Serious changes in the town planning code regarding changes to project documentation. Serious changes in the town planning code regarding changes to project documentation Article 49 of the Civil Code of the Russian Federation building permit

22.11.2023

Article 49. Examination of project documentation and results engineering surveys, state environmental examination of project documentation of objects, construction, reconstruction, which are supposed to be carried out in an exclusive economic zone Russian Federation, on continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, on lands of specially protected natural areas

1. Design documentation of objects capital construction and the results of engineering surveys carried out to prepare such design documentation are subject to examination, except for the cases provided for in parts 2, 3 and 3.1 of this article. Examination of design documentation and (or) examination of engineering survey results is carried out in the form of state examination or non-state examination. Developer or technical customer directs at his own discretion project documentation and the results of engineering surveys for state examination or non-state examination, except for cases where, in accordance with this article, a state examination is provided for in relation to the design documentation of capital construction projects and the results of engineering surveys carried out for the preparation of such design documentation.

2. The examination is not carried out in relation to the design documentation of the following capital construction projects:

1) detached residential buildings with no more than three floors, intended for one family (individual housing construction);

4) separate capital construction projects with no more than two floors, a total area of no more than 1,500 square meters and which are not intended for citizens’ residence and production activities, with the exception of objects that, in accordance with Article 48.1 of this Code, are especially dangerous, technically complex or unique objects;

5) detached capital construction projects with no more than two floors, a total area of no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which within the boundaries land plots where such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of facilities that, in accordance with Article 48.1 of this Code, are particularly dangerous, technically complex or unique facilities.

2.1. If the construction or reconstruction of the capital construction projects specified in Part 2 of this article is planned to be carried out within the boundaries of the security zones of pipeline transport facilities, examination of the design documentation for the construction and reconstruction of the specified capital construction projects is mandatory.

3. An examination of design documentation is not carried out if construction or reconstruction does not require obtaining a construction permit, as well as in the case of such an examination in relation to the design documentation of capital construction projects that has received a positive conclusion from a state examination or non-state examination and is being applied repeatedly (hereinafter - standard design documentation), or modifications of such design documentation that do not affect the structural and other characteristics of the reliability and safety of capital construction projects. Expertise of project documentation is not carried out in relation to sections of project documentation prepared for overhaul capital construction projects, with the exception of design documentation prepared for major repairs of public roads.

3.1. An examination of the results of engineering surveys is not carried out if the engineering surveys were carried out to prepare design documentation for capital construction projects specified in Part 2 of this article, as well as if a construction permit is not required for construction or reconstruction.

3.2. The results of engineering surveys can be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.

3.3. The developer or technical customer may, on his own initiative, send design documentation for capital construction projects specified in parts 2 and 3 of this article, and the results of engineering surveys carried out to prepare such design documentation, for state examination or non-state examination.

3.4. Design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, objects whose construction and reconstruction are financed from budget funds budget system of the Russian Federation, public highways, the overhaul of which is financed or expected to be financed from the budgets of the budget system of the Russian Federation, cultural heritage sites of regional and local significance (if, when carrying out work to preserve a cultural heritage site of regional or local significance, structural and other characteristics of the reliability and safety of the specified facility) and the results of engineering surveys carried out to prepare such design documentation, as well as design documentation of facilities, the construction and reconstruction of which are supposed to be carried out on the lands of specially protected natural areas, facilities related to the disposal and disposal of waste I - V hazard classes, subject to state examination.

4. State examination of design documentation and state examination of engineering survey results are carried out federal body executive power, an executive body of a constituent entity of the Russian Federation authorized to conduct state examination of design documentation, or state (budgetary or autonomous) institutions subordinate to these bodies.

4.1. State examination of design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, and state examination of the results of engineering surveys carried out to prepare such design documentation, unless otherwise established Federal law"On the introduction into force of the Town Planning Code of the Russian Federation" are carried out by the federal executive body specified in paragraph one of part 3 of article 6 of this Code, or by a state (budgetary or autonomous) institution subordinate to it, except in cases where by decree of the President of the Russian Federation in relation to defense and security facilities or a regulatory legal act of the Government of the Russian Federation in relation to facilities, the construction or reconstruction of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, as well as in relation to facilities related to the disposal and neutralization of waste of hazard classes I - V, other federal executive authorities have been identified.

4.2. State examination of design documentation of other capital construction projects and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the executive authority of a constituent entity of the Russian Federation or a subordinate state (budgetary or autonomous) institution at the location land plot, where it is planned to carry out construction and reconstruction of a capital construction project.

4.3. Non-state examination of design documentation and (or) non-state examination of engineering survey results is carried out legal entities, meeting the requirements established by Article 50 of this Code.

4.4. Executive authorities, as well as institutions subordinate to them, specified in parts 4 - 4.2 of this article, do not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.

4.5. Legal entities specified in part 4.3 of this article do not have the right to conduct a non-state examination of design documentation and (or) a non-state examination of the results of engineering surveys, if the preparation of such design documentation and (or) the implementation of such engineering surveys was carried out by these legal entities. Violation of this requirement is grounds for revocation of accreditation of these legal entities for the right to conduct non-state examination of design documentation and (or) non-state examination of engineering survey results.

4.6. Preparation of conclusions of the state examination of design documentation and (or) state examination of the results of engineering surveys and non-state examination of design documentation and (or) non-state examination of the results of engineering surveys has the right to be carried out by individuals certified in accordance with Article 49.1 of this Code, in the area of activity of the expert specified in qualification certificate.

4.7. Individuals certified for the right to prepare expert opinions on design documentation and (or) engineering survey results in accordance with Article 49.1 of this Code are not entitled to participate in such an examination if they have a personal interest in the results of such an examination, including if in the preparation of project documentation and (or) the execution of engineering surveys was attended by the specified persons personally or their close relatives (parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren), spouse.

5. The subject of the examination is to assess the compliance of project documentation with the requirements of technical regulations, including sanitary and epidemiological, environmental requirements, requirements for state protection of cultural heritage sites, fire, industrial, nuclear, radiation and other safety requirements, as well as the results of engineering surveys, and assessment compliance of engineering survey results with the requirements of technical regulations.

6. It is not allowed to carry out any other examination of project documentation, with the exception of the examination of project documentation provided for in this article, as well as the state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in the inland sea waters, in the territorial sea of the Russian Federation, on lands of specially protected natural areas, as well as design documentation of facilities related to the placement and disposal of waste of hazard class I - V, artificial land plots on water bodies.

6.1. To conduct a state examination of project documentation and a state environmental examination of design documentation of objects, the construction or reconstruction of which is supposed to be carried out on the lands of specially protected natural areas, such design documentation in the manner established by the Government of the Russian Federation is submitted in:

1) federal executive body authorized to conduct state examination of design documentation in relation to objects, the construction and reconstruction of which are supposed to be carried out on the lands of specially protected natural areas of federal significance, and in relation to especially dangerous, technically complex and unique objects, defense and security objects , the construction, reconstruction of which is supposed to be carried out on the lands of specially protected natural areas of regional and local significance, in cases where the construction and reconstruction of such objects on the lands of specially protected natural areas are permitted by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

2) the executive body of the constituent entity of the Russian Federation authorized to carry out state examination of design documentation in relation to objects, the construction, reconstruction of which is supposed to be carried out on lands of specially protected natural areas of regional and local significance, with the exception of design documentation of objects specified in paragraph 1 of this part .

6.2. The federal executive body, the executive body of the constituent entity of the Russian Federation, authorized to conduct state examination of design documentation and, in accordance with Part 4 of this article, carrying out such state examination, send the design documentation of the objects specified in subclause 7.1 of Article 11 and subclause submitted by the developer or technical customer 4.1 of Article 12 of the Federal Law of November 23, 1995 No. 174-FZ “On Environmental Expertise”, for state environmental expertise in the manner established by this Federal Law.

6.3. The results of the state examination of project documentation and the state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out on the lands of specially protected natural areas, are the corresponding conclusions.

7. The duration of the state examination is determined by the complexity of the capital construction project, but should not exceed sixty days.

8. The grounds for refusal to accept design documentation and (or) the results of engineering surveys aimed at examination are:

1) the absence in the design documentation of the sections provided for in parts 12 and 13 of Article 48 of this Code;

2) preparation of project documentation by a person who does not meet the requirements specified in parts 4 and 5 of Article 48 of this Code;

3) the absence of the results of engineering surveys specified in Part 6 of Article 47 of this Code, or the absence of a positive conclusion from the examination of the results of engineering surveys (if the results of engineering surveys were sent for examination before the design documentation was sent for examination);

4) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of this Code;

5) execution of engineering surveys, the results of which are sent for examination, by a person who does not meet the requirements specified in parts 2 and 3 of Article 47 of this Code;

6) sending for examination not all documents provided for by the Government of the Russian Federation in accordance with Part 11 of this article;

7) sending design documentation and (or) engineering survey results to an executive authority, a state institution, if, in accordance with this Code, the state examination of such design documentation and (or) engineering survey results is carried out by another executive authority, another state institution.

8) paragraph 8 was declared invalid as of April 1, 2012 in accordance with Federal Law of November 28, 2011 No. 337-FZ.

9. The result of the examination of project documentation is a conclusion on compliance (positive conclusion) or non-compliance (negative conclusion) of the project documentation with the requirements of technical regulations and the results of engineering surveys, requirements for the content of sections of project documentation provided for in accordance with Part 13 of Article 48 of this Code, as well as on compliance of the results of engineering surveys with the requirements of technical regulations (if the results of engineering surveys were sent for examination simultaneously with the design documentation). If the results of engineering surveys were sent for examination before sending the design documentation for examination, the result of the examination is a conclusion on compliance (positive conclusion) or non-compliance (negative conclusion) of the results of engineering surveys with the requirements of technical regulations.

10. A negative expert opinion may be challenged by the developer or technical customer in court. The developer or technical customer has the right to re-submit the design documentation and (or) the results of engineering surveys for examination after making the necessary changes to them.

12. In case of disagreement with the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys, the developer, technical customer or their representative, within three years from the date of approval of such a conclusion, has the right to appeal it to the expert commission created by the federal executive body exercising the functions of development of state policy and legal regulation in the field of construction, architecture, urban planning, in the manner established by the specified federal executive body. The decision of such an expert commission to confirm or not confirm the conclusion of the state examination or non-state examination is mandatory for the body or organization that carried out the relevant examination of the design documentation and (or) examination of the results of engineering surveys, the developer, the technical customer.

13. The decision of the expert commission specified in part 12 of this article to confirm or not confirm the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys may be appealed in court.

Art. 49 GSK RF. Examination of design documentation and engineering survey results, state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, on lands of specially protected natural territories, in the Baikal natural territory

1. Design documentation of capital construction projects and the results of engineering surveys carried out to prepare such design documentation are subject to examination, except for the cases provided for in parts 2, 3 and 3.1 of this article. Examination of design documentation and (or) examination of engineering survey results is carried out in the form of state examination or non-state examination. The developer or technical customer, at his own discretion, sends design documentation and the results of engineering surveys for state examination or non-state examination, except for cases where, in accordance with this article, in relation to the design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation, a state examination is envisaged.

2. The examination is not carried out in relation to the design documentation of the following capital construction projects:

1) detached residential buildings with no more than three floors, intended for one family (individual housing construction projects);

2) residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks, located on a separate plot of land and has access to a public territory (blocked residential buildings), if the construction or reconstruction of such residential buildings is carried out without attracting funds from the budgets of the budget system of the Russian Federation;

3) apartment buildings with no more than three floors, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area use, if the construction or reconstruction of such apartment buildings is carried out without attracting funds from the budgets of the budget system of the Russian Federation;

5) detached capital construction projects with no more than two floors, a total area of no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which within the boundaries of land plots where such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of facilities that, in accordance with Article 48.1 of this Code, are particularly dangerous, technically complex or unique facilities;

6) boreholes provided for by the technical design for the development of mineral deposits or other design documentation for the performance of work related to the use of subsoil areas, prepared, agreed and approved in accordance with the legislation of the Russian Federation on subsoil.

3. An examination of design documentation is not carried out if the construction or reconstruction of a capital construction project does not require obtaining a construction permit, as well as in relation to modified design documentation. An examination of design documentation is not carried out in relation to sections of design documentation prepared for the overhaul of capital construction projects, with the exception of design documentation prepared for the overhaul of public roads.

3.2. The results of engineering surveys can be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.

3.4. Design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, objects, construction, reconstruction of which are financed from the budgets of the budget system of the Russian Federation, public roads, the major repairs of which are financed or expected to be financed from the budgets of the budget system of the Russian Federation , objects of cultural heritage of regional and local significance (if, when carrying out work to preserve a cultural heritage object of regional or local significance, the structural and other characteristics of the reliability and safety of the specified object are affected) and the results of engineering surveys carried out to prepare such design documentation, as well as design documentation of objects, the construction, reconstruction of which is supposed to be carried out on the lands of specially protected natural areas, objects used for the disposal and (or) neutralization of waste of hazard classes I - V, are subject to state examination.

3.5. Confirmation that the changes made to the design documentation after receiving a positive conclusion from the examination of the design documentation do not affect the structural and other safety characteristics of the capital construction project is the conclusion of the executive authority or organization that carried out the examination of the design documentation to which the changes were made. In case of modification of such design documentation for the construction, reconstruction, overhaul of capital construction projects, the financing of which is planned from the budgets of the budget system of the Russian Federation or is provided by legal entities specified in Part 2 of Article 48.2 of this Code, the said conclusion also confirms that the changes, included in the project documentation after receiving a positive conclusion from the examination of the project documentation, do not lead to an increase in the estimate for their construction or reconstruction at comparable prices. The preparation of the said conclusion is carried out within a period of no more than thirty days in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, and urban planning. At the same time, in order to prepare the conclusion provided for in this part, those sections of the design documentation of the capital construction project in which changes have been made are sent to the executive authority or organization that carried out the examination of the design documentation of the capital construction project for consideration.

3.6. If there are changes in the design documentation specified in Part 3.5 of this article that affect the structural and other safety characteristics of a capital construction project and (or) leading to an increase in the estimate for its construction or reconstruction at comparable prices, an executive body or organization, those who carried out the examination of the design documentation of such a capital construction project refuse to issue the conclusion specified in this part. In this case, the design documentation to which changes have been made is subject to examination in the manner established by the Government of the Russian Federation in accordance with Part 11 of this article.

3.7. Standard form the conclusion specified in part 3.5 of this article is approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, and urban planning.

4. State examination of design documentation and state examination of engineering survey results are carried out by a federal executive body, an executive body of a constituent entity of the Russian Federation authorized to conduct state examination of design documentation, or state (budgetary or autonomous) institutions subordinate to these bodies, an authorized organization carrying out public administration the use of atomic energy and public administration in the implementation of activities related to the development, production, disposal of nuclear weapons and nuclear power plants for military purposes.

4.1. State examination of the design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, and state examination of the results of engineering surveys carried out for the preparation of such design documentation, unless otherwise established by the Federal Law "On the Entry into Force of the Town Planning Code of the Russian Federation", carried out by the federal executive body specified in paragraph one of part 3 of article 6.1 of this Code, or a state (budgetary or autonomous) institution subordinate to it, except for the cases specified in part 4.8 of this article, or cases if by decree of the President of the Russian Federation in relation to objects defense and security or a regulatory legal act of the Government of the Russian Federation in relation to objects, the construction, reconstruction of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, as well as in relation to objects used for disposal and (or) neutralization of waste of hazard classes I - V, other federal executive authorities are determined.

4.2. State examination of design documentation of other capital construction projects and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the executive authority of a constituent entity of the Russian Federation or a subordinate state (budgetary or autonomous) institution at the location of the land plot on which construction is planned. , reconstruction of a capital construction facility.

4.3. Non-state examination of design documentation and (or) non-state examination of engineering survey results is carried out by legal entities that meet the requirements established by Article 50 of this Code.

4.4. Executive authorities, as well as institutions subordinate to them, an authorized organization that carries out state management of the use of atomic energy and state management in the implementation of activities related to the development, production, disposal of nuclear weapons and nuclear power plants for military purposes, which are specified in parts 4 - 4.2 of this article, does not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.

4.8. State examination of design documentation for capital construction projects of federal nuclear organizations and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by an authorized organization that carries out state management of the use of atomic energy and state management in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes.

5.1. When conducting an examination of design documentation prepared using reuse design documentation, sections of the design documentation that have not been amended are not assessed for compliance of these sections with the requirements of technical regulations.

6. It is not allowed to conduct any other examinations of project documentation, with the exception of the examination of project documentation provided for in this article, the state historical and cultural examination of project documentation for carrying out work to preserve cultural heritage sites, as well as the state environmental examination of design documentation for objects whose construction or reconstruction is expected carry out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, on lands of specially protected natural areas, in the Baikal natural territory, as well as design documentation of objects used for placement and (or) neutralization of waste of I - V hazard classes, artificial land plots on water bodies.

6.1. To carry out the state examination of design documentation and the state environmental examination of design documentation of objects, the construction or reconstruction of which is supposed to be carried out on the lands of specially protected natural areas, in the Baikal natural territory, such design documentation in the manner established by the Government of the Russian Federation is submitted in:

1) federal executive body authorized to conduct state examination of design documentation in relation to objects, the construction and reconstruction of which are supposed to be carried out on the lands of specially protected natural areas of federal significance, in the Baikal natural territory, and in relation to particularly dangerous, technically complex and unique objects , defense and security facilities, the construction and reconstruction of which are supposed to be carried out on the lands of specially protected natural areas of regional and local significance, in cases where the construction and reconstruction of such objects on the lands of specially protected natural areas are permitted by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

6.2. Federal executive body, executive body of a constituent entity of the Russian Federation, authorized organization carrying out state management of the use of atomic energy and state management in carrying out activities related to the development, production, disposal of nuclear weapons and nuclear power plants for military purposes, authorized to conduct state examination of design documentation and, in accordance with Part 4 of this article, carrying out such state expertise, send the design documentation of the objects specified in subparagraph 7.1 of Article 11 and subparagraph 4.1 of Article 12 of the Federal Law of November 23, 1995 N 174-FZ "On Environmental Expertise" submitted by the developer or technical customer ", for state environmental assessment in the manner prescribed by this Federal Law.

7. The duration of the state examination is determined by the complexity of the capital construction project, but should not exceed sixty days. This period may be extended at the request of the developer or technical customer for no more than thirty days.

7.1. It is not allowed to issue an expert opinion of design documentation and (or) engineering survey results before including information about such a conclusion in a single State Register conclusions of examination of design documentation of capital construction projects.

8. The grounds for refusal to accept design documentation and (or) the results of engineering surveys aimed at examination are:

1) the absence in the design documentation of the sections provided for in parts 12 and 13 of Article 48 of this Code;

2) preparation of project documentation by a person who does not meet the requirements specified in parts 4 and 5 of Article 48 of this Code;

4) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of this Code;

5) execution of engineering surveys, the results of which are sent for examination, by a person who does not meet the requirements specified in parts 2 and 3 of Article 47 of this Code;

6) sending for examination not all documents provided for by the Government of the Russian Federation in accordance with Part 11 of this article;

11. The procedure for organizing and conducting state examination of design documentation and state examination of engineering survey results, non-state examination of design documentation and non-state examination of engineering survey results, the amount of fees for conducting state examination of design documentation and state examination of engineering survey results, for the issuance of what is provided for in part 3.5 of this article conclusion (if the said conclusion was issued by the executive authority or organization that carried out the state examination of the design documentation to which changes were made), the procedure for collecting this fee is established by the Government of the Russian Federation.

12. In case of disagreement with the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys, the developer, technical customer or their representative, within three years from the date of approval of such a conclusion, has the right to appeal it to the expert commission created by the federal executive body exercising the functions of development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning, in the manner established by the specified federal executive body. The decision of such an expert commission to confirm or not confirm the conclusion of the state examination or non-state examination is mandatory for the body or organization that carried out the relevant examination of the design documentation and (or) examination of the results of engineering surveys, the developer, the technical customer.

Article 49. Examination of design documentation and results of engineering surveys, state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, within the specially protected natural areas, in the Baikal natural territory

1. Design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation are subject to examination, except for the cases provided for in parts 2, 3, 3.1 and 3.8 of this article. Examination of design documentation and (or) examination of engineering survey results is carried out in the form of state examination or non-state examination. The developer or technical customer, at his own discretion, sends design documentation and the results of engineering surveys for state examination or non-state examination, except for cases where, in accordance with this article, in relation to the design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation, a state examination is envisaged.

2. The examination is not carried out in relation to the design documentation of the following capital construction projects:

1) objects of individual housing construction, garden houses;

5) detached capital construction projects with no more than two floors, a total area of no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which within the boundaries of land plots where such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of facilities that, in accordance with Article 48.1 of this Code, are particularly dangerous, technically complex or unique facilities;

2.1. If the construction or reconstruction of the capital construction projects specified in paragraphs 2 - 6 of Part 2 of this article is planned to be carried out within the boundaries of pipeline security zones, examination of the design documentation for the construction and reconstruction of these capital construction projects is mandatory.

2.2. If the capital construction objects specified in paragraphs 4 and 5 of part 2 of this article relate to objects of mass stay of citizens, examination of the design documentation for the construction and reconstruction of these capital construction objects is mandatory. The criteria for classifying capital construction projects specified in paragraphs 4 and 5 of part 2 of this article as objects of mass stay of citizens are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, and urban planning.

3. An examination of design documentation is not carried out if a construction permit is not required for the construction or reconstruction of a capital construction project. Expertise of design documentation is not carried out in relation to sections of design documentation prepared for major repairs of capital construction projects.

3.2. The results of engineering surveys can be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.

3.3. Design documentation of capital construction projects specified in part 2 of this article, design documentation specified in part 3 of this article, and the results of engineering surveys performed to prepare such design documentation:

1) are subject to state examination in cases where estimated cost construction, reconstruction, major repairs of capital construction projects in accordance with the requirements of this Code are subject to verification for the reliability of its determination;

2) on the developer’s or technical customer’s own initiative, they may be sent for state or non-state examination, except for the cases specified in paragraph 1 of this part.

3.4. Design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, objects, the estimated cost of construction, reconstruction, major repairs of which in accordance with the requirements of this Code is subject to verification for the reliability of its determination, objects (except for objects specified in parts 2 and 3 of this article), construction, reconstruction of which are planned within the boundaries of zones with special conditions for the use of territories, the regime of which provides for the restriction of the placement of capital construction projects based on an assessment of their impact on the object, territory, for the purpose of protecting which a zone with special conditions for the use of the territory has been established, or based on an assessment of the impact of an object, territory, for the purpose of protecting which a zone with special conditions for the use of the territory has been established, on the capital construction object located, objects of cultural heritage of regional and local significance (if, when carrying out work to preserve a cultural heritage object of regional or local significance the design and other characteristics of the reliability and safety of the specified object are affected) and the results of engineering surveys carried out for the preparation of such design documentation, and design documentation of objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, objects used for placement and (or) neutralization of waste of I - V hazard classes are subject to state examination.

3.8. An examination of project documentation, by decision of the developer, may not be carried out in relation to changes made to project documentation that have received a positive conclusion from the examination of project documentation, if such changes simultaneously:

1) do not affect the load-bearing building structures of a capital construction project, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures;

2) do not entail a change in class, category and (or) original established indicators functioning of linear objects;

3) do not lead to violations of the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electrical power systems and facilities electric power industry, requirements for anti-terrorism security of the facility;

4) comply with the design instructions of the developer or technical customer, as well as the results of engineering surveys;

5) correspond to what is established in the decision to provide budgetary allocations for the implementation capital investments, adopted in relation to a capital construction project of state (municipal) property in the prescribed manner, the cost of construction (reconstruction) of a capital construction project carried out at the expense of the budgets of the budgetary system of the Russian Federation.

3.9. Assessing the compliance of changes made to the project documentation, which received a positive conclusion from the examination of the project documentation (including changes not provided for in part 3.8 of this article), with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements of state protection of cultural objects heritage, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorism security of the facility, the design assignment of the developer or technical customer, the results of engineering surveys, by decision of the developer or technical customer can be carried out in form of expert support by the executive authority or organization that carried out the examination of the project documentation, which confirms the compliance of the changes made in the project documentation with the requirements specified in this part.

3.10. If, during expert support, changes are made to the project documentation that require an examination of the project documentation, the executive authority or organization that carried out the examination of the project documentation, based on the results of making these changes to this project documentation, in order for the developer or technical customer to receive what is specified in paragraph 9 of Part 3 of Article 55 of this Code, the conclusion is issued, taking into account all these changes, the conclusion of the examination of project documentation, information about which is subject to inclusion in the unified state register of conclusions of the examination of design documentation for capital construction projects in accordance with Part 7.1 of this article. In this case, additional direction of project documentation for the examination of project documentation is not required.

3.11. The procedure for expert support provided for in parts 3.9 and 3.10 of this article, the issuance of an expert opinion on design documentation, as well as the procedure for confirming during expert support the compliance of changes made in design documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, and state protection requirements cultural heritage sites, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorism security of the object, the design assignment of the developer or technical customer, the results of engineering surveys are established by the Government of the Russian Federation.

4.1. State examination of the design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, and state examination of the results of engineering surveys carried out for the preparation of such design documentation, unless otherwise established by the Federal Law “On the Enforcement of the Town Planning Code of the Russian Federation”, carried out by the federal executive body specified in paragraph one of part 3 of article 6.1 of this Code, or a state (budgetary or autonomous) institution subordinate to it, except for the cases specified in part 4.8 of this article, or cases if by decree of the President of the Russian Federation in relation to objects defense and security or a regulatory legal act of the Government of the Russian Federation in relation to objects, the construction, reconstruction of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, as well as in relation to objects used for the disposal and (or) neutralization of waste of hazard classes I - V, capital construction projects classified in accordance with the legislation in the field of environmental protection as objects of category I, other federal executive authorities have been identified.

4.2. State examination of design documentation of other capital construction projects and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the executive authority of a constituent entity of the Russian Federation or a subordinate state (budgetary or autonomous) institution at the location of the land plot on which construction is planned. , reconstruction of a capital construction facility.

4.4. Executive authorities, as well as institutions subordinate to them, the State Atomic Energy Corporation Rosatom, which are specified in parts 4 - 4.2 of this article, do not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.

5. The subject of the examination of the results of engineering surveys is to assess the compliance of such results with the requirements of technical regulations. The subject of the examination of design documentation is:

1) assessment of compliance of project documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electrical power systems and facilities electric power industry, the requirements for anti-terrorist security of the facility, the design instructions of the developer or technical customer, the results of engineering surveys, with the exception of cases of state examination of the design documentation of capital construction projects specified in part 2 of this article, and the design documentation specified in part 3 of this article, in in accordance with paragraph 1 of part 3.3 of this article. When conducting a state examination of project documentation in respect of which a state environmental examination is being carried out, an assessment of the compliance of the project documentation with requirements in the field of environmental protection is not carried out;

2) checking the reliability of determining the estimated cost of construction of capital construction projects in the cases established by part 2 of Article 8.3 of this Code.

5.1. When conducting an examination of design documentation prepared using cost-effective reuse design documentation, sections of the design documentation that have not been amended are not assessed for compliance of these sections with the requirements of technical regulations.

5.2. When conducting an examination of the design documentation of a capital construction project that is not a linear facility, an assessment is made of its compliance with the requirements specified in Part 5 of this article and in force on the date of issuance of the urban planning plan of the land plot, on the basis of which such design documentation was prepared, provided that with no more than one and a half years have passed since the specified date. When conducting an examination of design documentation linear object(except for cases where the construction or reconstruction of a linear facility does not require the preparation of territory planning documentation), its compliance with the requirements specified in Part 5 of this article and in force on the date of approval of the territory planning project, on the basis of which such project documentation was prepared, is assessed, provided that no more than one and a half years have passed since the specified date. If more than one and a half years have passed since the date of issuance of the urban planning plan of the land plot or the date of approval of the territory planning project, during the examination of the project documentation, an assessment is made of its compliance with the requirements specified in Part 5 of this article and in force on the date of receipt of the project documentation for examination. When conducting an examination of the design documentation of a linear facility, for the construction or reconstruction of which preparation of territory planning documentation is not required, the compliance of this design documentation with the requirements specified in Part 5 of this article and in force on the date of receipt of the design documentation for examination is assessed. In case of amendments to the design documentation and (or) the results of engineering surveys that have received a positive conclusion from the examination of design documentation and (or) examination of the results of engineering surveys, during the examination of the design documentation and (or) results of engineering surveys in which the specified changes, or when confirming the compliance of changes made to the design documentation with the requirements provided for in parts 3.8 and 3.9 of this article, an assessment of the compliance of the design documentation and (or) the results of engineering surveys is carried out or confirmation of compliance of the changes made in the design documentation with the requirements specified in part 5 of this article and applied in accordance with this part during the initial examination of design documentation and (or) examination of the results of engineering surveys, the results of which resulted in a positive conclusion from the examination of design documentation and (or) examination of the results of engineering surveys.

5.3. Design documentation and (or) the results of engineering surveys, as well as other documents necessary for the examination of design documentation and (or) results of engineering surveys, are submitted in electronic form, including in the form of an information model, except in cases where the documents required for carrying out state examination of design documentation and (or) the results of engineering surveys, contain information constituting a state secret.

5.4. The executive authority or organization that carried out the examination of design documentation and (or) engineering survey results ensures non-disclosure of design decisions and other confidential information, which became known to this executive body or this organization in connection with the examination, except for cases where this information is subject to inclusion in state information systems or forwarding to authorized bodies, organizations in accordance with this Code and other federal laws.

5.5. In the event that, after receiving a positive conclusion from the state examination of the design documentation, within the framework of which the conformity of the design documentation was assessed to the extent provided for in paragraph 1 of part 5 of this article, it is necessary to verify the reliability of the determination of the estimated cost of construction of capital construction projects in the cases established by part 2 of the article 8.3 of this Code, an additional state examination of the design documentation is carried out in the amount provided for in paragraph 2 of part 5 of this article (provided that no changes have been made to the design documentation).

6. It is not allowed to conduct any other examinations of project documentation, with the exception of the examination of project documentation provided for in this article, the state historical and cultural examination of project documentation for carrying out work to preserve cultural heritage sites, as well as the state environmental examination of design documentation for objects whose construction or reconstruction is expected carry out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, within the boundaries of specially protected natural areas, in the Baikal natural territory, design documentation of facilities used for disposal and (or) disposal of waste I - V hazard classes, artificial land plots on water bodies, design documentation of objects classified in accordance with the legislation in the field of environmental protection as objects of category I, with the exception of design documentation of boreholes created on a land plot provided to the subsoil user and necessary for regional geological study, geological study, exploration and production of oil and natural gas.

6.1. To carry out the state examination of design documentation and the state environmental examination of design documentation of objects, the construction or reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, in the Baikal natural territory, such design documentation in the manner established by the Government of the Russian Federation is submitted in:

1) federal executive body authorized to carry out state examination of design documentation in relation to objects, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas of federal significance, in the Baikal natural territory, and in relation to particularly dangerous, technically complex and unique objects , defense and security facilities, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, in cases where the construction and reconstruction of such objects within the boundaries of specially protected natural areas are permitted by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

2) the executive body of the constituent entity of the Russian Federation authorized to carry out state examination of design documentation in relation to objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, with the exception of design documentation of objects specified in paragraph 1 of this part .

6.2. The federal executive body, the executive body of the constituent entity of the Russian Federation, the State Atomic Energy Corporation Rosatom, authorized to conduct state examination of design documentation and, in accordance with Part 4 of this article, carrying out such state examination, send the design documentation of the facilities submitted by the developer or technical customer , specified in subparagraph 7.1 of Article 11 and subparagraph 4.1 of Article 12 of the Federal Law of November 23, 1995 N 174-FZ “On Environmental Expertise”, for state environmental expertise in the manner established by this Federal Law.

6.3. The results of the state examination of project documentation and the state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas in the Baikal natural territory, are the corresponding conclusions.

7. The duration of the state examination is determined by the complexity of the capital construction project, but should not exceed forty-two working days. This period may be extended at the request of the developer or technical customer by no more than twenty working days.

7.1. It is not allowed to issue an expert opinion on design documentation and (or) the results of engineering surveys before information about such a conclusion is included in the unified state register of expert opinions on design documentation for capital construction projects, except in cases where the documents required for the state expert examination of project documentation and (or) the results of engineering surveys contain information constituting a state secret.

8. The grounds for refusal to accept design documentation and (or) the results of engineering surveys aimed at examination are:

1) the absence of sections in the design documentation that are subject to inclusion in such documentation in accordance with the requirements established by the Government of the Russian Federation;

2) preparation of project documentation by a person who does not meet the requirements specified in parts 4 and 5 of Article 48 of this Code;

4) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of this Code;

5) execution of engineering surveys, the results of which are sent for examination, by a person who does not meet the requirements specified in parts 2 and 3 of Article 47 of this Code;

6) sending for examination not all documents provided for by the Government of the Russian Federation in accordance with Part 11 of this article;

9. The result of the examination of the results of engineering surveys is a conclusion on compliance (positive conclusion) or non-compliance (negative conclusion) of the results of engineering surveys with the requirements of technical regulations. The result of the examination of project documentation is the conclusion:

1) on compliance (positive conclusion) or non-compliance (negative conclusion) of the design documentation with the results of engineering surveys, the design assignment, the requirements provided for in paragraph 1 of part 5 of this article (except for cases of examination of design documentation in accordance with paragraph 1 of part 3.3 of this article );

2) on the reliability (positive conclusion) or unreliability (negative conclusion) of determining the estimated cost of construction of capital construction projects in the cases established by part 2 of Article 8.3 of this Code.

12. In case of disagreement with the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys, the developer, technical customer or their representative, within three years from the date of approval of such a conclusion, has the right to appeal it to the expert commission created by the federal executive body exercising the functions of development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning, in the manner established by the specified federal executive body. The decision of such an expert commission to confirm or not confirm the conclusion of the state examination or non-state examination is mandatory for the body or organization that carried out the relevant examination of the design documentation and (or) examination of the results of engineering surveys, the developer, the technical customer.

Commentary to Art. 49 Civil Code of the Russian Federation

1. The commented article is also a novelty, since in the 1998 Civil Code there was no special article devoted to the issues of state examination of design documentation.

The concept of project documentation is enshrined in, according to which project documentation is documentation containing materials in text form and in the form of maps (diagrams) and defining architectural, functional-technological, constructive and engineering solutions for ensuring the construction, reconstruction of capital construction projects, their parts, major repairs, if their implementation affects the structural and other characteristics of the reliability and safety of the capital construction project.

Federal Law No. 210-FZ of December 31, 2005 “On Amendments to the Urban Planning Code of the Russian Federation” also provides for the need to conduct a state examination of the results of engineering surveys. This is due to the fact that the correct development of all project documentation and, ultimately, the safety of the entire capital construction project depends on the quality and completeness of the engineering surveys carried out.

It should be noted that before the entry into force of the commented article by the Instruction on the procedure for conducting state examination of construction projects RDS 11-201-95 (approved by Resolution of the Ministry of Construction of Russia dated April 24, 1995 N 18-39; as amended by N 1, approved. Resolution of the State Construction Committee of Russia dated January 29, 1998 N 18-10) provided for the state examination of engineering survey materials. In accordance with the commented article 49 of the Civil Code of the Russian Federation, only the results of engineering surveys are subject to examination.

The results of engineering surveys in accordance with represent a document on the completed engineering surveys, containing materials in text form and in the form of maps (diagrams) and reflecting information about the tasks of engineering surveys, the location of the territory on which construction or reconstruction of a capital construction project is planned, types, volume, methods and timing of engineering survey work, the results of a comprehensive study of the natural and man-made conditions of the specified territory, including the results of the study, assessment and forecast of possible changes in the natural and man-made conditions of the specified territory in relation to the capital construction project during the construction, reconstruction of such a facility and after their completion and on the results of assessing the impact of construction, reconstruction of such a facility on other capital construction projects.

The commented article clearly defines capital construction projects, the design documentation of which is not subject to state examination, cases when state examination of the results of engineering surveys is not required, the subject and timing of the state examination, the grounds for refusing to accept design documentation and the results of engineering surveys for state examination.

2 - 3.1. Parts 2 and 3 of the commented article establish a list of objects whose design documentation is not subject to state examination. It should be noted that this list is significantly expanded in comparison with the list of objects whose design documentation was not subject to state examination before the entry into force of the commented article. Thus, according to clause 2 of the Regulations on the conduct of state examination and approval of urban planning, pre-design and design documentation (approved by Decree of the Government of the Russian Federation of December 27, 2000 N 1008), project documentation was subject to state examination, regardless of the sources of its financing and the form of ownership of the objects ( enterprises, buildings and structures) for which it was developed. An exception to this rule was documentation for objects construction works which do not affect their structural and other reliability and safety characteristics and for the construction, expansion, reconstruction, technical re-equipment, overhaul, conservation and liquidation of which no permit is required.
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NW RF. 2001. N 1 (part 2). Art. 135.

Part 3 of the commented article talks about standard design documentation, which is not subject to state examination. It should be noted that this concept has a different meaning than the concept of “standard design documentation” used before the adoption of the Civil Code of the Russian Federation.

Thus, previously, issues of standard design documentation were regulated by SN 227-82 “Instructions for standard design” (approved by Decree of the USSR State Construction Committee of May 18, 1982 N 141, and from January 1, 2002, SNiP 11-03-2001 “Standard design documentation "; approved by Resolution of the State Construction Committee of Russia dated November 29, 2001 No. 122). According to these standards, standard design documentation means those developed on the basis of unification and typification of space-planning solutions and included in Federal Fund documentation in construction - sets of documents for the creation of buildings and structures, structures, products and assemblies for repeated use in construction, containing text and graphic materials. Typical design documentation, depending on the purpose, is of the following types: standard building structures, products and components, standard projects and standard materials for design. The decision to assign the developed design documentation the status of “standard” is made by the federal body for architecture and urban planning. The approved standard design documentation is subject to inclusion in the Standard Design Documentation Fund. The significance of standard design documentation lies in the fact that if such documentation is submitted for examination, the examination is carried out, as a rule, only in relation to the bases and foundations of the object. These standards have been cancelled.
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Rationing in construction and housing and communal services. 2002. N 1.

The Town Planning Code of the Russian Federation puts a different meaning into standard design documentation. This can be any design documentation that has received a positive conclusion from the state examination. It is not required to be approved by any special body or included in any funds. At the same time, design documentation that is a modification of standard design documentation is also not subject to state examination, if the design and other characteristics of the reliability and safety of capital construction projects provided for by standard design documentation are not affected.

Part 3.1 of the commented article establishes cases when a state examination of the results of engineering surveys is not required. State examination of the results of engineering surveys is not carried out in virtually all cases where engineering surveys were carried out to prepare design documentation for which state examination is not carried out. The exception is cases when construction or reconstruction of an object is planned according to standard design documentation or its modification. In these cases, despite the fact that state examination of such design documentation is not required, state examination of the results of engineering surveys should be carried out in mandatory(with the exception of design documentation for capital construction projects provided for in Part 2 of the commented article).

3.2. Part 3.2 of the commented article establishes the procedure for submitting the results of engineering surveys for state examination. The results of engineering surveys can be sent for state examination simultaneously with the design documentation. In this case, a state examination of the results of engineering surveys and design documentation is carried out simultaneously. The results of engineering surveys may also be sent for state examination before the design documentation is sent for state examination. In this case, first only a state examination of the results of engineering surveys is carried out. State examination of design documentation is carried out only if there is a positive conclusion from the state examination of the results of engineering surveys.

4 - 4.2. Parts 4 - 4.2 of the commented article (as amended by Federal Law No. 232-FZ of December 18, 2006) define the circle of entities authorized to conduct state examination of design documentation and engineering survey results. Initially, the Civil Code of the Russian Federation provided that state examination of design documentation is carried out only by the federal executive body and the state institution subordinate to it. However, before the commented article comes into force, Federal Law No. 199-FZ of December 31, 2005 “On Amendments to Certain legislative acts Russian Federation in connection with improving the division of powers." Thus, at the federal level, an examination of the design documentation of objects is carried out, the construction, reconstruction, major repairs of which are supposed to be carried out in the territories of two or more constituent entities of the Russian Federation, in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, objects defense and security, other objects, information about which constitutes a state secret, objects of cultural heritage of federal significance (during major repairs in order to preserve them), especially dangerous, technically complex and unique objects, as well as the results of engineering surveys carried out to prepare project documentation the specified objects.

It should be noted that according to the Federal Law of July 21, 1993 N 5485-1 “On State Secrets”, objects the information about which constitutes a state secret include material objects in which information constituting a state secret is displayed in the form of symbols , images, signals, technical solutions and processes. At the same time, state secrets are understood as information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the dissemination of which could harm the security of the Russian Federation. The list of information constituting a state secret is classified as a state secret on the grounds and in the manner established by federal legislation.
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NW RF. 1997. N 41. Art. 8220 - 8235; 1997. N 41. Art. 4673.

To objects of cultural heritage, according to Art. 3 of the Federal Law of June 25, 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, includes objects of real estate with associated works of painting, sculpture, decorative and applied arts, objects of science and technology and other objects of material culture that arose as a result of historical events, which are valuable from the point of view of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, authentic sources information about the origin and development of culture.
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NW RF. 2002. N 26. Art. 2519.

A closed list of especially dangerous, technically complex objects, criteria for classifying objects as unique have been established (introduced by Federal Law of December 18, 2006 N 232-FZ).

State examination of project documentation at the federal level is carried out by the federal executive body, which carries out the functions of implementing state policy, providing public services, managing state property in the field of construction, urban planning, and industry. building materials and housing and communal services, or a state (budgetary or autonomous) institution subordinate to it. Currently, in accordance with Government Decree No. 286 of June 16, 2004, such powers are vested in the Federal Agency for Construction and Housing and Communal Services (Rosstroy). A presidential decree may determine another body authorized to conduct a state examination of the design documentation of defense and security facilities. A regulatory legal act of the Government may determine other federal executive bodies authorized to carry out state examination of design documentation of objects, construction, reconstruction, major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea RF.
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NW RF. 2004. N 25. Art. 2568.

Executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination of project documentation, and state (budgetary or autonomous) institutions subordinate to them at the location of the land plot on which it is planned to carry out construction, reconstruction, major repairs of a capital construction project, conduct state examination of project documentation of other capital construction projects and the results of engineering surveys carried out to prepare such design documentation. From general rule one exception has been established: thus, the Russian Federation transfers to the state authorities of the constituent entity of the Russian Federation - the federal city of Moscow, for a period until January 1, 2011, also the exercise of powers to organize and conduct state examination of design documentation of unique capital construction projects, construction, reconstruction, major repairs of which is supposed to be carried out on the territory of a constituent entity of the Russian Federation - the federal city of Moscow (Part 1, Article 4.2 of the Federal Law “On the implementation of the Town Planning Code of the Russian Federation” (as amended on December 18, 2006)).

Control and supervision over the completeness and quality of the implementation by public authorities of the constituent entities of the Russian Federation of the delegated powers to organize and conduct state expertise is carried out by the federal executive body, which carries out the functions of implementing state policy, providing public services, managing state property in the field of construction, urban planning, construction industry materials and housing and communal services (Rosstroy). In addition, Rosstroy is vested with the right to send instructions from the government body of the constituent entities of the Russian Federation to eliminate identified violations in the exercise of delegated powers to organize and conduct state examinations, as well as to hold officials responsible for the exercise of delegated powers. If necessary, Rosstroy prepares and submits proposals to the Government of the Russian Federation for decision-making on the withdrawal of relevant powers from public authorities of the constituent entities of the Russian Federation ().

The exercise of the powers of the Russian Federation to organize and conduct state examinations is transferred to the state authorities of the constituent entities of the Russian Federation without the provision of subventions from the federal budget. Funding for the authority to organize and conduct state examination of project documentation is carried out at the expense of the developer (customer) who sent the project documentation for state examination.

5. The subject of state examination of design documentation and engineering survey results has also changed significantly.

Thus, when conducting a state examination of design documentation, in accordance with clause 4 of the Regulations, verification of its compliance with the initial data was ensured, technical specifications and requirements for the design and construction of facilities issued by state supervision and control bodies and interested organizations. According to the Instruction on the procedure for conducting state examination of construction projects RDS 11-201-95 (approved by Resolution of the Ministry of Construction of Russia dated April 24, 1995 N 18-39; as amended by No. 1, approved by Resolution of the State Construction Committee of Russia dated January 29, 1998 . N 18-10) during the examination of construction projects the following were checked:

— compliance of the decisions made with the rationale for investments in the construction of the facility, other pre-design materials, design assignments, as well as initial data, technical conditions and requirements issued by interested organizations and government supervisory authorities when agreeing on the location of the facility;

— availability of necessary approvals of the project with interested organizations and government supervisory authorities;

— economic necessity and economic feasibility of the planned construction based on the social need for the results of the functioning of the designed facility, the competitiveness of its products (services) in the domestic and foreign markets, the availability of natural and other resources;

— selection of a construction site (route) taking into account urban planning, engineering-geological, environmental and other factors and approvals of local authorities in terms of land use, development of social and industrial infrastructure of the territories, results comparative analysis options for site (route) placement;

— the validity of determining the capacity (capacity, throughput) of the facility based on the adopted design decisions, the provision of raw materials, fuel, energy and other resources, the need for manufactured products or services provided;

— optimality of decisions on the general plan, their interconnection with the approved urban planning documentation, rationality of decisions on the density of development of the territory and length engineering communications;

— the validity of the adopted space-planning decisions and dimensions of buildings and structures based on the need for their rational use for the location of production and the creation of favorable sanitary, hygienic and other safe conditions for workers;

— reliability of determining the cost of construction;

— assessment of the effectiveness of investments in the construction of the facility and the conditions for its implementation and other issues.

Since the entry into force of the commented article of the Civil Code of the Russian Federation, the range of issues considered during the state examination has narrowed significantly.

The subject of the state examination of design documentation is the assessment of compliance of design documentation with the requirements of technical regulations, as well as the results of engineering surveys.

As for the state examination of engineering surveys, according to the Instruction on the procedure for conducting state examination of construction projects RDS 11-201-95 (approved by Resolution of the Ministry of Construction of Russia dated April 24, 1995 N 18-39; as amended by No. 1, approved by Resolution Gosstroy of Russia dated January 29, 1998 N 18-10) and Methodical recommendations for the examination of engineering survey materials for feasibility studies (projects, detailed designs) for the construction of facilities (approved by the Glavgosexpertiza of Russia dated April 27, 1999 N MDS 11-5.99) the examination of engineering survey materials was carried out in order to establish their completeness, completeness, and compliance requirements of construction norms and rules of the State Committee for Construction of Russia and other regulatory documents in force on the territory of the Russian Federation, the sufficiency of these materials for the development of design documentation and geodetic support for construction. The criterion for assessing the completeness and quality of engineering survey materials is to provide the necessary and sufficient data to make informed and cost-effective engineering decisions on a construction project.

Currently, in accordance with Part 5 of the commented article, the subject of state examination of engineering survey results is the assessment of compliance of such results with the requirements of technical regulations.

Thus, the state examination is carried out solely for the purpose of establishing the safety of the planned facility, but not the economic feasibility of the project or its compliance with the requirements of urban planning regulations.

At the same time, during the construction, reconstruction, and overhaul of capital construction projects at the expense of budgetary funds, the question of the reliability, validity and efficiency of the use of funds from the corresponding budgets allocated for capital investments arises. In connection with this, Federal Law No. 232-FZ of December 18, 2006 “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” introduced corresponding amendments to Article 14 of Federal Law No. 39-FZ of February 25, 1999 "About investment activities in the Russian Federation, carried out in the form of capital investments.” Thus, the new edition of this article provides mandatory verification estimated cost investment projects(which includes project documentation), financed in whole or in part from the federal budget, budgets of the constituent entities of the Russian Federation, local budgets, for effectiveness, reliability and assessment of the validity of the use of funds from the relevant budgets. Based on the results of such an audit, a conclusion is issued on the effectiveness, reliability and assessment of the validity of the use of funds from the relevant budgets. However, financing of such projects is allowed only if there is a positive conclusion. At the same time, the absence of such a conclusion or a negative conclusion is not an obstacle to obtaining a construction permit, because contains an exhaustive list of documents required to obtain such permission, and does not provide a conclusion on the effectiveness, reliability and assessment of the validity of the use of funds from the relevant budgets.

The procedure for conducting an audit and issuing conclusions on effectiveness, reliability and assessing the validity of the use of federal budget funds is determined by the Government of the Russian Federation, funds from the budgets of the constituent entities of the Russian Federation and local budgets - by the legislation of the constituent entities of the Russian Federation.

It should be noted that this approach does not seem to be entirely effective, since in this case the state examination of design documentation and verification of the estimated cost of the project, which cannot be carried out without taking into account all design and technical solutions, i.e. without analysis of the design documentation as a whole, separated. In addition, this conclusion must be issued by all levels of government, budget resources which are used. So, for example, an object is being built at the expense of the federal budget and the budget of a constituent entity of the Russian Federation and is not included in the list of objects identified, the state examination of the design documentation of which is organized and carried out by state authorities of the Russian Federation. The state examination of the design documentation of such an object is carried out by the authorized executive body of the constituent entity of the Russian Federation, and a conclusion on the effectiveness, reliability and assessment of the validity of the use of funds, in addition authorized body subject of the Russian Federation must also be issued by an authorized federal body. Thus, in practice, this rule can lead to duplication of powers of authorities at different levels, delaying project financing, and, consequently, increasing the construction time of such a facility.

6. According to Part 6 of the commented article, it is not allowed to conduct other state examinations of project documentation, with the exception of the examinations provided for by this article of the Civil Code of the Russian Federation. The consolidation of this provision is due to the fact that a number of federal laws provided for the need to conduct certain types of state examinations of design documentation, which caused difficulties in practice and led to the emergence of administrative barriers, which ultimately affected the pace and cost of construction. At the same time, in accordance with Part 5 of Article 49 of the Civil Code of the Russian Federation, the state examination assesses the compliance of project documentation with the requirements of technical regulations, including sanitary-epidemiological, environmental requirements, requirements for state protection of cultural heritage sites, fire, industrial, nuclear, radiation and other safety requirements , as well as the results of engineering surveys. Thus, the subject of state examination of design documentation covers the subject of other examinations of design documentation provided for by federal laws.

In order to bring legislation into compliance with the Town Planning Code of the Russian Federation and eliminate unnecessary administrative barriers during construction, Federal Law No. 232-FZ of December 18, 2006 “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” was adopted. Thus, in order to establish a unified examination of project documentation, corresponding changes were made to the Federal Law of December 21, 1994 N 68-FZ “On the protection of the population and territories from natural and man-made emergencies”, Federal Law of November 17, 1995 N 169 -FZ “On architectural activities in the Russian Federation”, Federal Law of November 21, 1995 N 170-FZ “On the Use of Atomic Energy”, Federal Law of November 23, 1995 N 174-FZ “On Environmental Expertise”, Federal Law dated January 10, 1996 N 4-FZ “On land reclamation”, Federal Law dated May 2, 1997 N 76-FZ “On the destruction of chemical weapons”, Federal Law dated July 21, 1997 N 116-FZ “On industrial safety of dangerous production facilities", Federal Law of July 21, 1997 N 117-FZ "On the Safety of Hydraulic Structures", Federal Law of March 30, 1999 N 52-FZ "On the Sanitary and Epidemiological Welfare of the Population", Labor Code of the Russian Federation, Federal Law of 25 June 2002 N 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, etc. Changes made to these regulatory legal acts provide for state examination of design documentation only in accordance with the Town Planning Code of the Russian Federation.
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NW RF. 1994. N 35. Art. 3648.

NW RF. 1995. N 47. Art. 4473.

NW RF. 1995. N 48. Art. 4552.

NW RF. 1995. N 48. Art. 4556.

NW RF. 1996. N 3. Art. 142.

NW RF. 1997. N 18. Art. 2105.

NW RF. 1997. N 30. Art. 3588.

NW RF. 1997. N 30. Art. 3589.

NW RF. 1999. N 14. Art. 1650.

The press has repeatedly expressed the opinion that the law excludes the conduct of all targeted examinations of project documentation, including sanitary-epidemiological, environmental and other examinations. However, this provision is not true. The law does not exclude or cancel these types of examinations of project documentation. All types of targeted examinations are retained, but will be carried out within the framework of a unified state examination of project documentation.

Part 6 of the commented article, which provides for a ban on conducting other types of state examination of design documentation, with the exception of those provided for by the Civil Code of the Russian Federation, as well as the provisions of Federal Law of December 18, 2006 N 232-FZ, aimed at establishing a unified state examination of design documentation, come into force from January 1, 2007. It should be noted that Law No. 232-FZ introduced an amendment to Part 6 of the commented article, establishing an exception from the principle of unified state examination of design documentation established by the Civil Code of the Russian Federation - in relation to design documentation of objects, construction, reconstruction, major repairs which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation; environmental assessment is retained as an independent type, which is due to the specific nature of activities in these territories. Cases where an environmental assessment of project documentation is required are exhaustive and are not subject to broad interpretation. Environmental impact assessment in such cases is carried out in accordance with Federal Law of November 23, 1995 N 174-FZ “On Environmental Impact Assessment”.

7 - 11. Parts 7 - 11 of the commented article 49 of the Town Planning Code of the Russian Federation regulate the main procedural issues of conducting state examination of design documentation and engineering survey results. The detailed procedure for organizing and conducting state examination of design documentation and engineering survey results, the amount of fees for conducting state examination of design documentation and engineering survey results and the procedure for its collection are established by the Government of the Russian Federation:

Decree of the Government of the Russian Federation of March 5, 2007 N 145 “On the procedure for organizing and conducting state examination of design documentation and engineering survey results.”

To conduct a state examination, the applicant submits the established list of documents to the expert organization. The organization conducting the state examination has the right to additionally request from the applicant to provide calculations of design and technological solutions used in the design documentation, as well as engineering survey materials. The above calculations and materials must be submitted by the applicant within 5 days after receiving the relevant request. Requesting other information and documents from applicants is not allowed. Design documentation for a capital construction project may be presented in relation to individual stages of construction and reconstruction of a capital construction project.

The organization conducting the state examination checks them within 3 working days from the date of receipt of documents from the applicant. Duration of inspection in relation to objects of examination federal level should not exceed 10 working days.

Within the specified time frame, the applicant is presented (sent) a draft agreement with a calculation of the amount of the fee for conducting the state examination, signed by the organization for conducting the state examination, or motivated refusal in accepting documents submitted for state examination, or these documents must be returned without consideration.

Documents submitted for state examination are subject to return to the applicant without consideration on the following grounds:

a) state examination must be carried out by another organization for conducting state examination;

b) the submitted design documentation and (or) the results of engineering surveys performed to prepare such design documentation are not subject to state examination.

The grounds for refusal to accept design documentation and (or) engineering survey results submitted for state examination are:

a) absence of sections provided for in the design documentation;

b) non-compliance of sections of project documentation with the requirements for the content of sections of project documentation established in accordance with Part 13 of Article 48 of the Town Planning Code of the Russian Federation;

c) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of the Town Planning Code of the Russian Federation;

d) submission of not all documents necessary for the state examination, including the absence of a positive conclusion from the state examination of the results of engineering surveys (in the event that the design documentation is sent for state examination after the state examination of the results of engineering surveys).

If the documents submitted for the state examination are returned without consideration or the documents are refused to be accepted, the specified documents are returned (with the exception of the application for the state examination) to the applicant.

If deficiencies in the documents submitted by the applicant, which served as the basis for refusing to accept them for state examination, can be eliminated without returning these documents and the applicant does not insist on their return, the organization conducting the examination sets a period for eliminating such deficiencies, which should not exceed 30 days.

Legal regulation of the contract is carried out according to the rules established civil law of the Russian Federation in relation to the contract for the provision of paid services. The agreement defines:

a) the subject of the contract;

b) the period for conducting the state examination and the procedure for its extension within the limits established by the Town Planning Code of the Russian Federation and these Regulations;

c) the amount of the fee for conducting the state examination;

d) the procedure, permissible limits and deadlines for making changes to the design documentation and (or) the results of engineering surveys in the process of conducting state examination;

e) the procedure and terms for returning to the applicant documents accepted for the state examination;

f) the terms of the contract, the violation of which is considered a significant violation, giving the parties the right to raise the issue of its early termination;

g) responsibility of the parties for non-fulfillment and (or) improper fulfillment of obligations arising from the contract, including for untimely return or acceptance of documents submitted for state examination.

The subject of the state examination of design documentation is the assessment of its compliance with the requirements of technical regulations, including sanitary and epidemiological, environmental requirements, requirements for state protection of cultural heritage sites, fire, industrial, nuclear, radiation and other safety requirements, as well as the results of engineering surveys. The subject of the state examination of the results of engineering surveys is the assessment of their compliance with the requirements of technical regulations.

Before technical regulations on the organization of the territory, placement, design, construction and operation of buildings, structures, structures come into force in accordance with the established procedure, a check is carried out for compliance of design documentation and engineering survey results with the requirements of the law, regulatory technical documents insofar as they do not contradict the Federal Law “On Technical regulation” and the Urban Planning Code of the Russian Federation.

The state examination begins after the applicant submits documents confirming payment of the fee for the state examination in accordance with the agreement, and ends with the sending (delivery) of the state examination report to the applicant.

The duration of the state examination should not exceed 3 months. A state examination is carried out within no more than 45 days:

a) the results of engineering surveys that are sent for state examination before the design documentation is sent for this examination;

b) design documentation or design documentation and the results of engineering surveys in relation to residential capital construction projects that are not related to unique objects;

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

The legislation of the constituent entities of the Russian Federation may establish more short time carrying out state examination of objects, state examination of design documentation and (or) the results of engineering surveys for which is carried out by executive authorities of the constituent entities of the Russian Federation or government agencies subordinate to them.

When conducting a state examination of design documentation, prompt changes to the design documentation can be made in the manner established by the contract.

When conducting a state examination, the organization for conducting the state examination has the right to:

a) demand from government authorities, bodies local government and organizations, information and documents necessary for conducting state examination;

b) involve other state and (or) non-state organizations, as well as specialists, on a contractual basis in carrying out the state examination.

State authorities, local government bodies and organizations, no later than 10 days from the date of receipt of a written request from an organization for conducting a state examination to provide it with information and (or) documents necessary for conducting a state examination, send this organization the requested information and (or) documents or notify in writing of the impossibility of submitting them, indicating the reasons.

The result of the state examination is a conclusion containing conclusions about compliance (positive conclusion) or non-compliance (negative conclusion):

a) design documentation in accordance with the requirements of technical regulations and the results of engineering surveys - if a state examination of the design documentation was carried out;

b) the results of engineering surveys in accordance with the requirements of technical regulations - if a state examination of the results of engineering surveys was carried out;

c) design documentation in accordance with the requirements of technical regulations and the results of engineering surveys, the results of engineering surveys in accordance with the requirements of technical regulations - in the event that a state examination of the design documentation and results of engineering surveys was simultaneously carried out.

If deficiencies are identified in the design documentation and (or) results of engineering surveys during the state examination (lack (incompleteness) of information, descriptions, calculations, drawings, diagrams, etc.), which do not allow drawing conclusions about its compliance with established requirements, the organization conducting the state examination immediately notifies the applicant of the identified deficiencies and, if necessary, sets a deadline for their elimination. If the identified deficiencies cannot be eliminated during the state examination or the applicant fixed time have not eliminated them, the organization conducting the state examination has the right to refuse further examination and raise the issue of early termination of the contract, of which it will notify the applicant in writing indicating the reasons for the decision.

The conclusion of the state examination is signed by the state experts who participated in the examination, and approved by the head of the organization for conducting the state examination or an official authorized by such a head. Requirements for the composition, content and procedure for drawing up the conclusion of the state examination are established Federal agency on construction and housing and communal services.

Project documentation cannot be approved by the developer or customer if there is a negative conclusion from the state examination of the project documentation. A negative conclusion of a state examination may be challenged by the developer or customer in court.

The organization for conducting state examination maintains a register of issued state examination conclusions, which indicates:

a) identification information about the performers of the work;

b) identification information about the capital construction project, design documentation and (or) the results of engineering surveys in respect of which are submitted for state examination;

c) identification information about the developer and the customer;

d) information about the result of the state examination (negative or positive conclusion);

e) date of issue and details of the conclusion.

The information contained in the register of issued state examination reports is open and is provided to any person within 10 days from the date the organization conducting the state examination receives a written request. The procedure for maintaining the register of issued state examination reports and providing information contained in the register is established by the Federal Agency for Construction and Housing and Communal Services.

When a state examination is carried out, a state examination case is opened. State examination cases are classified as permanent archival documents. Their destruction, as well as correction and (or) seizure of documents contained in them is not allowed. The state examination file includes:

a) applications for state examination (primary and repeated);

b) a copy of the agreement;

c) documents containing conclusions made by organizations and (or) specialists involved on a contractual basis in conducting the examination;

d) conclusions of the state examination (primary and repeated);

e) other documents (copies of documents) related to the conduct of the state examination, as determined by the legislation of the Russian Federation and the organization for conducting the state examination.

In case of loss of the state examination conclusion, the applicant has the right to receive a duplicate of this conclusion from the organization conducting the state examination. A duplicate is issued free of charge within 10 days from the date the specified organization receives a written request.

Design documentation and (or) the results of engineering surveys can be sent again (2 or more times) to the state examination after eliminating the deficiencies indicated in the negative conclusion of the state examination, or when making changes to the design documentation that received a positive conclusion from the state examination, in terms of changes technical solutions that affect the structural reliability and safety of a capital construction project.

Repeated state examination is carried out in the manner prescribed by the Regulations for conducting the initial state examination.

If the deficiencies that served as the basis for the negative conclusion of the state examination can be eliminated without returning these documents and the applicant does not insist on their return, the organization for conducting the state examination sets a deadline for eliminating such deficiencies. In this case, the documents submitted for state examination are not returned to the applicant. After they have been finalized, the applicant submits to the organization for conducting state examination a part of the design documentation and (or) the results of engineering surveys with the changes made and a certificate describing these changes.

During the repeated state examination, the part of the design documentation and (or) engineering survey results to which changes have been made, as well as compatibility, is subject to expert assessment changes made with design documentation and (or) the results of engineering surveys, in respect of which a state examination was previously carried out.

If, after the initial (previous repeated) state examination, changes are made to the legislation of the Russian Federation that may affect the results of the state examination, the submitted design documentation and (or) engineering survey results in full may be subject to expert assessment.

State examination of project documentation is carried out at the expense of the applicant. Payment for services for conducting a state examination is made regardless of the result of the state examination.

1. The commented article is devoted to expert activities in the field of construction and objects of examination.

The concept of “expertise” has not found its way general definition in the legislation of the Russian Federation. However, having analyzed the regulatory legal acts of the Russian Federation in the field of expert activity, one can see the component that unites all types of examinations - this is an assessment of the compliance of something with the requirements of the regulatory legal documents of the Russian Federation. At the same time, conformity assessment is “a direct or indirect determination of compliance with the requirements imposed on an object.” Requirements for an object, depending on its purpose, are usually set out in both regulatory legal and regulatory technical documents.
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Civil Code of the Russian Federation, Federal Law “On Environmental Expertise”, Federal Law of July 17, 2009 N 172-FZ “On Anti-Corruption Expertise of Regulatory Legal Acts and Draft Regulatory Legal Acts”.

Federal Law “On Technical Regulation” (Articles 5 and 6).

In Part 1 of the commented article, the legislator identifies such forms of examination as:

- state;

- non-state.

In the Model Law on State Expertise, the definition of the concept of “state expertise” is formulated as follows: “The activities of authorized organizations (expert organizations) and individuals (experts), carried out under state orders on a contractual basis and related to research, study, assessment of a specific object ( subject of examination), as well as with the preparation and execution of conclusions and recommendations ( expert opinions) on the subject of examination". It is obvious that this definition relates, first of all, to government orders, when the examination is carried out by order (instruction) of government bodies or state enterprises and is financed from the state budget.
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Model Law on State Expertise (adopted in St. Petersburg on December 7, 2002 by Resolution 20-7 at the 20th plenary meeting of the Interparliamentary Assembly of the CIS Member States).

At the same time, in the field of construction, state examination is carried out on behalf of both government bodies, organizations subordinate to them, and commercial organizations.

A distinctive feature of state examination from non-state examination is its mandatory nature.

Non-state examination, unlike the state examination, is carried out on a voluntary basis, that is, the developer or technical customer has the right to send the object (design documentation or engineering survey results) for examination to any expert organization authorized to conduct the examination (more about organizations that have the right to conduct non-state expertise in the field of construction, see, about persons who may be developers and (or) technical customers -).

In the field construction activities The legislator has identified the objects in respect of which the examination is carried out, regardless of whether it is state or non-state. Thus, the objects of examination include: design documentation and the results of engineering surveys that are prepared for a particular capital construction project (building, structure or structure).

The results of engineering surveys are drawn up in the form of a report, which can be sent for examination either independently or as part of already prepared project documentation.

2. Not all capital construction projects for which documentation and engineering survey results have been developed are subject to examination. Such objects, in accordance with Part 2 of the commented article, include:

1) objects of individual housing construction.

The legislator classifies as individual housing construction projects stand-alone residential buildings with no more than three floors, which are intended for one family (Article 11 of the Federal Law “On Energy Saving and Increasing Energy Efficiency”).

A residential building should be understood as an individually defined building, consisting of rooms, as well as premises for auxiliary use, which are intended to satisfy citizens’ household and other needs related to their residence in it. A residential building is one of the types of residential premises in accordance with the Housing Code of the Russian Federation and the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and apartment building emergency and subject to demolition or reconstruction (clause 5).

In the legislation, a family is understood as persons related by kinship and (or) affinity, living together and leading a joint household” (Article 1 of the Federal Law of October 24, 1997 N 134-FZ “On living wage in the Russian Federation").

In order for a residential building not to be subject to the requirements of the examination, it must have the following characteristics:

a) the presence of no more than 3 floors. In this case, basements, attics and ground floors can be taken into account as full-fledged residential floors;

b) availability functional purpose- for one family;

c) isolation from other houses.

Let us remind you that a residential building with no more than three floors, intended for one family, is classified as housing economy class(see Order of the Ministry of Construction of Russia dated May 5, 2014 N 223/pr “On approval of the conditions for classifying residential premises as economic class housing”);

2) residential buildings of blocked development, if the construction or reconstruction of such residential buildings is carried out without attracting funds from the budgets of the budgetary system of the Russian Federation.

The signs necessary to recognize a residential building as a house of blocked development are defined in the same Order of the Ministry of Construction of Russia dated May 5, 2014 N 223/pr, namely:

— the number of floors is no more than three;

— the presence of blocks (no more than 10), each of which is intended for one family;

- the presence of common walls without openings with neighboring blocks or an adjacent block;

- location on a separate plot of land;

— availability of access to public territory;

- lack of attraction Money for construction or reconstruction from the budget of the Russian Federation.

This type of residential premises also refers to economic class housing;

An apartment building is a collection of two or more apartments that have independent access to a plot of land adjacent to residential building, or into common areas in such a house (Part 6 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction).
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A broader definition of the concept of “apartment building” is given in the National Standard of the Russian Federation GOST R 51929-2014 “Housing and communal services and management of apartment buildings. Terms and definitions", approved. By order of Rosstandart of June 11, 2014 N 543-st.

In order for an apartment building not to be subject to examination, it must have the following characteristics:

— presence of no more than three floors;

— the presence of block sections on floors of no more than four, each of which must contain:

a) apartments (several), that is, structurally separate residential premises in apartment building, which provide direct access to common areas in such a house and consist of one or more rooms, as well as premises for auxiliary use, intended for citizens to satisfy household and other needs related to their residence in such a separate room (clause 5 of the Regulations on recognition of the premises as residential premises, residential premises as unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction);

c) a separate entrance with access to a common area;

— lack of raising funds for construction or reconstruction from the budget system of the Russian Federation;

4) detached buildings, structures and structures that:

a) are not intended for the residence of citizens and the implementation of production activities, understood as a set of actions of workers using means of labor that are necessary to transform resources into finished products, including production and processing various types raw materials, construction, provision of various types of services (Article 209 of the Labor Code of the Russian Federation);

b) are intended for production activities, have no more than two floors, and a total area of no more than 1,500 square meters. m and for which the establishment of sanitary protection zones is not required, with the exception of particularly dangerous, technically complex or unique objects.

Thus, if a capital construction facility used for production activities, in all its characteristics, purposes and properties, falls under the category of especially dangerous, technically complex or unique capital construction projects, then, regardless of the area and number of floors, it is subject to examination;

5) boreholes provided for by technical projects for the development of mineral deposits prepared, agreed upon and approved in accordance with the legislation of the Russian Federation on subsoil or other design documentation for the performance of work related to the use of subsoil areas.

A well is a cylindrical mine opening with a length (depth) of more than 5 m and a diameter of 75 mm, drilled through a mineral or rock using mechanical or non-mechanical drilling. For the concept and types of minerals, see Art. 337 Tax Code of the Russian Federation,
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Order of Rostekhnadzor dated December 1, 2011 N 680 “On approval of the Instructions for the application of ventilation schemes for excavation areas of mines with isolated removal of methane from the mined-out space using gas suction units.”

The legislator notes that boreholes that are provided for in the technical design for the development of mineral deposits or design documentation for the performance of work related to the use of subsoil areas are not subject to examination.

Legislator under mineral resources in Art. 337 of the Tax Code of the Russian Federation defines the products of the mining industry and quarrying, which are contained in the mineral raw materials (rock, liquid and other mixture) actually mined (extracted) from the subsoil (waste, losses). To extract minerals from the bowels of the earth, a set of interrelated mining operations (processes) is performed to extract them. This is the so-called development of mineral deposits.

There are several ways to develop mineral deposits:

— underground (mine), which is carried out using underground mine workings;

— open (quarry), which is carried out using open-pit mine workings;

— borehole, carried out using a system of drilled production wells;

- marine, which is carried out by work below sea level.

The legislator, therefore, has identified only one method of developing mineral deposits, which is not subject to examination - this is a well, provided that this well is included in the technical design or project documentation and has been agreed upon and approved in accordance with the legislation of the Russian Federation on subsoil (Article 23.2 of the Law of the Russian Federation of February 21, 1992 N 2395-1 “On subsoil”). The regulation on the preparation, coordination and approval of technical projects for the development of mineral deposits and other project documentation for the performance of work related to the use of subsoil areas, by type of mineral resources and type of subsoil use, was approved by Decree of the Government of the Russian Federation of March 3, 2010 N 118.

At the same time, the legislator introduces an exception to Part 2.1 of the commented Article 49 of the Civil Code of the Russian Federation, according to which the examination of project documentation is mandatory in relation to the above-mentioned objects specified in Part 2 of this article, if the construction and reconstruction of these objects is planned to be carried out within the boundaries of protected zones pipeline transport facilities.

Pipeline transport facilities are one of the engineering infrastructure facilities and one of the types of production facilities. In the current regulatory legal acts of the Russian Federation there is no definition of the concept of “pipeline transport facility”, however it can be found in the Model Law “On Pipeline Transport”, adopted by the Resolution of the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States dated April 19, 2001 N 17-5 (g . St. Petersburg): “A pipeline transport facility is a technological complex (part of a main pipeline), including pipelines, buildings, main and auxiliary equipment, installations and other devices that ensure its safe and reliable operation.” As we can see, this concept is quite broad, its individual components are regulated by various regulations of the Russian Federation (for example, see Order of Rostekhnadzor dated November 6, 2013 N 520 “On approval of Federal norms and rules in the field of industrial safety “Safety rules for hazardous industrial main pipeline facilities").

On the land plot on which the pipeline transport facility is located, the boundaries of security zones are established. Decree of the Government of the Russian Federation of June 20, 2006 N 384 approved the Rules for determining the boundaries of zones of protected objects and harmonizing urban planning regulations for such zones.

The boundary of the security zone is determined based on the size of the land plot on which the pipeline transport facility is located, the development of the land plot, the development around it, the terrain, as well as other conditions that ensure the safety of the protected objects. The distance from the boundaries of the land plot on which the protected objects are located to the boundaries of the specified zone should not exceed 1 km. For each protected pipeline transport facility, its own boundaries of the protection zone are established, taking into account its purpose and the given rules. For example, the boundaries of security zones in relation to main pipelines are determined in accordance with the Rules for the Protection of Main Pipelines (approved by Resolution of the State Mining and Technical Supervision of the Russian Federation dated April 24, 1992 No. 9, approved by the Ministry of Fuel and Energy of the Russian Federation on April 29, 1992).

An examination is also not required in the cases described in parts 3 and 3.1 of the commented article, namely:

1) in relation to design documentation for the construction or reconstruction of buildings, structures, structures for which a construction permit is not required, as well as in relation to modified design documentation.

Cases in which obtaining permits for the construction and reconstruction of capital construction projects are not required, and therefore no examination of project documentation is required, are defined in (see paragraph 6 of the commentary to Article 51). It should be taken into account that the legislator has also given the right to establish cases when the issuance of a construction permit is not required to the constituent entities of the Russian Federation (see, for example, Resolution of the Moscow Government of August 27, 2012 N 432-PP “On the list of cases in which obtaining a permit for no construction required");

2) in relation to design documentation (its sections), which is prepared for major repairs of buildings, structures, structures.

The concept of major repairs of capital construction projects is enshrined in clauses 14.2 and 14.3 of Art. 1 Civil Code of the Russian Federation (see commentary to this article).

An exception is provided for the examination of design documentation prepared for such a capital construction project as public roads, during major repairs of which a state examination is mandatory.

Public highways are recognized as highways that are intended for the movement of vehicles of an unlimited number of persons (see Article 5 of the Federal Law of November 8, 2007 N 257-FZ “On highways and road activities in the Russian Federation and on amendments to separate legislative acts of the Russian Federation"). Project documentation for the overhaul of public roads, which is financed partially or fully from the federal budget of the Russian Federation, is subject to departmental state examination (see Order of the Ministry of Transport of Russia dated March 31, 2003 N IS-216-r “On approval of the Regulations on carrying out state departmental examination of pre-project and design documentation for the construction, reconstruction and major repairs of public roads and structures on them");

3) in relation to the results of engineering surveys (the concept of “engineering surveys” is disclosed in clause 1 of the commentary to Article 47 of the Civil Code of the Russian Federation), which were carried out to prepare design documentation for capital construction projects specified in part 2 of this article, as well as in the case if construction or reconstruction does not require obtaining a building permit.

Engineering and survey work is carried out, including for the design, construction, reconstruction and overhaul of buildings, structures, structures (see Regulations on the performance of engineering surveys for the preparation of design documentation, construction, reconstruction, overhaul of capital construction projects). The purpose of engineering surveys is to study natural (climatic, seismic and other) conditions and man-made factors. The results of engineering surveys are presented in the form of reporting documentation, which consists of a text, graphic part, as well as annexes to it (in text, graphic, digital and other forms).

Thus, in relation to the capital construction projects specified in Part 2 of the commented article, as well as other objects for the construction or reconstruction of which a construction permit is not required, neither an examination of project documentation nor an examination of the results of engineering surveys is carried out.

In Part 3.2 of the commented article, the legislator provides for sending the results of engineering surveys for examination both simultaneously with the design documentation and before sending the design documentation. There are no questions about sending engineering survey results for examination before sending design documentation for examination. However, the advisability of sending the results of engineering surveys for examination simultaneously with design documentation is not entirely clear, since the materials (results) of engineering surveys are used to prepare design documentation and are its integral part.

Based on the wording set forth by the legislator, it can be concluded that the results of engineering surveys in the form of reporting documentation, even when submitted with design documentation, are simultaneously subject to a separate examination from the design documentation.

In Part 3.3 of the commented article, the legislator allows, on a voluntary basis, an examination of design documentation and engineering survey results in relation to those capital construction projects that do not require an examination in accordance with Parts 2 and 3 of the commented article. At the same time, on a voluntary basis, the developer or technical customer can send design documentation and (or) the results of engineering surveys for both state and non-state examination.

3. In part 3.4 of the commented article, the legislator identifies design documentation and the results of engineering surveys prepared in relation to capital construction projects subject to mandatory (state) examination. These include:

1) design documentation developed for the following objects:

— objects, construction and reconstruction of which are planned to be carried out in the territories:

a) two or more constituent entities of the Russian Federation;

b) embassies, consulates and representative offices of the Russian Federation;

c) the exclusive economic zone of the Russian Federation (defined in Article 1 of the Federal Law of December 17, 1998 N 191-FZ “On the exclusive economic zone of the Russian Federation”);

d) the continental shelf of the Russian Federation (defined in Article 1 of the Federal Law of November 30, 1995 N 187-FZ “On the Continental Shelf of the Russian Federation”);

e) sea (internal) waters and the territorial sea of the Russian Federation (defined in Article 1 of the Federal Law of July 31, 1998 N 155-FZ “On internal sea waters, the territorial sea and the adjacent zone of the Russian Federation”);

— objects of defense and security of the Russian Federation. List of defense and security facilities of the Russian Federation in current open regulatory documents legal documents The Russian Federation is missing, as is the definition of the object of defense and security. However, mention of defense and security facilities can be found in various regulatory legal acts of the Russian Federation. The very concept of defense is contained in the Federal Law of May 31, 1996 N 61-FZ “On Defense”. By it, the legislator understands a system of political, economic, military, social, legal and other measures to prepare for armed defense and armed defense of the Russian Federation, the integrity and inviolability of its territory. At the same time, in regulatory legal acts one can trace the division of defense and security facilities into civil and industrial.

Civil defense facilities include: shelters; shelters, including anti-radiation shelters; specialized warehouses; sanitary and washing stations; clothing disinfection stations; equipment disinfection stations; objects intended to ensure the implementation of civil defense measures (see paragraph 2 of the Decree of the Government of the Russian Federation of November 29, 1999 N 1309 “On the Procedure for creating shelters and other civil defense facilities”).

Defense industry facilities include enterprises (legal entities, regardless of their organizational and legal form) engaged in repair, development, armament and production of military equipment or equipment (see paragraph 2 of Decree of the President of the Russian Federation of January 24, 1998 N 61 “On list of information classified as state secret");

— other objects, information about which constitutes a state secret. These are those objects, information about which can harm the security of the state if disseminated and which are protected by the state in such areas as intelligence, foreign policy, military, operational investigative activities and counterintelligence activities (see Article 2 of the Law of the Russian Federation of July 21, 1993 . N 5485-1 “On state secrets”). Decree of the President of the Russian Federation on January 24, 1998 N 61 approved the List of information that constitutes state secrets. For example, objects the information about which constitutes a state secret include a physical installation for defense purposes, a nuclear installation;

- car roads:

a) federal significance. The legislator has established the obligation to carry out an examination of design documentation for all federal highways, regardless of whether they are planned for construction, reconstruction or major repairs. The list of public roads of federal significance was approved by Decree of the Government of the Russian Federation of November 17, 2010 N 928;

b) public use, the overhaul of which is planned to be financed or is financed from the budgets of the budget system of the Russian Federation;

— objects of cultural heritage (cultural and historical monuments) of federal, regional and local significance, when carrying out conservation work the structural and other characteristics of the reliability and safety of the specified object are affected;

— especially dangerous, technically complex and unique objects. The list of these objects is defined in Art. 48.1 Civil Code of the Russian Federation (see commentary to this article);

— facilities that are used for the placement, neutralization and (or) disposal of waste of I-V hazard classes.

According to the Federal Law “On Production and Consumption Waste,” production and consumption waste are substances or objects generated in the process of performing work, providing services, production, or in the process of consumption that are subject to disposal. Consumer and industrial waste has 5 hazard classes, each of which is assigned to the waste depending on the degree of negative impact on environment. In addition to the specified Federal Law, the concepts of capital construction facilities that are intended for the placement, neutralization and (or) disposal of waste of I - V hazard classes are regulated by the Interstate Standard GOST 30772-2001 “Resource Conservation. Waste management. Terms and definitions" (introduced by Decree of the State Standard of Russia of December 28, 2001 N 607-st);

— objects, construction, reconstruction of which are financed from the budgets of the budgetary system of the Russian Federation. The concept of the budget system of the Russian Federation and its component budgets is enshrined in Art. 10 BC RF;

— other objects determined by the Government of the Russian Federation. Thus, the legislator reserves the right for the Government of the Russian Federation to supplement capital construction projects that are subject to mandatory examination;

- objects, construction, reconstruction of which are supposed to be carried out on the lands of specially protected natural territories (regulated by Federal Law of March 14, 1995 N 33-FZ “On Specially Protected Natural Territories”);

2) the results of engineering surveys that are carried out to prepare design documentation for the above-mentioned objects, in addition to objects, the construction and reconstruction of which are supposed to be carried out on lands of specially protected natural areas, and objects used for the disposal and (or) disposal of waste of classes I - V danger.

4. According to part 3.5 of the commented article, if the design documentation prepared for the reconstruction, construction, major repairs of a building, structure or structure has previously received a positive conclusion, then when changes are made to it, re-examination is not required. At the same time, changes made to the design documentation require obtaining an appropriate conclusion. It is important that the said conclusion is issued by an expert organization (an authorized executive body of the Russian Federation or commercial organization, having the right to conduct an examination), which previously carried out an examination of the project documentation and issued a positive conclusion on it. In this case, only those sections of the design documentation that are subject to modification (change) are sent for consideration. The review period is no more than 30 days.

The difference between the second conclusion and the conclusion of the initial examination is that it is aimed at:

— identification of the affected structural, architectural, planning and other characteristics of the capital construction project;

— identification of changes leading to an increase in the estimate for construction and reconstruction of a capital construction project at comparable prices.

Based on the results of consideration of changes made to the design documentation, the expert organization:

- or issues a conclusion on recognition of the design documentation as modified (changed), which reflects that the changes do not affect the structural and other characteristics of the building, structure or structure, and also do not lead to an increase in the estimate at comparable prices;

- or issues a notice of refusal to issue a conclusion on recognition of the design documentation as modified, since changes in the design documentation affect the structural and other characteristics of the building, structure or structure, and also lead to an increase in the estimate.

Please note that changes in design documentation leading to an increase in the estimate for construction, reconstruction, major repairs of a building, structure or structure are identified only in relation to capital construction projects, the construction, reconstruction and major repairs of which are planned to be financed from the budgets of the budget system of the Russian Federation or provided at the expense of the federal executive body; executive authority of a constituent entity of the Russian Federation; local government body; a legal entity that was created by the Russian Federation, a subject of the Russian Federation, or a municipal entity; legal entity, share of the Russian Federation, subject of the Russian Federation, municipality in the authorized capital of which is more than 50%.

The procedure for preparing an opinion on recognizing design documentation as modified is established by the federal executive body, which is authorized to exercise the function of developing and implementing state policy and legal regulation in the field of construction, architecture, and urban planning - the Ministry of Construction of Russia. However, at present this procedure has not been approved. The project was developed by the Ministry of Construction of Russia and is undergoing a discussion and approval procedure (for more details, see paragraph 5 of the commentary to Article 48.2).
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Draft Order of the Ministry of Construction of Russia “On approval of the Regulations on the procedure for preparing an opinion on recognizing design documentation as modified” // Federal portal draft regulatory legal acts. URL: regulation.gov.ru/projects#npa=54746 (date of access: 02/28/2017).

Part 3.6 of the commented article regulates the procedure in the event of receiving from an expert organization a notification of refusal to issue an opinion on recognizing the design documentation as modified. In this case, the design documentation with changes is sent again for examination, depending on the type of capital construction project - state or non-state. Re-examination carried out in the same manner as during the initial examination.

The standard form of the conclusion on recognition of the design documentation as modified in accordance with Part 3.7 of the commented article must be approved by the Ministry of Construction of Russia. The mentioned draft Regulations on the procedure for preparing a conclusion on recognition of project documentation as modified contains in the appendix the form of such a conclusion, which is intended to be used by all expert organizations.

5. Examination of design documentation and engineering survey results is carried out by expert organizations. The expert organization conducting the examination depends on the type of capital construction project for which it is planned to prepare the results of engineering surveys and design documentation, and the type of examination - state or non-state.

Non-state examination is carried out in accordance with the Regulations on the organization and conduct of non-state examination of design documentation and (or) results of engineering surveys, approved. Decree of the Government of the Russian Federation of March 31, 2012 N 272, and the state one - in accordance with the Procedure for organizing and conducting state examination of design documentation and engineering survey results, approved. Decree of the Government of the Russian Federation of March 5, 2007 N 145.

Decree of the Government of the Russian Federation dated November 7, 2008 N 822 approved the Rules for the submission of design documentation of objects, the construction, reconstruction, major repairs of which are supposed to be carried out on lands of specially protected natural areas, for conducting state expertise and state environmental expertise.

In pursuance of the Decree of the Government of the Russian Federation dated March 5, 2007 N 145, Order of the Ministry of Construction of Russia dated December 9, 2015 N 887/pr “On approval of the Requirements for the composition, content and procedure for drawing up the conclusion of the state examination of design documentation and (or) engineering results” was also adopted research."

5.1. In parts 4, 4.1, 4.2, 4.8 of the commented article, the legislator considers expert organizations authorized to conduct state examinations. These include:

— federal executive authorities;

— executive authorities of a constituent entity of the Russian Federation;

— budgetary, autonomous institutions authorized by state bodies to conduct state examinations;

— organizations that carry out state management of the use of atomic energy and state management in carrying out activities related to the development, production, disposal of nuclear weapons and nuclear power plants for military purposes.

Depending on the type of capital construction project, state examination is carried out by one or another expert organization:

1) the Ministry of Construction of Russia or a government agency subordinate to it (FAI "Glavgosexpertiza of Russia") - in relation to all objects specified in (according to part 3.4 of the commented article, design documentation and engineering survey results for all these objects are subject to state examination), with the exception specified in clauses 2 - 4 of this list;
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Order of Rosstroy dated March 16, 2007 N 64 “On the state institution authorized to conduct state examination of design documentation and engineering survey results.”

2) the Ministry of Defense of the Russian Federation - in relation to the objects specified in clause 5.1 of Art. 6 of the Civil Code of the Russian Federation, which are objects of military infrastructure of the Armed Forces of the Russian Federation, federal executive authorities authorized to conduct state examination of design documentation and engineering survey results by decrees of the President of the Russian Federation - in relation to other defense and security facilities under the jurisdiction of federal executive authorities;
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Order of the Minister of Defense of the Russian Federation dated July 6, 2012 N 1700 “On approval of the Administrative Regulations for the provision by the Ministry of Defense of the Russian Federation of state services for conducting state examination of design documentation, engineering survey results and checking the reliability of determining the estimated cost of capital construction of defense and security facilities that are objects of military infrastructure of the Armed Forces of the Russian Federation."

3) by the executive authority of the city of Moscow or a state institution subordinate to it (GAU "Mosgosexpertiza") - in relation to unique objects, the construction, major repairs or reconstruction of which are supposed to be carried out on the territory of the city of Moscow, until January 1, 2017 (Article 4.2 Federal Law of December 29, 2004 N 191-FZ “On the introduction into force of the Town Planning Code of the Russian Federation”);
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4) State Atomic Energy Corporation "Rosatom" - in relation to the facilities of federal nuclear organizations;
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Decree of the President of the Russian Federation of June 26, 2014 N 467 “On federal nuclear organizations.”

5) executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to them - in relation to other capital construction projects (for more details, see subparagraph “b”, paragraph 2 of the Decree of the Government of the Russian Federation of March 5, 2007 N 145).

In part 4 of the commented article 49 of the Civil Code of Russia, the legislator provides for the right of the President of the Russian Federation and the Government of the Russian Federation to determine another federal executive body that will carry out state examination of design documentation and (or) the results of engineering surveys in relation to certain capital construction projects. The President of the Russian Federation has the right to authorize another federal executive body to conduct a state examination of defense and security facilities, and the Government of the Russian Federation - to conduct a state examination:

a) objects whose reconstruction or construction is expected to be carried out on the territory of the exclusive economic zone of the Russian Federation, the continental shelf of the Russian Federation, in internal sea waters and in the territorial sea of the Russian Federation;

b) facilities that are planned to be used for disposal and (or) neutralization of waste of I - V hazard classes.

We will separately focus on the executive authorities of the constituent entities of the Russian Federation and the organizations subordinate to them authorized to conduct state examination of design documentation or the results of engineering surveys in relation to capital construction projects proposed for construction, reconstruction, major repairs on lands located on the territory of the constituent entity of the Russian Federation.

As a rule, the executive body of a constituent entity of the Russian Federation (government or administration) authorizes an institution subordinate to it to carry out the specified state examination. Here are examples of organizations authorized in a particular subject of the Russian Federation to conduct state examinations:

a) in St. Petersburg - state autonomous institution “Center for State Expertise” (St. Petersburg State Autonomous Institution “CSE”);
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Order of the State Service construction supervision and examination of St. Petersburg dated June 29, 2012 N 34-p “On approval of the temporary Administrative Regulations of the St. Petersburg State Autonomous Institution “Center for State Expertise” for the provision of public services “Conducting state examination of design documentation and (or) engineering survey results” .

b) in Moscow - State Autonomous Institution of the City of Moscow "Moscow State Expertise" "GAU Mosgosekspertiza";
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Decree of the Moscow government of March 21, 2013 N 153-PP “On approval of the Administrative Regulations for the provision of the service “Conducting state examination of design documentation and engineering survey results” in the city of Moscow” (clause 2.3).

c) in the city of Sevastopol - State Autonomous Institution "State Expertise of the City of Sevastopol" (GAU "State Expertise of the City of Sevastopol").
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Resolution of the government of Sevastopol dated January 16, 2015 N 09-pp “On approval of the Charter of the state autonomous institution “State Expertise of the City of Sevastopol”.

5.2. Non-state examination of design documentation and (or) the results of engineering surveys is carried out by legal entities, regardless of the organizational and legal form, accredited for the right to conduct non-state examination in the manner established by the Decree of the Government of the Russian Federation of December 29, 2008 N 1070 “On the procedure for accreditation for the right conducting a non-state examination of design documentation and (or) engineering survey results.”

In accordance with clause 3 of the Regulations on the organization and conduct of non-state examination of design documentation and (or) results of engineering surveys, approved. By Decree of the Government of the Russian Federation of March 31, 2012 N 272, non-state examination of design documentation and (or) engineering surveys is carried out:

1) if there is a combination of the following circumstances:

— conducting a state examination of design documentation and (or) the results of engineering surveys or non-state examination is mandatory;

— design documentation and engineering surveys were carried out for the purpose of construction, reconstruction or major repairs of capital construction projects, which are specified in Part 3.4 of Art. 49 Civil Code of the Russian Federation;

— the developer or technical customer made a decision to conduct a non-state examination;

2) if the state examination of design documentation and (or) the results of engineering surveys or non-state examination is not mandatory in accordance with Parts 2, 3 and 3.1 of Art. 49 of the Civil Code of the Russian Federation, however, the applicant decided to send the design documentation and (or) the results of engineering surveys for non-state examination.

For more information about the accreditation of legal entities, see the commentary to Art. 50 GrK RF.

6. In order to exclude the interest of the expert organization in the positive results of the review, assessment of the conformity of design documentation and (or) the results of engineering surveys, the legislator in Part 4.4 of the commented article rightly excluded the possibility of participation of an expert organization authorized to conduct state examination in architectural and construction design and performing engineering and survey work.

The Government of the Russian Federation, by its Resolution No. 145 of March 5, 2007 “On the procedure for organizing and conducting state examination of design documentation and engineering survey results,” similarly limited expert organizations in their activities in the field of design and engineering surveys.

These restrictions allow expert organizations authorized to conduct state examinations to most objectively and independently assess the compliance of the planned capital construction facility with safety requirements. We note that the compliance of the planned capital construction facility with regulatory and technical requirements and regulatory legal acts The Russian Federation in the field of construction is one of the grounds for the future admissibility of buildings, structures, structures for construction, reconstruction and major repairs.

The legislator also limited in Part 4.5 of this article the right of legal entities accredited to conduct a non-state examination of design documentation to assess the conformity of design documentation and (or) the results of engineering surveys for which they previously carried out design and (or) performed engineering survey work .

Neglect of the requirements regarding the inadmissibility of a non-state examination by an expert organization in relation to design documentation and (or) the results of engineering surveys that were prepared by the same organization entails, first of all, the revocation of accreditation. Nevertheless, the legislator does not prohibit an accredited expert organization from carrying out design and engineering survey activities along with carrying out expert activities. Combination is unacceptable only in relation to the same capital construction project that is being designed (for which engineering surveys are being carried out) and in respect of which a non-state examination of design documentation and (or) engineering survey results is being carried out.

7. Part 4.6 of the commented article regulates that the preparation of conclusions on design documentation and the results of engineering surveys directly in the expert organization is carried out by a certified individual within the scope of the field of activity that is indicated in his qualification certificate (more information about the certification of individuals for the right to prepare conclusions , as well as about the qualification certificate, see.

1. Design documentation of capital construction projects and the results of engineering surveys carried out to prepare such design documentation are subject to examination, except for the cases provided for in parts 2 and 3.1 of this article. Examination of design documentation and (or) examination of engineering survey results is carried out in the form of state examination or non-state examination. The developer or technical customer, at his own discretion, sends design documentation and the results of engineering surveys for state examination or non-state examination, except for cases where, in accordance with this article, in relation to the design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation, a state examination is envisaged.

2. The examination is not carried out in relation to the design documentation of the following capital construction projects:

Separately standing capital construction projects with no more than two floors, a total area of no more than 1,500 square meters and which are not intended for citizens’ residence and production activities, with the exception of objects that, in accordance with Article 48.1

Separate capital construction projects with no more than two floors, a total area of no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which, within the boundaries of land plots, on in which such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of facilities that, in accordance with Article 48.1 of this Code, are particularly dangerous, technically complex or unique facilities;

Information about changes:

Federal Law of December 31, 2014 N 533-FZ, part 2 of article 49 of this Code was supplemented with paragraph 6

2.1. If the construction or reconstruction of capital construction projects specified in paragraphs 2 - 6 of Part 2 of this article is planned to be carried out within the boundaries of pipeline security zones, examination of the design documentation for the construction and reconstruction of these capital construction projects is mandatory.

Information about changes:

Article 49 was supplemented with part 2.2 from August 4, 2018 - Federal Law

An examination of design documentation is not carried out if a construction permit is not required for the construction or reconstruction of a capital construction project. Expertise of design documentation is not carried out in relation to sections of design documentation prepared for major repairs of capital construction projects.

3.2. The results of engineering surveys can be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.

3.3. The developer or technical customer may, on his own initiative, send design documentation for capital construction projects specified in parts 2 and this article, and the results of engineering surveys carried out to prepare such design documentation, for state examination or non-state examination.

3.4. Design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, objects, the estimated cost of construction, reconstruction, major repairs of which in accordance with the requirements of this Code is subject to verification for the reliability of its determination, objects (except for objects specified in parts 2 and of this article), construction, reconstruction of which are planned within the boundaries of zones with special conditions for the use of territories, the regime of which provides for the restriction of the placement of capital construction projects based on an assessment of their impact on the object, territory, for the purpose of protecting which a zone with special conditions for the use of the territory has been established, or based on from an assessment of the impact of an object, territory, for the purpose of protecting which a zone with special conditions for the use of the territory has been established, on the capital construction object located, objects of cultural heritage of regional and local significance (if, when carrying out work to preserve a cultural heritage object of regional or local significance, constructive and other characteristics of the reliability and safety of the specified object) and the results of engineering surveys carried out for the preparation of such design documentation, and design documentation of objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, objects used for placement and (or) neutralization waste of I - V hazard classes are subject to state examination.

4.2. State examination of design documentation of other capital construction projects and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the executive authority of a constituent entity of the Russian Federation or a subordinate state (budgetary or autonomous) institution at the location of the land plot on which construction is planned. , reconstruction of a capital construction facility.

4.4. Executive authorities, as well as institutions subordinate to them, the State Atomic Energy Corporation "Rosatom", which are specified in parts 4 - 4.2 of this article, do not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.

Information about changes:

Article 49 was supplemented by part 5.2 from August 4, 2018 - Federal Law of August 3, 2018 N 340-FZ

Information about changes:

Article 49 was supplemented with part 5.3 from August 4, 2018 - Federal Law

5.3. Design documentation and (or) the results of engineering surveys, as well as other documents necessary for the examination of design documentation and (or) the results of engineering surveys, are submitted in electronic form, except in cases where the documents are necessary for the state examination of design documentation and ( or) the results of engineering surveys contain information constituting a state secret.

Information about changes:

Article 49 was supplemented by part 5.4 from August 4, 2018 - Federal Law of August 3, 2018 N 342-FZ

5.4. The executive authority or organization that carried out the examination of design documentation and (or) the results of engineering surveys ensures non-disclosure of design decisions and other confidential information that became known to this executive authority or this organization in connection with the examination, except for cases where the specified information shall be included in state information systems or sent to authorized bodies and organizations in accordance with this Code and other federal laws.

It is not allowed to conduct any other examinations of project documentation, with the exception of the examination of project documentation provided for by this article, the state historical and cultural examination of project documentation for carrying out work to preserve cultural heritage sites, as well as the state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out in exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, within the boundaries of specially protected natural areas, in the Baikal natural territory, as well as design documentation of facilities used for disposal and (or) disposal of waste I - V hazard classes, artificial land plots on water bodies.

6.1. To carry out the state examination of design documentation and the state environmental examination of design documentation of objects, the construction or reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, in the Baikal natural territory, such design documentation in the manner established by the Government of the Russian Federation is submitted in:

2) the executive body of the constituent entity of the Russian Federation authorized to carry out state examination of design documentation in relation to objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, with the exception of design documentation of objects specified in paragraph 1 of this part .

6.2. The federal executive body, the executive body of the constituent entity of the Russian Federation, the State Atomic Energy Corporation "Rosatom", authorized to conduct state examination of design documentation and, in accordance with Part 4 of this article, carrying out such state examination, send the design documentation of the facilities submitted by the developer or technical customer , specified in subparagraph 7.1 of Article 11 and subparagraph 4.1 of Article 12 of the Federal Law of November 23, 1995 N 174-FZ “On Environmental Expertise”, for state environmental expertise in the manner established by this Federal Law.

6.3. The results of the state examination of project documentation and the state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas in the Baikal natural territory, are the corresponding conclusions.

The duration of the state examination is determined by the complexity of the capital construction project, but should not exceed forty-two working days. This period may be extended at the request of the developer or technical customer by no more than twenty working days.

5) performance of engineering surveys, the results of which are sent for examination, by a person who does not meet the requirements specified in the engineering surveys, the requirements for the content of sections of design documentation provided for in accordance with Part 13 of Article 48 of this Code, as well as the compliance of the results of engineering surveys with the requirements technical regulations (if the results of engineering surveys were sent for examination simultaneously with the design documentation). If the results of engineering surveys were sent for examination before sending the design documentation for examination, the result of the examination is a conclusion on compliance (positive conclusion) or non-compliance (negative conclusion) of the results of engineering surveys with the requirements of technical regulations.

12. In case of disagreement with the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys, the developer, technical customer or their representative, within three years from the date of approval of such a conclusion, has the right to appeal it to the expert commission created by the federal executive body exercising the functions of development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning, in the manner established by the specified federal executive body. The decision of such an expert commission to confirm or not confirm the conclusion of the state examination or non-state examination is mandatory for the body or organization that carried out the relevant examination of the design documentation and (or) examination of the results of engineering surveys, the developer, the technical customer.

Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ (as amended on June 27, 2019) (with amendments and additions, entered into force on July 1, 2019)

The document is valid

Main menu
- Article 5.1. Public discussions, public hearings on draft master plans, draft rules for land use and development, draft territory planning, draft land surveying projects, draft rules for landscaping, draft decisions on granting permission for a conditionally permitted type of use of a land plot or capital construction project, draft decisions on granting permits to deviate from the maximum parameters of permitted construction, reconstruction of capital construction projects
Chapter 2. Powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments in the field of urban planning activities
Chapter 2.1. Pricing and estimate standardization in the field of urban planning activities, federal register of estimate standards

Chapter 6. Architectural and construction design, construction, reconstruction of capital construction projects

Article 49. Examination of design documentation and results of engineering surveys, state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of the Russian Federation, within the specially protected natural areas, in the Baikal natural territory

Chapter 6.1. Self-regulation in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs, demolition of capital construction projects

Chapter 6.3. Development of territories for the purpose of construction and operation of rental houses

Article 55.33. Features of the demolition of capital construction projects located in zones with special conditions for the use of territories, or bringing such capital construction projects into compliance with restrictions on the use of land plots established within the boundaries of zones with special conditions for the use of territories

Chapter 7. Information support for urban planning activities

Article 57. Creation and operation of state information systems ensuring urban planning activities, maintaining state information systems for supporting urban planning activities and providing information, documents and materials of state information systems for supporting urban planning activities

Chapter 8. Responsibility for violation of legislation on urban planning activities

Article 60.1. Compensation for damage caused due to non-fulfillment or improper execution a member of a self-regulatory organization of obligations under a contract for engineering surveys, preparation of design documentation, a construction contract, a demolition contract, concluded using competitive contracting methods

Chapter 9. Features of urban planning activities in the constituent entities of the Russian Federation - federal cities of Moscow, St. Petersburg and Sevastopol

Article 49.1 of the Town Planning Code. Certification of individuals for the right to prepare expert opinions on design documentation and (or) expert examination of engineering survey results.

Judicial practice under Article 49.1 of the Town Planning Code.

49 4.

Decision of March 6, 2019 in case No. A33-1128/2019

Arbitration Court of the Krasnoyarsk Territory (AC of the Krasnoyarsk Territory)

06.2018 to 08.30.2018 was carried out according to design documentation that did not receive a positive conclusion from the state examination of design documentation (in violation of Part 1, 3.4 of Article 49 of the Town Planning Code of the Russian Federation). On 12/18/2018, in the presence of the applicant’s representative, the state inspector of the department for state construction supervision of the Yenisei Department of Rostekhnadzor drew up a protocol on administrative offense No. 09/...

Decision of March 6, 2019 in case No. A67-6531/2017

Arbitration Court of the Tomsk Region (AC of the Tomsk Region)

Paragraph 3 of Article 222 of the Civil Code of the Russian Federation, violation of the procedure prescribed by law for obtaining a construction permit or putting a facility into operation, including failure to comply with the requirements established by Articles 49, 54 of the Town Planning Code of the Russian Federation to obtain a positive conclusion from the state examination of design documentation and the conclusion of the authorized body of state construction supervision, is not is sufficient grounds for refusal...

Decision of March 6, 2019 in case No. A32-4947/2019

Arbitration court Krasnodar region(AS of Krasnodar region)

Organization of demolition or dismantling of capital construction projects and their parts; 4) a positive conclusion of the state examination of project documentation (in relation to the design documentation of objects provided for in Article 49 of this Code), a positive conclusion of the state environmental examination of project documentation in the cases provided for in Part 6 of Article 49 8.

Decision of March 5, 2019 in case No. A46-22828/2018

Arbitration Court of the Omsk Region (AC of the Omsk Region)

That the customer is RUZKS Central Military District - a branch of the FKP “Customer Department of the KS Ministry of Defense of Russia” (Section 1 of the examination), and it was the Enterprise that sent the design documentation for examination. According to Article 49 of the Town Planning Code of the Russian Federation, sending documentation for examination is the exclusive competence of the developer or technical customer. Moreover, in the context of urban planning concepts, the concepts of developer and customer are identical, which follows...

Decision of March 5, 2019 in case No. A17-11440/2018

Arbitration Court of the Ivanovo Region (AC of the Ivanovo Region)

The health of citizens. Within the meaning of this norm, violation of the procedure provided for by law for obtaining a construction permit or putting a facility into operation, including failure to comply with the requirements established by Articles 49, 54 of the Town Planning Code of the Russian Federation to obtain a positive conclusion from the state examination of design documentation and the conclusion of the State Construction Supervision Department, is not a sufficient reason to deny the claim...

Decision of March 4, 2019 in case No. A82-16853/2018

Arbitration Court of the Yaroslavl Region (AC of the Yaroslavl Region)

Under agreements on the preparation of project documentation concluded with other persons, they can be carried out by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

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