on which the building is located

    Scheme of the location of the object, communications,

    Permission to carry out construction work,

    House Acceptance Certificate,

    Conclusion on the building’s compliance with building codes and design,

    Conclusion of fire authorities.

The form by which an urban development plan for land plots is drawn up is reflected in the Government Decree. This document, as well as the layout diagram of the building and utility networks, are prepared by specialists with appropriate qualifications. They must be signed by the customer or developer.

A permit to carry out construction work is a mandatory document for each developer, issued by authorized bodies on the basis of the urban planning plan presented by the project.

After permission to put the house into operation is received, its owner submits to the body that issued the document the house acceptance certificate, environmental impact statement and the fire inspection report.

It should be noted that according to the law, individual developers do not need such a document until March 1, 2018; putting a private house into operation does not require permission. It will not be needed for technical inventory of the facility.

The procedure for obtaining permission to operate a house

Obtaining a document permitting the commissioning of construction projects will require several procedures:

    Filling out an application.

    Preparation of a package of documents.

    Contact the administration.

    Inspection of the object.

    Getting permission.

An application for a permit must be drawn up strictly in the form prescribed by legislative acts. You should be careful about collecting all the necessary documents. Errors, inaccuracies, or the absence of any of them will cause the authorities to refuse to issue a permit.

In most cases, to obtain this document, you must contact the relevant municipal authority at the location of the facility. But you can also get it from the MFC if the local administration has an agreement with this organization.

Each municipality may have additional requirements. For example, in many administrations the commissioning certificate is drawn up after inspecting the constructed facility. In this case, the owner is obliged to provide an opportunity for an authorized person, a commission, to inspect the building and ensure that the house complies with the documents submitted for a permit.

If the verification of documents and inspection of the building do not raise any complaints or complaints, the authorized body issues a permit to put the building into operation. If the answer is negative, a written explanation of the reasons is provided. If the home owner does not agree with this decision, he can go to court and appeal the refusal.

BTI LLC offers you services for preparing a package of documents and obtaining an operating permit. Competent, experienced specialists of our company will quickly and professionally draw up the necessary papers and carry out the procedure for obtaining the document. This will allow you to save time, save your nerves, eliminate delays and refusals.

The procedure for acceptance and commissioning of completed construction projects

1. Acceptance of completed construction projects

In the case of construction, reconstruction or major repairs under an agreement with the customer (developer), the completed object is presented by the contractor for acceptance to the customer (developer) in the composition and scope of work performed, provided for by the duly approved project and the contract.
The customer (developer) establishes the date and procedure for organizing the acceptance of the object, the list of participants in the acceptance and assessment of the object’s compliance with the established requirements.
The date of acceptance of the completed construction of the facility is reported to the body authorized to issue permission to put the facility into operation.
The assessment of the compliance of the completed construction project with the project, the requirements of regulatory documents (technical regulations) and technical conditions by the decision of the customer (developer) can be carried out through an acceptance committee or without it.
Representatives of the design organization (if designer supervision is carried out at the site), the Territorial executive bodies of state power on whose territory the facility is located, the authorized executive body whose jurisdiction includes cultural heritage objects (by object) may be involved in the assessment of the conformity of a completed construction facility. cultural heritage, where major repairs or work to adapt the object for modern use have been carried out), state supervisory authorities and the operating organization.
Acceptance of a completed construction facility is formalized by the customer (developer) with an act, the recommended form of which is given in Appendix B, with the necessary legal, design and executive documentation attached to the act, acceptance certificates for engineering systems and other documents confirming the compliance of the completed facility with design documentation and the requirements of regulatory documents (technical regulations). The main list of documents is given in Appendix A.
In case of unintentional loss by construction participants of the as-built documentation for the erected load-bearing and enclosing structures of buildings and structures (provided that a permit for the construction/reconstruction of the latter was received in the prescribed manner), it is allowed (by decision of the body authorized to issue a permit to put the facility into operation) carrying out a technical inspection of such structures by a licensed organization in order to determine their reliability and stability, as well as compliance with the project. If there is a positive conclusion based on the results of such an examination, restoration of the lost documentation is not required.
The same procedure is possible for operating facilities that were not accepted in a timely manner for any reason in the prescribed manner.
Completed construction of separate buildings and structures included in the facility under construction, built-in and attached premises for production and auxiliary purposes, civil defense structures (premises), if necessary, to put them into operation during the construction process, are accepted by the customer (developer) with the involvement of organizations operating engineering -technical networks and government supervision and control bodies.

Commissioning documents

Acts of intermediate acceptance into operation are presented by the customer (developer) when receiving permission to put the facility into operation as a whole.

2. The procedure for issuing permits for putting objects into operation (in accordance with Article 55 of the Town Planning Code of the Russian Federation)

To put the facility into operation, the customer (developer) submits to the authority that issued the construction permit an application for permission to put the facility into operation. The application for a permit to put a facility into operation must be accompanied by documents confirming the compliance of the constructed (reconstructed) facility, design documentation and the requirements of current regulatory documents (technical regulations). The main list of documents is given in Appendix A. In the case of construction, reconstruction or major repairs under the contract, an acceptance certificate for the capital construction project is attached (the recommended form of the certificate is given in Appendix B).
The body that issued the construction permit, within ten working days from the date of receipt of the customer’s (developer’s) application for the issuance of a permit, checks the availability and correctness of documents, inspects the capital construction project, if necessary on a commission basis, and makes a decision to issue the applicant permission to enter the facility into operation or refusal to issue a permit, indicating the reasons for the decision.
To inspect a capital construction project, the body authorized to issue a permit to put the facility into operation has the right to attract representatives of the Territorial Executive Bodies of State Power, the design organization, supervisory authorities, organizations operating engineering networks and other interested organizations.
The basis for making a decision to refuse to issue a permit to put a facility into operation is:
— absence of documents specified in Appendix A;
— non-compliance of the capital construction project with the requirements established in the construction permit;
— discrepancy between the parameters of the constructed, reconstructed, repaired capital construction facility and the design documentation.
Permission to put an object into operation is the basis for registering a constructed capital construction project with the state, making changes to the state registration documents of a reconstructed capital construction project.
The permit to put an object into operation must contain information about the capital construction object necessary for registering the constructed capital construction object with state registration or making changes to the state registration documents of the reconstructed capital construction object.
Permission to put an object into operation is the basis for including the object in statistical reporting. State registration of property rights is carried out on the basis of permission to put the facility into operation.
The participation of State bodies in issuing permits for the commissioning of facilities is free of charge.
With the introduction of the permit form for putting objects into operation by the Government of the Russian Federation, the application for putting the object into operation is accompanied by the conclusions of the state construction supervision body and the state fire supervision body (in the event that state construction supervision, state fire supervision is provided for) on the conformity of the constructed , reconstructed, repaired capital construction facility to the requirements of regulatory documents (technical regulations) and design documentation, as well as the urban planning plan of the land plot (in the form established by the Government of the Russian Federation).
Before the approval form for the commissioning of facilities by the Government of the Russian Federation, acceptance and commissioning of completed facilities is carried out in accordance with territorial building codes.
Forms of acceptance certificates in accordance with TSN 12-316-2002, St. Petersburg:
Appendix B. ACCEPTANCE ACT OF A COMPLETED CONSTRUCTION FACILITY BY THE STATE ACCEPTANCE COMMISSION
Appendix D. ACCEPTANCE ACT OF A COMPLETED CONSTRUCTION OBJECT BY THE ACCEPTANCE COMMISSION

Certificate of commissioning of the facility

The act of commissioning an object, equipment, building or any other fixed asset is the most important document confirming the organization’s acceptance of the acquired, constructed or reconstructed fixed asset. The preparation of this document is preceded by quite a lot of work, in which numerous services and specialists are involved, both from the organization that accepts the OS into operation, and from the contractor or seller.

Commissioning

First of all, what is equipment or facility operation? Formally, this means using it for its intended purpose, as well as maintaining it in working order.

The procedure for putting the facility into operation

Thus, by drawing up an act, both the receiving and transferring parties certify that the OS is in good working order and meets all requirements. Note that commissioning of equipment or a building is necessary not only immediately after its purchase, but also after repair, modernization or reconstruction.

Facility commissioning certificate: sample

Today there is no form of OS commissioning act that would be mandatory for use. However, for ease of accounting, the vast majority of organizations use forms that were previously approved by the State Statistics Committee of the Russian Federation. The commissioning certificate can be completed using the following standardized forms:

  • No. OS-1 - Certificate of acceptance and transfer of fixed assets
  • No. OS-1a - Certificate of acceptance and transfer of building (structure)
  • No. OS-1b - Certificate of acceptance and transfer of a group of OS objects

The OS commissioning certificate in form No. OS-1 looks like this:

This is a rather voluminous document, compiled on three sheets. This form can be downloaded from our website.

Registration of the commissioning certificate

In order to formalize the commissioning of equipment or draw up a certificate of commissioning of a building, you will need to carry out complex preparatory work:

  1. Receive a written notification from the contractor (seller) with a certificate of completion of work attached to it. This also includes all technical documentation for the OS object.
  2. Inspect the facility before it is accepted for use. The implementation of this work is entrusted to a specially created working commission, which includes representatives of all parties. At this stage, documentation is checked and the condition of the object is assessed. If necessary, a conclusion is drawn up indicating that the OS is not ready for acceptance.
  3. Draw up and submit to the architectural department an application for permission to put the OS (building) into operation.
  4. Conduct a comprehensive inspection of the facility by the acceptance committee, which draws up an acceptance certificate, and issue an order for the commissioning of the equipment (facility).

The procedure for putting a capital construction project into operation

Issuance of a conclusion on the compliance of the constructed or reconstructed capital construction facility with the requirements of technical regulations and design documentation

Statement of Compliance (FCA)- this is “the conclusion of the state construction supervision body (if state construction supervision is provided) on the compliance of the constructed, reconstructed capital construction facility with the requirements of technical regulations and design documentation, including the requirements of energy efficiency and the requirements for equipping the capital construction facility with metering devices for the energy used resources, is one of the mandatory documents for obtaining permission to put a facility into operation.

The decision to issue a Certificate of Compliance is made if, during the construction or reconstruction of a capital construction project, there were no violations of the compliance of the work performed with the requirements of technical regulations (norms and rules), other regulatory legal acts and design documentation, as recorded in the Final Inspection Report, or such violations were eliminated before the date of issue of the Certificate of Compliance. (Decree of the Moscow Government of September 17, 2013 No. 611-PP “On approval of the Administrative Regulations for the execution by the Committee of State Construction Supervision of the City of Moscow of the state function of implementing regional state construction supervision”).

Regulations for issuing a Statement of Compliance (FOC):

  1. Statement submitted electronically through the “Services and Services” section on mos.ru.

    2. Deadline for drawing up the conclusion – 5 days.

  2. Conclusion (AIA) or reasoned refusal to issue a Conclusion sent electronically to the applicant’s personal account or can be issued in the “one window” service if there is a power of attorney from the developer for the right to receive the requested document and identification document.
  3. The cost of the service is free

Step-by-step instructions for obtaining AIA and permission to commission

Leaflet on drawing up a statement of conformity (AOC)

Regulations of network organizations for issuing a document confirming the compliance of the constructed facility with technical specifications

Formal procedures for commissioning are typical for both industrial and civil facilities: acceptance of the facility from the contractor, obtaining permission to commission, registration of the facility, etc. Operation is the longest phase of the life cycle of a construction project.

Commissioning permit

Previously, when commissioning, an additional decision of the state acceptance committee was required. After the adoption of the Civil Code of the Russian Federation, the developer must obtain permission to put the facility into operation. The following documents must be prepared for the application for such a permit:

  • title documents for the land plot;
  • urban development plan of a land plot or PMP;
  • building permit;
  • act of acceptance of a capital construction project;
  • a document confirming the facility’s compliance with the requirements of technical regulations (signed by the general contractor);
  • act on compliance of the object parameters with the design documentation (signed by the general contractor, technical customer, customer engineer);
  • documents confirming the facility’s compliance with technical specifications (signed by representatives of organizations operating the networks);
  • a diagram of the planning organization of the land plot with the location of facilities and utility networks within the boundaries of the land plot (signed by the general contractor and the technical customer);
  • act of final inspection of state construction supervision and conclusion of the state fire supervision authority.

For dangerous objects, a compulsory civil liability insurance contract is added, for cultural heritage objects - an acceptance certificate for the work performed to preserve the object.

As an act of acceptance of a capital construction project, forms OS-la “Act of acceptance and transfer of a building (structure)” or OS-3 “Act of acceptance and delivery of repaired, reconstructed, modernized fixed assets”, approved by the State Statistics Committee on January 21, can be used 2003 No. 7. In Moscow, the form of the “Certificate of Acceptance of a Capital Construction Project of the State Order of the City of Moscow” was approved by Order of the Moscow Government dated March 9, 2007 No. 396-RP.

When a residential building is handed over, an acceptance certificate is drawn up, for which a commission is created. The act may indicate the condition of parts of the building, communications and engineering systems, and their defects. A similar procedure is carried out when transferring a building to the balance of another organization, and the operating organization is indicated.

To avoid problems when commissioning residential properties, it is advisable to adhere to an exhaustive list of procedures related to obtaining various permits and approvals. In almost all cases, the following documents will be needed:

  • technical plan of a building, structure;
  • conclusion on the compliance of the constructed or reconstructed capital construction facility with the requirements of technical regulations and design documentation, including the requirements for energy efficiency and the requirements for equipping the capital construction facility with metering devices for the energy resources used;
  • permission to put the facility into operation;
  • cadastral plan of the property: buildings, premises;
  • certificate of state registration of ownership of real estate.

If appropriate engineering systems are available, the following documents may be required:

  • certificates of admission of electrical energy metering devices, water and wastewater metering units for operation, certificate of acceptance of gas equipment and automation equipment for commissioning, certificate of inspection of compliance of energy efficiency indicators of gas-using equipment with passport or design indicators;
  • act on washing and disinfection of intra-site and intra-house networks and equipment of the facility necessary for connection to the centralized cold water supply system;
  • acts on the fulfillment of technical conditions for connection to electrical networks, inspection (survey) of electrical installations and notification of inspection;
  • acts on the readiness of intra-site and intra-house networks and equipment for the supply of thermal energy and coolant, for connection to centralized hot and cold water supply systems, domestic (general power) and storm water drainage systems, on the readiness of gas consumption networks and gas-using equipment for technological connection;
  • permission from the energy supervision authority to allow power receiving devices into operation, permission to connect to the heat supply system, permission to start gas;
  • acts of delimitation of balance sheet ownership and operational responsibility of the parties in relation to electrical and heating networks, gas distribution networks, centralized systems of cold and hot water supply, sanitation;
  • act of technological connection to electrical networks and gas distribution networks, acts of connection to centralized heat supply systems, cold and hot water supply, centralized household (general alloy) and storm water drainage systems;
  • contracts for energy supply and heat supply of cold and hot water supply, an agreement for the provision of services for the transmission of electrical energy, an agreement for water disposal into a centralized household and storm water drainage system, a gas supply agreement and an agreement for the maintenance and repair of intra-house and intra-apartment gas equipment.

A regional government body or local government body may establish the need to conduct control geodetic surveys and transfer as-built documentation.

An application for a permit to put a facility into operation is submitted to the same authority that issued the construction permit. The latter is obliged to inspect the capital construction project within 10 days if state construction supervision was not carried out during construction, reconstruction or major repairs. Then the availability and correctness of the above documents are checked. If the results of the inspection are positive, the applicant must be given permission to put the facility into operation; if the results are negative, the applicant must be denied permission, indicating the reasons for the refusal. The refusal can be appealed in court.

The permit is issued in the prescribed form (see below). The permit indicates the main indicators of the constructed facility, the main materials used, the cost of construction - according to the project and actual. Permission to put an object into operation is the basis for state registration of the constructed object, and in the case of reconstruction - for changing the data of such registration.

Commissioning permission form

  • (name of developer
  • (last name, first name, patronymic - for citizens, its postal code and address)

PERMISSION

for commissioning of the facility No._

  • (name of the authorized federal executive body,

or an executive body of a constituent entity of the Russian Federation, or a local government body issuing a construction permit)

Guided by Article 55 of the Town Planning Code of the Russian Federation, it allows the commissioning of a constructed or reconstructed capital construction facility (cross out what is not necessary)

(name of capital construction object

in accordance with the design documentation)

located at

(full address of the capital construction project indicating the subject of the Russian Federation, administrative district, etc. or construction address) 2. Information about the capital construction site

I. General indicators of the facility being commissioned

Construction volume - only cubic meters. m

including the above-ground part of the cube. m

Total area sq. m

Area of ​​built-in and attached premises sq. m

Number of buildings pcs.

II. Non-residential objects

Non-production facilities (schools, hospitals, kindergartens,

objects of culture, sports, etc.)

Number of seats Number of visits Capacity

(other indicators) (other indicators)

Industrial facilities

Power

Performance

Length

III. Housing construction projects

pieces of sections pcs./sq. m

pcs./sq. m pcs./sq. m pcs./sq. m pcs./sq. m pcs./sq. m sq. m

IV. Construction cost The cost of construction of the facility is only thousand rubles. including construction and installation works thousand rubles.

(position of authorized employee (signature) (transcript

authority issuing the signature permit)

proposals for commissioning of the facility)

To commission elevators, the installation organization prepares declaration of conformity with the participation of an accredited testing laboratory. The declaration, inspection and test reports, and electrical measurement reports are attached to the elevator passport.

The owner of the elevator (owner of the building or management company) checks the completeness of the documentation and compliance with the requirements of technical regulations 1, and also enters into a civil liability insurance contract and a contract for maintenance of the elevator.

To commission the elevator, the owner organizes a commission consisting of representatives of the owner, installation and maintenance organizations. Based on the positive decision of the commission, an act of acceptance of the elevator into operation is drawn up, the owner makes a decision on putting the elevator into operation and enters the decision into the elevator passport.

No one can guarantee that after delivery of the object no defects will be discovered. However, the general contractor is obligated to correct, at his own expense, defects that arose as a result of deficiencies in construction, installation and commissioning work and discovered during the warranty period (Article 755 of the Civil Code of the Russian Federation). This also takes into account the warranty obligations of equipment suppliers enshrined in supply contracts. Manufacturers must eliminate, at their own expense, deficiencies that arose as a result of poor quality equipment manufacturing and were discovered within the warranty period established in the equipment supply contracts.

The duration of the warranty period is established in the construction contract and, as a rule, is 1-2 years, and in case of construction under the law on shared participation - 5 years. It is advisable to stipulate in the contract the start date of the warranty period: signing of the act of transfer of the object by the contractor, completion of comprehensive testing, completion of warranty tests, etc.

If the warranty period has ended, but within 5 years from the date of completion of the work, inadequate quality of construction was discovered, then the contractor’s obligations to eliminate defects remain after the expiration of the warranty period (Articles 724, 756 of the Civil Code of the Russian Federation). In this case, the contractor is obliged to prove that the defect did not occur through his fault (“presumption of guilt” of the contractor).

Often, the customer establishes in the contract a provision for a security deposit (deferred payment), which can amount to up to 5-10% of the contract price for contract work. This deposit is returned to the contractor upon expiration of the warranty period if no defects are identified during this time. If defects are discovered and the contractor does not take measures to eliminate them, the customer, in accordance with this provision, pays for the work to eliminate the defects to a third party, thus reducing the amount returned to the contractor.

At the end of the warranty period, a certificate of final acceptance of the object is signed. By this time, all mutual settlements must be reconciled and completed.

Before the new legislation came into force, the commissioning of a construction project was carried out on the basis of various regulations depending on the type of structure. Since January 1988, SNiP came into force. They established the procedure by which the commissioning of an industrial facility was carried out. According to the previous legislation, the document that confirmed the readiness of the structure was an act of the State Commission. Today a different order has been approved. Let us consider further how the facility is currently being put into operation.

Permission

This document today replaces the above acceptance committee act. Permission to put a constructed facility into operation is issued by the executive body of the federal, subject or local level. This document certifies:

  • Completion of construction, reconstruction, and overhaul of the structure in full. The basis document is a construction permit.
  • Compliance of the finished structure with the project and site plan.

Commissioning of a new facility: documents

The person constructing the structure must contact the executive body with the following documents:


Actions of the authorized body

Before issuing permission to put a facility into operation, the authority, within ten days, carries out:

  • Checking the submitted documentation (correctness of execution, compliance of information with reality).
  • Inspection of the structure (this activity is not carried out if state supervision is provided).
  • Issuance of permission to put the facility into operation.

However, the authorized body may refuse to satisfy the application. In what cases does this happen?

Grounds for refusal

The authorized body may not issue permission to put the facility into operation if a discrepancy is identified:

  • The capital construction project meets the requirements established in the construction permit.
  • Construction parameters for the project.
  • Site plan requirements.

The applicant may be refused if, within ten days from the date of receipt of permission to carry out construction, he has not provided the authorized body with:

  • Information about the number of floors, height, area of ​​the planned building, engineering networks.
  • A copy of the results of geodetic surveys.
  • Instances:

Planning diagram of the site, drawn up in accordance with the urban planning plan;

Lists of measures for nature protection and fire safety;

Other documents required by the authority.

If the refusal was due to the failure to provide any papers, then this violation can be corrected by presenting them.

Taxation

There is an opinion that obtaining a permit indicates that work on the structure is completely completed and it is suitable for its intended use. The developer, acting as an investor, will formalize ownership and accept the property for accounting as part of fixed assets. Registration cannot be carried out without permission from the authorized authority. Contribution to fixed assets can be made both before registration of property rights and after this procedure. However, many developers are interested in the question: is it necessary to include the object in the OS immediately after permission to enter is received?

The investor independently decides whether the structure is ready for use at the stage when the document is issued. However, officials oppose this position. They believe that investors are thus delaying the payment of property taxes. And yet, in practice, the readiness of an object for use is determined not by obtaining permission, but by the decision of the management of the enterprise for which the object was built. By insisting on the earliest possible start of tax payments, officials in this case may in some way lose in quality, while undoubtedly gaining in the rate of receipt of contributions. If the construction is not ready enough, the developer will, based on the law, pay an incomplete amount. An organization in this situation can do one of the following:


If an enterprise recognizes a building as fixed assets immediately at the time of receiving permission to put the facility into operation, its value as of the same date will be considered formed. This is carried out on the basis of clause 8 of PBU 6/01.

Putting the facility into operation: costs

Costs are not included in the summary estimate. Commissioning costs are compiled in a separate document. The estimate takes into account the following costs:


Important circumstance

The commissioning permit serves as the basis for registering the structure and making changes to state accounting acts. According to the definition of the Constitutional Court, the documentation confirming the readiness of the building does not include provisions regulating the registration of ownership. The papers are purely technical in nature and set out the commissioning process.

Controversial point

It is also necessary to pay attention to the period when permits began to be issued instead of a state acceptance certificate. This circumstance is very significant, since the construction of many facilities was carried out before the adoption of the new Code, and they were ready after that. According to Art. 9 of the Federal Law regulating the entry into force of the Civil Code, the Code applies to relations relating to reconstruction, construction and design that arose after its approval. Projects started before its introduction are subject to provisions regarding obligations and rights that arose after its adoption. In other words, since the specified relations for the construction of the building arose before the GRK was introduced, and the completion of the work and the need to obtain permission - after that, the acceptance and commissioning of the building must be carried out in accordance with the requirements of Article 55 of the GRK.

Permission form

The plan was approved by government decree. The order of the Ministry of Regional Development establishes the procedure for drawing up the permit form. The document must contain information about the structure that is necessary to make changes to state accounting acts (for reconstructed and repaired buildings) or to register. Since when issuing a permit, the authorized body checks compliance with urban planning and other rules and regulations during the construction of the facility, there is no need to present other documents other than those included in the list above.

Russian legislation provides for accounting of real estate located on the territory of the state, regardless of the type of property. Buildings, land plots, roads, and other objects are controlled. Having completed the construction of the facility, it is necessary to confirm the fact of construction and compliance of the structure or equipment with regulatory requirements.

The commissioning of real estate, upon completion of capital construction or reconstruction, consists of the consistent implementation of the necessary procedures. The result of putting real estate into operation is the registration by the owner of the construction of his rights to the property with the subsequent operation of the facility, or carrying out other transactions provided for by law.

Commissioning of non-residential premises

The document confirming the completion of construction or reconstruction is the Form confirming that the construction work has been completed and corresponds to the initially approved plan. The timing of the final inspection by the contractor and the owner is approved during the work process.

Basic list of documents for putting the facility into operation

The certificate of commissioning of non-residential premises, shops and shopping centers is obtained by the department that issued the construction permit; an application is submitted in 2 copies. In addition to the application, you must provide:

  • , issued jointly with the developer;
  • , or a project for planning and surveying a land plot;
  • act of acceptance of a construction project, or a contract;
  • or reconstruction requirements of technical documentation, signed by the person responsible for construction;
  • conclusion of the energy supplying organization on the compliance of the electrical installations of the premises with the requirements of energy efficiency and equipment with metering devices;
  • conclusion of the fire safety service;
  • permission from the company for the operation of utility networks (if available);
  • act of acceptance by bodies for the protection of cultural heritage when carrying out restoration or other work in buildings defined by Federal Law No. 73 of June 25, 2002.

The package of documents is registered with the executive authorities, after which a thorough check of the submitted forms is carried out. The volume of documents must comply with the list and requirements of Article 55 of the Civil Code of the Russian Federation. If the necessary information is missing or does not comply with legal requirements, a decision is made to “refuse to issue a permit.”

In this case, the property owner can complete the missing documents and reapply for a permit. In case of disagreement with the decision, the owner has the right to go to court.

Attention! After the documentary analysis, the construction project is checked to ensure that the delivered object complies with the design documentation. Monitoring of compliance with the requirements specified in the urban planning plan of the land plot is also carried out. At the end of the inspection, a decision is made to issue or refuse to issue a “Decision on putting the property into operation.” The period for reviewing documents is up to 10 days.

HPFs include facilities for the production, storage, processing, use and destruction of flammable, explosive and toxic substances, for example, gas boiler houses, gas stations. The commissioning of this type of fixed assets is regulated. Upon completion of construction, the structure is monitored to ensure that the property is ready for operation.

The procedure for completing the documentation required for the operation of hazardous production facilities

In addition to the package of documents that is standard for all types of fixed assets for production purposes, when submitting an application, the owner of the facility provides confirmation of compulsory civil liability insurance, on the basis of Article 9, Article 15 of Federal Law No. 116 and Article 5 of Federal Law No. 225.

Documents, according to the list, are provided to the department that issued the construction permit. After analyzing the provided data and inspecting the hazardous production facility, the self-government body decides to issue a permit to put the hazardous production facility into operation.

Putting this type of fixed assets into operation also includes the following actions:

  1. An act of commissioning of the structure as a whole, as well as its components and technical devices, is drawn up;
  2. All technical devices, such as forklifts and pressure equipment, are registered. Each equipment is assigned a registration number, which is written in the equipment passport;
  3. It is necessary to register the object in the Rostekhnadzor register and obtain a Certificate of Registration;
  4. Based on Art. 9 Federal Law No. 116, as well as Government Decree No. 263 of March 10, 1999. it is necessary to adopt and approve job descriptions and orders for the appointment of those responsible for hazardous production facilities, develop an emergency response plan, and also conclude an agreement with the Ministry of Emergency Situations;
  5. Certify workplaces for industrial safety, as well as obtain knowledge testing protocols from Rostechnadzor;
  6. According to Article 9 of Federal Law No. 116 and Decree of the Government of the Russian Federation No. 492 of June 10, 2013. it is necessary to obtain a license from Rostechnadzor to operate a high-risk facility of class 1-3.

Commissioning of linear facilities

Linear objects are structures whose length is many times greater than its width. This type of capital construction projects includes utility networks, roads and railways, subways, pipelines, etc. The location of such linear objects is a polyline, or broken curve. The design of this type of fixed assets is practically no different from other construction projects, although it has a number of subtleties.

Important! During the capital construction of some objects, for example, a road or a high-pressure pipeline, it is necessary to own a plot of land underneath them. In the case of underground routes or cables, they may pass under someone's land ownership.

Many linear structures have a security zone within which foreign objects cannot be built, or there are a number of other restrictions.

Commissioning documents

The process of commissioning linear structures is similar to the commissioning of other production facilities. However, due to the specifics of this type of fixed assets, in addition to the standard package of forms approved by Article 55 of the Civil Code of the Russian Federation, for linear objects it is necessary to additionally submit:

  • (if necessary);
  • a permit document issued by environmental supervision in cases provided for in Part 7 of Article 54 of the Civil Code of the Russian Federation;
  • in accordance with Federal Law No. 218 dated July 13, 2015;
  • description of the boundaries of the security zone with a list of coordinates in electronic format, when commissioning new electric power, gas supply, transport, pipeline facilities, or communication facilities in accordance with the Federal Law (if necessary).

Residential buildings built at the expense of the owner’s own funds are put into operation using a simplified form. The owner only needs to present documents confirming the right of ownership of the land and the available technical documentation for construction, in accordance with Federal Law No. 93 of June 30, 2006.

Important! According to the changes dated March 1, 2018, the commissioning of individual residential buildings is not required.

Requirements for an individual residential property

When submitting documents, the constructed house must meet certain requirements:

  • availability of heating;
  • availability of electrical wiring and installed metering devices;
  • availability of water supply;
  • sewerage;
  • complete finishing of all premises.

In the absence of centralized methods for connecting heating, water supply and sewerage, the structure must be provided with autonomous sources. At the time of submitting documents, the house must be suitable for habitation.


Documents required for putting a residential building into operation

A permit to put a house into operation is issued by local authorities. The package of documents approved by Article 55 clause 3 of the Civil Code of the Russian Federation contains:

  • statement;
  • a document confirming the right of ownership of the land plot;
  • building permit;
  • cadastral passport of the land plot;
  • technical passport;
  • site diagram.

The procedure for obtaining permission to put a house into operation

The generated package of documents is submitted to local authorities, or through the MFC, for consideration. Currently, it is possible to submit an application through the State Services portal. In this case, copies of all forms are provided.

During the review process, the submitted documents are analyzed and the structure is inspected for compliance with legal requirements. Based on the results of the review, a decision is made.

Attention! The response can be received by the applicant during a personal visit, by mail, or electronically. If a refusal is received, a written explanation of the reasons must be attached.

The commissioning of multi-apartment residential buildings (IZhS) is a procedure necessary to confirm the readiness of the building for the occupancy of residents, and compliance with the requirements and standards of current legislation.

Upon completion of construction, such a facility must be inspected by local construction supervision authorities based on an application from the developer. Inspectors analyze the construction process from laying the foundation to the final stages of construction work. Based on the results of the final inspection, an AIA is formed for the construction project in accordance with the requirements of the technical regulations for the declared project.

Attention! According to Part 5 of Article 52 of the Civil Code of the Russian Federation, construction supervision must be carried out during the entire period of capital construction or reconstruction of the facility.

Therefore, an AIA will only be issued if there is regular supervision during construction work. If, due to the fault of the developer, there was no control, the organization has the right to refuse to issue an opinion.

If the developer makes unauthorized changes to certain parts of the property, without notifying construction supervision, the issuance of an AIA may also be refused. In this case, the developer needs to inspect the modified structures in another organization that has a license to carry out the relevant work. Upon receipt of positive survey results, construction supervision may reconsider the possibility of issuing a certificate of compliance.

Next, a special commission is created that studies the design documentation and inspects the building for compliance with construction and sanitary standards. The composition of the commission must correspond to the list specified in Article 55 of the Civil Code of the Russian Federation. The members of the commission must include employees of the Sanitary and Epidemiological Supervision Authority, the electricity supply organization and specialists responsible for fire safety. When making a decision, the commission takes into account the data from the construction supervision AIA.

To obtain a permit to put into operation an apartment building, a corresponding application is submitted to the executive authority and the necessary documents are provided.

Documentation required to obtain a permit

The list of documents, according to the Town Planning Code, includes:

  • developer's statement;
  • building permit;
  • land ownership documents;
  • diagram of the location of the building on the land plot;
  • technical plan;
  • documents confirming the fulfillment of technical requirements. conditions and signed by energy suppliers.

After reviewing the package of documents, self-government bodies decide on issuing a permit to put the house into operation.

Commissioning of intangible equipment

Intangible assets include objects that do not have a physical structure and are used in production over a long period. This type of fixed assets includes:

  • business reputation of the enterprise;
  • the whole range of organizational expenses;
  • objects of intellectual property.

Attention! Documents confirming the existence of this type of fixed assets include patents, patent assignment agreements, trademarks, or certificates. Commissioning of intangible assets is carried out according to the acceptance certificate, on the basis of the “Order of the manager on commissioning and establishing the useful life of intangible assets.”

In addition to the article, we suggest watching a detailed video on this topic: