1. Construction, reconstruction of facilities capital construction, as well as their overhaul is regulated by this Code, other federal laws and other regulatory laws adopted in accordance with them. legal acts Russian Federation.

2. Work under contracts for the construction, reconstruction, overhaul of capital construction facilities concluded with the developer, technical customer, the person responsible for the operation of the building, structure, the regional operator (hereinafter also referred to as the contract building contract), must be carried out only by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of construction, reconstruction, overhaul capital construction facilities, unless otherwise provided by this article. Construction, reconstruction, overhaul of capital construction projects under such contracts is carried out by specialists in the organization of construction (chief project engineers). Work under agreements on construction, reconstruction, overhaul of capital construction facilities concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

2.1. An individual entrepreneur or a legal entity that is not a member of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities may perform work under construction contracts concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator, if the amount of obligations under each of such contracts does not exceed three million rubles.

2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude construction contracts with federal executive authorities, state corporations exercising legal regulation in the relevant area, state authorities of subjects of the Russian Federation, by the local authorities in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local authorities;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in case of conclusion of such commercial organizations construction contracts with the specified enterprises, institutions, as well as with federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments, which are provided for in clause 1 of this part and which are in charge of the specified enterprises, institutions, or in the case of performance by such commercial organizations of the functions of a technical customer on behalf of the said enterprises, institutions, federal executive authorities, state corporations, public authorities of the constituent entities of the Russian Federation, and local governments;

3) legal entities established by public law entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purpose of carrying out activities in which such legal entities are created ), as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these legal entities or if such commercial organizations perform the functions of a technical customer on behalf of these legal entities persons;

4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, within the established in the areas of activity of which the said legal entities carry out statutory activities, or in the event that the said legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in authorized (share) capital where the share of the said legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the said federal executive bodies, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities or, in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities;

5) persons engaged in construction, reconstruction, overhaul of facilities specified in paragraphs 1-3 of part 17 of Article 51 of this Code.

3. The person carrying out the construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as the person carrying out the construction) may be a developer or an individual entrepreneur or a legal entity that has entered into a building contract. The person carrying out the construction ensures compliance with the requirements project documentation, technical regulations, safety precautions in the process of these works and is responsible for the quality of the work performed and their compliance with the requirements of project documentation and (or) information model (if the formation and maintenance of the information model are mandatory in accordance with the requirements of this Code).

3.1. The developer has the right to carry out construction, reconstruction, overhaul of capital construction objects independently, provided that he is a member of a self-regulatory organization in the field of construction, reconstruction, overhaul of capital construction objects, unless otherwise provided by this article, or with the involvement of other persons under a building contract .

3.2. In the event that a permit is issued for certain stages of construction, reconstruction of capital construction projects, individual entrepreneurs or legal entities that are members of a self-regulatory organization in the field of construction, reconstruction of capital construction facilities (unless otherwise provided by this article), may be involved by the developer or technical customer on the basis of a construction contract. contract for the implementation of individual stages of construction, reconstruction of a capital construction facility.

4. When constructing, reconstructing, overhauling a capital construction object on the basis of a construction contract with a developer or technical customer, a person responsible for the operation of a building, structure, a regional operator, these persons must prepare a land plot for construction and (or) a capital construction object for reconstruction or overhaul, as well as transfer individual entrepreneur or legal entity with whom such an agreement is concluded, materials and results engineering surveys, project documentation, building permit. If it is necessary to stop work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.

5. If, in accordance with this Code, when carrying out construction, reconstruction of a capital construction object, state construction supervision is provided, the developer or technical customer in advance, but not later than seven working days before the start of construction, the reconstruction of the capital construction object must be sent to authorized for the implementation of the state building supervision a federal executive body, an executive body of a constituent entity of the Russian Federation or the State Atomic Energy Corporation "Rosatom" (hereinafter also referred to as state construction supervision bodies) a notice of the commencement of such work, to which the following documents are attached:

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction;

3) a copy of the document on the placement of indentation lines from the red lines on the terrain;

4) general and special journals in which records are kept of the performance of work;

5) a positive conclusion of the examination of the design documentation in the event that the design documentation of the capital construction object is subject to examination in accordance with Article 49 of this Code.

5.1. The person carrying out the construction has the right not to submit the documents provided for in clauses 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request these documents (the information contained in them) from the authority that issued the construction permit.

5.2. In the event that changes are made to the project documentation that has received a positive conclusion from the examination of the project documentation, in accordance with parts 3.8 and 3.9 of Article 49 of this Code, after obtaining a permit for the construction of a capital construction facility, the developer or technical customer no later than ten working days from the date of approval of such changes in accordance with with parts 15.2 and 15.3 of Article 48 of this Code sends them to the bodies of state construction supervision.

5.3. In cases established by the Government of the Russian Federation, the documents (their copies or information contained in them) specified in paragraphs 1-5 of part 5 of this article are provided by the developer or technical customer in the form of an information model.

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, overhaul of the capital construction object in accordance with the design assignment, project documentation and (or) information model (if the formation and maintenance of the information model are mandatory in accordance with the requirements of this of the Code), requirements for the construction, reconstruction of a capital construction facility, established on the date of issue of the urban planning plan submitted for obtaining a building permit land plot permitted use of the land plot, restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of technical regulations and at the same time ensure the safety of work for third parties and environment, fulfillment of labor safety requirements, preservation of cultural heritage objects. The person carrying out the construction is also obliged to provide access to the territory where the construction, reconstruction, overhaul of the capital construction object is carried out, representatives of the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, state construction supervision bodies, provide them the necessary documentation, building control, maintain executive documentation, notify the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, representatives of state construction supervision authorities about the deadlines for completing the work that is subject to verification, ensure the elimination of identified deficiencies and not proceed with the continuation of work until the drawing up of acts on the elimination of identified deficiencies, ensure quality control of applied building materials.

7. Deviation of the parameters of the capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the newly approved developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator of the project documentation after making appropriate changes to it in accordance with this Code, including in the manner prescribed by parts 3.8 and 3.9 of Article 49 of this Code.

8. In case of discovery of an object that has the characteristics of a cultural heritage object in the process of construction, reconstruction, overhaul, the person carrying out the construction must suspend construction, reconstruction, overhaul, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object .

9. Requirements for training land plots for construction and a capital construction object for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals that record the performance of work, the procedure for construction, reconstruction, overhaul, the procedure for conservation of a capital construction object may be established by regulatory legal acts of the Russian Federation.

Comments to Art. 52 GK RF

1. Part 1 of the commented article establishes regulatory legal acts that regulate the construction, reconstruction, overhaul of capital construction projects.

2. Parts 2 and 3 define persons who can carry out construction, reconstruction, major repairs of capital construction objects. If another person is involved in the construction by the developer or customer, it must act on the basis of the contract.

In accordance with Art. 740 of the Civil Code of the Russian Federation, under a construction contract, the contractor undertakes to build a certain facility on the instructions of the customer or perform other construction work within the period established by the contract, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept their result and pay the stipulated price.

A construction contract is concluded for the construction or reconstruction of an enterprise, building (including a residential building), structure or other facility, as well as for the performance of installation, commissioning and other works inextricably linked with the facility under construction. The rules on a building contract shall also apply to capital repairs of buildings and structures, unless otherwise provided by the contract.

In the cases stipulated by the contract, the contractor assumes the obligation to ensure the operation of the object after its acceptance by the customer within the period specified in the contract.

The contractor bears the risk of accidental loss or accidental damage to the construction object that is the subject of the construction contract until the acceptance of this object by the customer.

If the construction object is lost or damaged before it is accepted by the customer due to the poor quality of the material (parts, structures) or equipment provided by the customer or the execution of erroneous instructions from the customer, the contractor has the right to demand payment of the entire estimated cost of work, provided that he has fulfilled the following obligations.

The contractor is obliged to immediately notify the customer and, until he receives instructions from him, to suspend work upon detection of:

unsuitability or poor quality of the material, equipment, technical documentation provided by the customer or the thing transferred for processing (processing);

possible adverse consequences for the customer of the fulfillment of his instructions on the method of performing the work;

other circumstances beyond the control of the contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time.

A construction contract may provide for the obligation of the party, which bears the risk of accidental loss or accidental damage to the construction object, material, equipment and other property used in construction, or liability for causing damage to other persons during construction, to insure the corresponding risks.

The party in charge of insurance must provide the other party with evidence of its conclusion of an insurance contract on the terms and conditions stipulated by the construction contract, including information about the insurer, the amount of the sum insured and the risks insured.

The insurance does not release the party concerned from the obligation to take the necessary measures to prevent the occurrence of an insured event.

The contractor is obliged to carry out construction and work related to it in accordance with the technical documentation that determines the scope, content of work and other requirements for them, and with an estimate that determines the price of work.

Unless otherwise specified in the construction contract, it is assumed that the contractor is obliged to perform all the work specified in the technical documentation and in the estimate.

The construction contract must determine the composition and content of the technical documentation, and it must also be provided which of the parties and within what time period must provide the relevant documentation.

The contractor, who discovered during the construction works not taken into account in the technical documentation and, in this regard, the need for additional work and increase estimated cost construction, is obliged to inform the customer about it.

If the customer does not receive a response to his message within ten days, unless the law or the construction contract provides for a different period for this, the contractor is obliged to suspend the relevant work with the attribution of losses caused by downtime to the customer's account. The customer is exempted from compensation for these losses if he proves that there is no need for additional work.

The contractor who has not fulfilled the obligation to inform the customer about the need for additional work shall be deprived of the right to demand payment from the customer for additional work performed by him and compensation for the losses caused by this, unless he proves the need for immediate action in the interests of the customer, in particular due to the fact that the suspension work could lead to the death or damage to the construction site.

If the customer agrees to carry out and pay for additional work, the contractor has the right to refuse to perform them only in cases where they are not included in the scope of the contractor's professional activities or cannot be performed by the contractor for reasons beyond his control.

The customer has the right to make changes to technical documentation provided that the additional work caused by this does not exceed 10% of the cost indicated in the estimate total cost construction and do not change the nature of the work provided for in the construction contract. The introduction of changes in the technical documentation in a larger volume is carried out on the basis of an additional estimate agreed by the parties.

The contractor has the right to demand compensation for reasonable expenses incurred by him in connection with the identification and elimination of defects in the technical documentation.

The obligation to provide construction with materials, including parts and structures, or equipment shall be borne by the contractor, unless the construction contract provides that the provision of construction in whole or in a certain part is carried out by the customer.

The party responsible for the construction is responsible for the discovered impossibility of using the materials or equipment provided by it without deteriorating the quality of the work performed, unless it proves that the impossibility of using arose due to circumstances for which the other party is responsible.

If it is discovered that it is impossible to use the materials or equipment provided by the customer without deteriorating the quality of the work performed and the customer refuses to replace them, the contractor has the right to cancel the construction contract and require the customer to pay the price of the contract in proportion to the part of the work performed.

Payment for the work performed by the contractor is made by the customer in the amount provided for by the estimate, on time and in the manner established by law or the building contract.

A construction contract may provide for payment for work at a time and in full after acceptance of the object by the customer.

3. Part 4 of the commented article establishes the obligation of the developer or customer to prepare the site for execution construction works and provide the necessary materials. This provision is in line with Art. 747 of the Civil Code of the Russian Federation, which establishes that the customer is obliged to provide a land plot for construction in a timely manner. The area and condition of the provided land plot must comply with the conditions contained in the construction contract, and in the absence of such conditions, ensure the timely start of work, their normal conduct and completion on time.

The customer is obliged, in the cases and in the manner provided for by the construction contract, to transfer to the contractor for use the buildings and structures necessary for the performance of work, to ensure the transportation of goods to his address, temporary supply of power supply networks, water and steam pipelines and provide other services. Payment for the services provided by the customer is carried out in cases and on the terms stipulated by the construction contract.

If work stops for more than 6 months, the customer or developer must ensure the conservation of the object. Conservation is a temporary suspension of any process or activity. In accordance with Art. 752 of the Civil Code of the Russian Federation, if, for reasons beyond the control of the parties, work under a construction contract is suspended and the construction site is mothballed, the customer is obliged to pay the contractor in full for the work performed up to the moment of mothballing, as well as to reimburse the costs caused by the need to stop work and conservation of construction, with an offset benefits that the contractor has received or could receive as a result of the cessation of work.

4. Part 5 of the commented article establishes the obligation of the developer or customer to send a notice of the start of construction work to the authorized bodies of state construction supervision, if such supervision is provided for by the Town Planning Code for this type of work.

State construction supervision is carried out during the construction, reconstruction of capital construction facilities, as well as during their overhaul, if during its implementation the design and other characteristics of the reliability and safety of such facilities are affected and the design documentation of such facilities is subject to state expertise or the design documentation of such facilities is standard design documentation or its modification.

Federal Law No. 210-FZ of December 31, 2005 "On Amendments to Urban planning code of the Russian Federation" in clause 2, part 5 of the commented article, amendments were made to clarify the documents that must be sent with a notice of the start of construction work to the authorized bodies of state construction supervision.

Federal Law No. 232-FZ of December 18, 2006 "On Amendments to the Town Planning Code of the Russian Federation and Certain legislative acts Russian Federation" part 5 was supplemented by paragraph 5, clarifying nature.

5. Part 6 establishes the requirements for the person carrying out the construction in the course of the work. This person must comply with the following requirements:

carry out construction, reconstruction, overhaul of capital construction facilities in accordance with the task, project documentation, urban planning plan of the land plot, technical regulations;

ensure the safety of work for third parties, the environment;

ensure labor safety and preservation of cultural heritage objects;

provide access for representatives of the developer, customer, state construction supervision authorities to the construction site;

provide the necessary documentation to authorized persons;

carry out construction control;

maintain executive documentation;

notify authorized persons of the deadlines for completion of works subject to verification;

eliminate identified shortcomings;

control the quality of the building materials used.

6. Part 7 of the commented article establishes that a deviation from the construction parameters is possible only on the basis of changes to the project documentation, which is re-approved by the developer or customer.

7. Part 8 defines the actions of persons carrying out construction upon discovery of an object that has the characteristic of an object of cultural heritage.

In accordance with Art. 36 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" (as amended on December 29, 2006) in the event that objects are found on the territory subject to economic development having the features of a cultural heritage object, sections on ensuring the safety of discovered objects should be included in projects for land management, earthworks, construction, reclamation, economic and other works before the inclusion of these objects in the register in the manner established by the Federal Law, and the effect of the provisions of land management, town planning and project documentation, town planning regulations in the given territory is suspended until the relevant changes are made.

In the event that cultural heritage objects included in the register and identified cultural heritage objects are located on the territory subject to economic development, land management, excavation, construction, reclamation, economic and other works on territories directly related to land plots within the boundaries of the territory of these objects are carried out if there are sections in the projects for carrying out such work on ensuring the safety of these cultural heritage objects or identified cultural heritage objects that have received positive conclusions from the state examination of project documentation.

8. Part 9 of the commented article establishes the possibility of regulating various aspects of construction activities by separate regulatory legal acts of the Russian Federation.

1. Construction, reconstruction of capital construction projects, as well as their overhaul is regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. Types of work on construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities should be performed only by individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization. Other types of construction, reconstruction, overhaul of capital construction projects can be performed by any individuals or legal entities.

3. The person carrying out the construction, reconstruction, overhaul of the capital construction object (hereinafter referred to as the person carrying out the construction) may be the developer or an individual or legal entity attracted by the developer or technical customer on the basis of an agreement. The person carrying out the construction organizes and coordinates the construction, reconstruction, overhaul of the capital construction facility, ensures compliance with the requirements of project documentation, technical regulations, safety precautions in the process of these works and is responsible for the quality of the work performed and their compliance with the requirements of the project documentation. The person carrying out the construction is entitled to perform certain types of construction, reconstruction, overhaul of the capital construction object independently, provided that such a person complies with the requirements provided for by Part 2 of this Article, and (or) with the involvement of other persons meeting these requirements.

3.1. In the event that works on organizing the construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as construction organization work) are included in the list specified in Part 4 of Article 55.8 of this Code, the person carrying out the construction of such a capital construction object must have a certificate issued by a self-regulatory organization certificate of admission to work on the organization of construction.

3.2. In the case of issuing a permit for certain stages of construction, reconstruction, the developer or technical customer may involve legal entities on the basis of an agreement as persons carrying out certain stages of construction, reconstruction of a capital construction object.

4. When building, reconstructing, overhauling a capital construction object by a person carrying out construction on the basis of an agreement with a developer or technical customer, the developer or technical customer must prepare a land plot for construction and a capital construction object for reconstruction or major repairs, and also transfer to the person carrying out construction, materials of engineering surveys, project documentation, building permit. If it is necessary to stop work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.

5. If, in accordance with this Code, when carrying out construction, reconstruction of a capital construction object, state construction supervision is provided, the developer or technical customer in advance, but not later than seven working days before the start of construction, must send the reconstruction of the capital construction object to the authorized for the implementation of state construction supervision by a federal executive body, an executive body of a constituent entity of the Russian Federation or an authorized organization exercising 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, ( (hereinafter also referred to as state construction supervision bodies) notice of the commencement of such work, to which the following documents are attached:

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction;

3) a copy of the document on the placement of indentation lines from the red lines on the terrain;

4) general and special journals in which records are kept of the performance of work;

5) a positive conclusion of the examination of the design documentation in the event that the design documentation of the capital construction object is subject to examination in accordance with Article 49 of this Code.

5.1. The person carrying out the construction has the right not to submit the documents provided for in clauses 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request these documents (the information contained in them) from the authority that issued the construction permit.

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, overhaul of the capital construction object in accordance with the assignment of the developer or technical customer (in the case of construction, reconstruction, overhaul on the basis of the contract), project documentation, the requirements of the town planning plan of the land plot, requirements of technical regulations and, at the same time, ensure the safety of work for third parties and the environment, the fulfillment of labor safety requirements, and the preservation of cultural heritage sites. The person carrying out the construction is also obliged to provide access to the territory where the construction, reconstruction, overhaul of the capital construction object is carried out, representatives of the developer or technical customer, state construction supervision bodies, provide them with the necessary documentation, conduct construction control, ensure the maintenance of executive documentation, notify the developer or technical customer, representatives of the state construction supervision authorities about the deadlines for completing the work that is subject to verification, ensure the elimination of identified deficiencies and not proceed with the continuation of work until the drawing up of acts to eliminate the identified deficiencies, ensure quality control of the building materials used.

7. Deviation of the parameters of the capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the design documentation newly approved by the developer or technical customer after making appropriate changes to it in the manner established by the authorized Government of the Russian Federations federal agency executive power.

8. In case of discovery of an object that has the characteristics of a cultural heritage object in the process of construction, reconstruction, overhaul, the person carrying out the construction must suspend construction, reconstruction, overhaul, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object .

9. Requirements for the preparation of land plots for construction and capital construction for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals that record the performance of work, the procedure for construction, reconstruction, overhaul , the procedure for conservation of a capital construction object may be established by regulatory legal acts of the Russian Federation.

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We suggest that you familiarize yourself with Article 52 of the Town Planning Code, Chapter 6 "Implementation of construction, reconstruction, overhaul of a capital construction facility." The information is current for 2016. If you think that Article 52 of the Town Planning Code is outdated and not relevant, please write to the website editor about it using the form

1. Construction, reconstruction of capital construction projects, as well as their overhaul is regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. Works under agreements on construction, reconstruction, overhaul of capital construction objects concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as the construction contract) must be carried out only by individual entrepreneurs or legal entities. persons who are members of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities, unless otherwise provided by this article. Construction, reconstruction, overhaul of capital construction projects under such contracts is carried out by specialists in the organization of construction (chief project engineers). Work under agreements on construction, reconstruction, overhaul of capital construction facilities concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

2.1. An individual entrepreneur or a legal entity that is not a member of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities may perform work under construction contracts concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator, if the amount of obligations under each of such contracts does not exceed three million rubles.

2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude construction contracts with federal executive authorities, state corporations exercising legal regulation in the relevant area, state authorities of subjects of the Russian Federation, by the local authorities in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local authorities;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these enterprises, institutions, as well as with federal executive bodies authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments, which are provided for in clause 1 of this part and which are in charge of the specified enterprises, institutions, or if such commercial organizations perform the functions of a technical customer on behalf of the specified enterprises, institutions, federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

3) legal entities established by public law entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purpose of carrying out activities in which such legal entities are created ), as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these legal entities or if such commercial organizations perform the functions of a technical customer on behalf of these legal entities persons;

4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, within the established in the areas of activity of which the said legal entities carry out statutory activities, or in the event that the said legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in authorized (share) capital where the share of the said legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the said federal executive bodies, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities or, in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities;

5) individuals carrying out the construction, reconstruction, overhaul of an individual residential building, as well as persons engaged in the construction, reconstruction, overhaul of the facilities specified in.

3. The person carrying out the construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as the person carrying out the construction) may be a developer or an individual entrepreneur or a legal entity that has entered into a building contract. The person carrying out the construction ensures compliance with the requirements of the design documentation, technical regulations, safety precautions in the course of the specified works and is responsible for the quality of the work performed and their compliance with the requirements of the design documentation.

3.1. The developer has the right to carry out construction, reconstruction, overhaul of capital construction objects independently, provided that he is a member of a self-regulatory organization in the field of construction, reconstruction, overhaul of capital construction objects, unless otherwise provided by this article, or with the involvement of other persons under a building contract .

3.2. In the event that a permit is issued for certain stages of construction, reconstruction of capital construction projects, individual entrepreneurs or legal entities that are members of a self-regulatory organization in the field of construction, reconstruction of capital construction facilities (unless otherwise provided by this article), may be involved by the developer or technical customer on the basis of a construction contract. contract for the implementation of individual stages of construction, reconstruction of a capital construction facility.

4. When carrying out construction, reconstruction, overhaul of a capital construction object on the basis of a construction contract with a developer or technical customer, a person responsible for the operation of a building, structure, a regional operator, these persons must prepare a land plot for construction and (or) a capital construction object for reconstruction or overhaul, as well as transfer to an individual entrepreneur or legal entity with whom such an agreement is concluded, materials and results of engineering surveys, project documentation, construction permit. If it is necessary to stop work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.

5. If, in accordance with this Code, during the construction, reconstruction of a capital construction object, it is envisaged that the developer or technical customer in advance, but not later than seven working days before the start of construction, the reconstruction of the capital construction object must send to the state building supervision federal executive body, executive body of a subject of the Russian Federation or an authorized organization exercising 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, (hereinafter also - state construction supervision authorities) a notice of the commencement of such work, to which the following documents are attached:

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction;

3) a copy of the document on the placement of indentation lines from the red lines on the terrain;

4) general and special journals in which records are kept of the performance of work;

5) a positive conclusion of the examination of the design documentation in the event that the design documentation of the capital construction object is subject to examination in accordance with.

5.1. The person carrying out the construction has the right not to submit the documents provided for in clauses 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request these documents (the information contained in them) from the authority that issued the construction permit.

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, overhaul of the capital construction object in accordance with the task of the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator (in the case of construction, reconstruction, overhaul on on the basis of a construction contract), project documentation, requirements for the construction, reconstruction of a capital construction facility established as of the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit, permitted use of the land plot, restrictions established in accordance with the land and other legislation of the Russian Federation , the requirements of technical regulations and at the same time ensure the safety of work for third parties and the environment, compliance with the requirements of labor safety, preservation of cultural heritage I. The person carrying out the construction is also obliged to provide access to the territory where the construction, reconstruction, overhaul of the capital construction facility is carried out, representatives of the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, state construction supervision bodies, provide them the necessary documentation, carry out construction control, ensure the maintenance of as-built documentation, notify the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, representatives of state construction supervision authorities about the deadlines for completion of works that are subject to verification, ensure the elimination of identified deficiencies and not to proceed with the continuation of work until the drawing up of acts on the elimination of identified shortcomings, to ensure control over the quality of the building materials used.

7. Deviation of the parameters of the capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the newly approved developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator of the project documentation after making appropriate changes to it in the manner established by the federal executive body authorized by the Government of the Russian Federation.

8. In case of discovery of an object that has the characteristics of a cultural heritage object in the process of construction, reconstruction, overhaul, the person carrying out the construction must suspend construction, reconstruction, overhaul, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object .

9. Requirements for the preparation of land plots for construction and capital construction for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals that record the performance of work, the procedure for construction, reconstruction, overhaul , the procedure for conservation of a capital construction object may be established by regulatory legal acts of the Russian Federation.

Commentary on Art. 52 GK RF

1. The introduction of such a norm is also a novelty of urban planning legislation. Another important point is to consolidate the provision that the construction, reconstruction of capital construction facilities, overhaul of such facilities are regulated by federal level. Prior to this, the possibility of adopting territorial and regional building codes was envisaged.

Construction, reconstruction, overhaul of capital construction facilities, except for the cases provided for by the Civil Code of the Russian Federation, must be carried out exclusively on the basis of a construction permit and in compliance with technical regulations (prior to their introduction, the requirements of regulatory legal acts of the Russian Federation), otherwise the capital construction facility will be in accordance with Art. 222 of the Civil Code of the Russian Federation to be an unauthorized construction.

2 - 3. Parts 2 and 3 of the article establish the circle of persons who can carry out construction. Such persons can be both the developer himself and an individual or legal entity attracted by him (or his authorized person - the customer) on a contractual basis. At the same time, these persons may carry out construction only if they comply with the requirements of the legislation of the Russian Federation for persons engaged in such activities.

The legislation of the Russian Federation establishes such a requirement for persons who can carry out construction and reconstruction as a license. Moreover, this requirement has undergone significant changes. Previously, in accordance with paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-FZ “On Licensing Certain Types of Activities”, activities for the construction of buildings and structures of I and II levels of responsibility were subject to licensing in accordance with the state standard. At the same time, the levels of responsibility of buildings and structures were established in accordance with GOST 27751-88 “Reliability of building structures and foundations. Basic provisions for calculation ”, approved by the Decree of the USSR Gosstroy of March 25, 1988 N 48 (as amended on December 21, 1993). According to the Rules for taking into account the degree of responsibility of buildings and structures in the design of structures, approved by the Decree of the USSR Gosstroy of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage that is possible when structures reach limit states. The procedure for licensing construction activities is established by the Regulation on licensing activities for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174 (as amended by Decree of the Government of the Russian Federation of October 3, 2002 No. 731).
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SZ RF. 2002. N 12. Art. 1149, N 41. Art. 3983.

Federal Law No. 80-FZ of July 2, 2005 amended the Law “On Licensing Certain Types of Activities”, according to which the construction of buildings and structures is subject to licensing, with the exception of seasonal or auxiliary structures. The list of works and services for the specified types of activities should be established by the regulations on licensing such types of activities.

Amendments dated July 2, 2005 to the Federal Law “On Licensing Certain Types of Activities” provided for the abolition of licensing for the construction of buildings and structures from January 1, 2007.

At the same time, the abolition of licensing of construction activities should be linked to the transition to other methods. state regulation relevant areas economic activity:

- the development of self-regulation through the creation of self-regulatory organizations in the relevant field of activity and empowering them with appropriate powers to control the proper quality of construction work;

— adoption of a number of technical regulations in the field of construction.

In this regard, it is necessary to adopt the Federal Law on Self-Regulatory Organizations, on the approval of the relevant technical regulations, and make appropriate changes to the Town Planning Code of the Russian Federation. At the moment, work is being done to amend and adopt these federal laws not completed.

In this regard, on December 22, 2006, the State Duma adopted the Federal Law “On Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid”, according to which the term for licensing the construction of buildings and structures was extended until July 1, 2007.

If construction, reconstruction, overhaul is carried out by a specialized organization engaged by the developer (the person authorized by him - the customer) on a contractual basis, then the relationship between the developer (customer) and the person involved on a contractual basis is regulated by civil law. It could be a building contract investment contract etc. In addition, specialized organizations may be involved by the developer (customer) to perform individual construction or installation work. The protocol of the Ministry of Construction of Russia dated February 20, 1996 N 6 approved Guidelines on the development of the terms of the contract for the construction of guarantees and guarantees.

On February 24, 1999, the Gosstroy of Russia approved the Exemplary Professional Code of Civil Engineers MDS 12-6.2000, which defines the ethical foundations and fundamental rules for professional activities carried out by relevant specialists in investment and construction activities on the territory of the Russian Federation. The specified Code is aimed at maintaining a high level of competence and professionalism of specialists in the field of capital construction, ensuring the prestige of professional affiliation, ensuring the conscientious performance of professional functions and obligations of specialists to society, the state, the customer and colleagues. The provisions of the Code are a voluntary obligation of each specialist to society, his profession and colleagues.
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Gosstroy RF. M., 1999.

4 - 6. The commented article 52 of the Civil Code of the Russian Federation establishes the obligations of the developer (customer) and the person carrying out the construction (parts 4 - 6). In addition to the requirements established by this article, during construction, reconstruction, major repairs, the person carrying out the construction must also comply with the requirements of other federal laws. For example, Art. 15 of the Federal Law of July 21, 1997 N 117-FZ "On the safety of hydraulic structures" provides compulsory insurance for the period of construction of a hydraulic structure, risks of civil liability for obligations arising from damage to life, health of individuals, property of individuals and legal entities as a result of an accident of a hydraulic structure.
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SZ RF. 1997. N 30. Art. 3589.

Part 5 of the article establishes a list of documents sent to the state construction supervision authorities at the start of construction, reconstruction, major repairs.

Federal Law No. 210-FZ of December 31, 2005 “On Amendments to the Town Planning Code of the Russian Federation” clarified that in the case of issuing a permit for a separate stage of construction, reconstruction, it is required, accordingly, not all project documentation to be submitted to the state construction supervision authority for a capital construction facility, but only project documentation in the amount necessary for the implementation of the corresponding stage of 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” supplemented the list of documents sent to the bodies authorized to carry out state construction supervision with a positive conclusion from the state examination of project documentation in if the design documentation of the capital construction object is subject to state expertise in accordance with.

General and special journals are also sent to the bodies of state construction supervision, in which records are kept of the performance of work. According to SNiP 12-01-2004 "Organization of construction", approved by the Decree of the Gosstroy of Russia dated April 19, 2004 N 70, the general work log is the main primary production document reflecting the technological sequence, timing, quality of performance and conditions for the production of construction and installation works. The main purpose of the journal is to ensure the traceability of managers, performers and the results of work that determine the strength, stability and reliability of a building (structure).

A general log of works is maintained during the construction (reconstruction) of individual or groups of the same type buildings (structures) under construction at the same time, located within one construction site. The general work log is maintained by the person responsible for the execution of work at the facility (responsible work foreman), and fills it out from the first day of work at the facility personally or entrusts it to subordinate engineering and technical workers. Specialized construction and installation organizations keep special logs of work, which are kept by the responsible persons performing these works. Upon completion of the work, a special log is transferred to the organization responsible for the execution of work at the facility (general contractor). The general journal must be numbered, laced, decorated with all signatures on the title page and sealed with the seal of the organization that issued it. If there is not enough space for entries in the journal, new magazine works with the next number, which is recorded on the title page. When a completed construction facility is put into operation, general and special work logs are presented to the receiving organization (body) and, after acceptance of the facility, are transferred for permanent storage to the customer (developer) or, on his behalf, to the operating organization or user. With the permission of the body of architectural and construction supervision, it is allowed to keep a journal in the form of an electronic document. At the same time, reliable protection against unauthorized access, as well as identification of signatures of responsible officials, must be provided.

7. Part 7 of the commented article provides that the deviation of the parameters of the capital construction object from the design documentation is allowed only on the basis of the design documentation newly approved by the developer or customer after making appropriate changes to it in the manner established by the Government of the Russian Federation. Prior to the establishment of the specified procedure by the Government of the Russian Federation, when making changes to the project documentation, such documentation is sent for a second state examination, except for cases when the project documentation in accordance with Art. 49 of the Civil Code of the Russian Federation is not subject to state expertise.

8. Part 8 of the commented article 52 of the Civil Code of the Russian Federation establishes the obligations of the person carrying out the construction in the event of the discovery of objects on the land plot being built up that have the characteristics of objects of cultural heritage. In addition, in this case, the person carrying out the construction is obliged to act in accordance with the requirements established by Art. 37 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation". So, according to part 3 of this article, in the event that measures are taken to eliminate the danger of destruction of the discovered object, which has the characteristics of a cultural heritage object, the suspended work can be resumed with the written permission of the relevant body for the protection of cultural heritage objects, according to which the work was suspended.
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SZ RF. 2002. N 26. Art. 2519.

Signs of a cultural heritage object are established by Art. 3 of the said Law. Thus, objects of cultural heritage include objects real estate with related works of painting, sculpture, arts and crafts, objects of science and technology and other objects of material culture, resulting from historical events, which are of value in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, true sources of information about the origin and development of culture.

9. Part 9 of the commented article provides for the possibility of regulating the procedure and individual issues construction, reconstruction, overhaul.

Among such regulatory legal acts, it should be noted the Order of the Ministry of Defense of Russia dated June 27, 1996 N 260 "On approval of the Guidelines for the maintenance, current and overhaul of buildings and facilities of the Ministry of Defense of the Russian Federation", SNiP 12-03-2001 "Labor safety in construction Part 1. General requirements”, adopted by the Decree of the Gosstroy of Russia of July 23, 2001 N 80, SNiP 12-04-2002 “Labor safety in construction. Part 2. Construction production"(approved by the Decree of the Gosstroy of Russia of September 17, 2002 N 123), GOST R 52059-2003" Household services. Services for the repair and construction of housing and other buildings. General specifications”(adopted by the Decree of the State Standard of Russia of May 28, 2003 N 162-st), SNiP 1.04.03-85 “Standards for the duration of construction and groundwork in the construction of enterprises, buildings and structures” (as amended in 1991), Departmental building codes VSN 58-88 (p) "Regulations on the organization and implementation of the reconstruction, repair and maintenance of buildings, capital social and cultural facilities", approved. Order of the State Committee for Architecture of Russia under the Gosstroy of the USSR dated November 23, 1988 N 312, GOST R ISO 9000-2001 “Quality management systems. Basic provisions and dictionary”, adopted by the Decree of the State Standard of Russia of August 15, 2001 N 332-st (as amended and supplemented on July 7, 2003), etc.
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Bulletin of normative acts of the federal organs of executive power. 2001. No. 38.

It is mandatory in terms of the requirements of Art. 46 of the Federal Law of December 27, 2002 N 184-FZ "On Technical Regulation".

Stroyizdat. M., 1990.

M.: IPK "Standards Publishing House", 2003.

It should be especially noted that from January 1, 2005, approved by the Decree of the Gosstroy of Russia of April 19, 2004 N 70 SNiP 12-01-2004 "Organization of construction", are in force. This document is advisory in nature and establishes for voluntary application general rules construction, reconstruction, procedures for quality control of construction and reconstruction and assessment of the compliance of completed construction of real estate with the requirements of project documentation and the terms of contracts. These SNiPs also establish recommendations for preparing a land plot, equipping a construction site, and other preparatory actions for construction, reconstruction, and overhaul.
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Rationing in construction and housing and communal services. 2004. No. 3.

In addition, it should be noted that in order to ensure the required reliability and safety of construction projects, it is necessary to use appropriate high-quality building materials. The rules for confirming the suitability of new materials, products, structures and technologies for use in construction were approved by Decree of the Government of the Russian Federation of December 27, 1997 N 1636. According to these Rules, the suitability of new products for use in design and construction is confirmed by a technical certificate, which is issued taking into account the mandatory requirements of construction, sanitary, fire, industrial, environmental, as well as other safety standards approved in accordance with applicable law. For the use of new products in construction without a technical certificate, the guilty persons are held liable in accordance with the legislation of the Russian Federation.
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SZ RF. 1998. N 1. Art. 138.

Second Commentary on Article 52 of the Town Planning Code

1. Legal regulation implementation of construction includes not only the norms of the Civil Code of the Russian Federation. Requirements for the preparation of land plots and capital construction objects for construction work, the composition and procedure for maintaining executive documentation, the form and procedure for maintaining general and special journals, the procedure for carrying out construction work, the procedure for conservation of a capital construction object may be established by other regulatory legal acts (part 9 of the commented Article 52 of the Civil Code of the Russian Federation). For example, when carrying out construction work, technical regulations must be observed in accordance with the Technical Regulations on the Safety of Buildings and Structures dated December 30, 2009 N 384-FZ. In pursuance of this Law, by order of the Government of the Russian Federation of June 21, 2010 N 1047-r, the List of national standards and sets of rules (parts of such standards and sets of rules) was approved, as a result of which, on mandatory basis compliance with the requirements of the said Federal Law is ensured. The list of types of work that can be carried out only if there is a certificate of admission issued by the GrSRO is approved by Order of the Ministry of Regional Development of Russia dated December 30, 2009 N 624 “On approval of the List of types of work on engineering surveys, on the preparation of project documentation, on construction, reconstruction, overhaul capital construction projects that have an impact on the safety of capital construction projects. The procedure for maintaining as-built documentation during construction is defined in Orders of Rostekhnadzor dated December 26, 2006 N 1128 “On approval and implementation of the Requirements for the composition and procedure for maintaining as-built documentation during construction, reconstruction, overhaul of capital construction facilities and the requirements for inspection certificates works, structures, sections of engineering networks” and dated January 12, 2007 N 7 “On approval and implementation of the Procedure for maintaining a general and (or) special log of work performed during construction, reconstruction, overhaul of capital construction objects” . The rules for the conservation of a capital construction object were approved by Decree of the Government of the Russian Federation of September 30, 2011 N 802.

2. Parts 2 - 6, 8 of the commented article determine the procedure for the implementation of construction, reconstruction, overhaul. The person carrying out the construction may be the developer himself or another person involved under the contract (individual entrepreneur or legal entity) (part 3). It is required to have a certificate of admission to work issued by the GrSRO only to perform the work established in the List approved by Order of the Ministry of Regional Development of Russia dated December 30, 2009 N 624 (parts 2 and 3.1). This List of types of work is exhaustive and is not subject to broad interpretation. However, there are situations when state construction supervision authorities allow a different interpretation of this norm.

Example: according to the inspection, the implementation of construction control is classified as work that affects the safety of capital construction facilities, and therefore the person who conducts construction control is required to obtain a certificate from the State Construction and Construction Organization on admission to construction organization work. Based on this, the developer was held administratively liable. The court considered that work on the implementation of construction control by the developer (with the exception of construction control during the construction, reconstruction and overhaul of nuclear facilities) is not included in the List of types of work, approved. Order of the Ministry of Regional Development of Russia dated December 30, 2009 N 624 (in contrast to the previously existing List, approved by Order of the Minister regional development RF dated December 9, 2008 N 274), and declared bringing to administrative responsibility illegal (see Resolution Arbitration Court West Siberian District of April 11, 2016 in case N A45-15692 / 2015).

The developer or technical customer has the right to engage contractors to perform construction work in stages (part 3.2).

The obligations of the person carrying out the construction are (parts 3, 6, 8):

— organization and coordination of construction works;

— Ensuring compliance with the requirements of project documentation, technical regulations;

- Responsibility for the quality of construction work performed;

- Responsibility for compliance of construction works with project documentation. Deviation of the parameters of the capital construction object from design solutions, affecting the design and other characteristics of the reliability of the capital construction object and its parts, entails liability under Part 2 of Art. 9.4 of the Code of Administrative Offenses of the Russian Federation (see Resolution of the Federal Antimonopoly Service of the West Siberian District of January 31, 2014 in case N A75-1623 / 2013);

– implementation of construction works in accordance with the task of the developer or technical customer, the urban planning plan of the land plot. If this obligation is not fulfilled, not only can a demand be made to bring the building under construction in line with the requirements of the urban development plan of the land plot, but also the issuance of a permit to put the facility into operation can be denied (see Resolution of the Federal Antimonopoly Service of the East Siberian District dated March 19, 2014 on case N A33-8765/2013);

— ensuring the safety of work for third parties and the environment;

— fulfillment of labor safety requirements;

— fulfillment of the requirements for the preservation of cultural heritage sites;

- providing access to the territory where construction work is being carried out, representatives of the developer or technical customer, state construction supervision authorities and providing them with the necessary documentation;

— implementation of construction control;

- ensuring the maintenance of executive documentation. In case of violation of this obligation, the person carrying out the construction may be held administratively liable under Part 1 of Art. 9.4 of the Code of Administrative Offenses (see Resolution of the Federal Antimonopoly Service of the West Siberian District of January 17, 2011 in case N A46-7409 / 2010). It should be noted that this rule does not impose on the contractor the obligation to transfer the as-built documentation to the customer and does not determine the composition of the as-built documentation to be transferred (see Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of November 29, 2013 in case N A43-23909 / 2012). However, such an obligation may be provided for by a construction contract (see Resolution of the Federal Antimonopoly Service of the Volga District of March 26, 2012 in case N A12-11142 / 2011);

- notification of the developer or technical customer, representatives of state construction supervision authorities about the deadlines for completion of work;

– ensuring the elimination of deficiencies identified by the state construction supervision body;

- the obligation not to proceed with the continuation of work until the state construction supervision body draws up acts on the elimination of identified shortcomings;

— ensuring control over the quality of the building materials used. Violation of this requirement may entail administrative liability under Part 1 of Art. 9.4 of the Code of Administrative Offenses of the Russian Federation, and if this creates a threat of harm to the life or health of citizens, the environment, the life or health of animals and plants - under Part 2 of Art. 9.4 of the Code of Administrative Offenses of the Russian Federation (see the Resolution of the Arbitration Court of the West Siberian District of July 12, 2016 in case N A75-15526 / 2015);

— the obligation to suspend construction work in the event of the discovery of an object with signs of a cultural heritage object during the construction process. Such signs are established in Art. 3 of the Federal Law "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation". If there is doubt about the historical value of the identified object, construction work may be suspended to preserve the integrity of the object and conduct a historical and cultural examination (see Resolution of the FAS of the Ural District of February 26, 2009 in case N A60-15401 / 2008-C5). On the discovery of a cultural heritage object, it is necessary to notify the authorities provided for by the legislation of the Russian Federation on cultural heritage objects.

Example: the contractor did not notify the supervisory authority in time, resulting in significant damage to the cultural heritage site. After the inspection, the Department of the Ministry of Culture of the Russian Federation issued an order to suspend work, the implementation of which may worsen the state of the cultural heritage site, violate its integrity and safety. At the same time, restrictions are introduced until the elimination of the causes that contributed to the damage to cultural heritage objects, until the development and approval by state bodies authorized in the field of protection of cultural heritage objects, a program of work to ensure the safety of cultural heritage objects in the construction zone, and to carry out measures to preserve cultural heritage objects. heritage (see Resolution of the Federal Antimonopoly Service of the North Caucasus District of April 30, 2014 in case N A32-18079 / 2013).

The duties of the developer or technical customer include (parts 4 and 5):

— preparation of a land plot for construction and a capital construction facility for reconstruction or major repairs. Failure to fulfill this obligation is the basis for the release of the person carrying out the construction from liability for the delay in the timing of the construction and installation work, since it occurred for reasons objectively beyond his control (see Resolution of the Ninth Arbitration Court of Appeal dated September 8, 2015 on case N A40-192617/2014);

— transfer to the contractor of engineering survey materials and project documentation. For failure to fulfill this obligation, the developer may be held administratively liable under Part 1 of Art. 9.4 of the Code of Administrative Offenses (see the Resolution of the Third Arbitration Court of Appeal dated July 6, 2011 in case N A33-2166 / 2011). Failure to fulfill this obligation is the basis for the release of the person carrying out the construction from liability for the delay in the completion of construction and installation works (see the Resolution of the Ninth Arbitration Court of Appeal dated January 13, 2015 in case N A40-80186 / 14);

- transfer of a building permit to the contractor. At the same time, the obligation to obtain a construction permit may be imposed by the contract on the person carrying out the construction (see Resolution of the Federal Antimonopoly Service of the East Siberian District of October 18, 2007 in case N A19-10081 / 07-36; Resolution of the Arbitration Court of the Far Eastern District of 14 July 2016 in case N A73-13521/2015). Despite the fact that the responsibility for obtaining a building permit is assigned to the developer, the person carrying out the construction can also be fined for its absence.

Example: Part 1 of Art. 9.5 of the Code of Administrative Offenses of the Russian Federation provides administrative responsibility for the construction, reconstruction, overhaul of capital construction facilities without a building permit, if obtaining such a permit was necessary. The objective side of this offense is the commission of actions for the construction of an object in the absence of a building permit. Consequently, the subject of this offense may be not only the developer or customer, but also the person who directly carries out the construction as a contractor or general contractor. Thus, the contractor should not have started construction of facilities without obtaining permission from the customer (developer) for their construction (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of April 19, 2011 in case No. A40-19954 / 10-94-110);

— ensuring the conservation of the capital construction facility. Conservation is a set of measures to preserve the strength, stability and reliability of the completed construction work. In the event that during the inspection violations of the requirement for the conservation of a capital construction object were revealed, the developer may be held administratively liable under Part 1 of Art. 9.4 of the Code of Administrative Offenses (see the Resolution of the Arbitration Court of the Moscow District of January 21, 2016 in case N A40-100895 / 2015). The cost of conservation of the facility is borne by the customer.

Example: the customer was granted the satisfaction of the requirements for the recovery of costs for the conservation of the facility, which in this case are assigned to the customer, despite the fact that the construction of the facility has not been carried out for more than a year (see Determination of the Supreme Arbitration Court of the Russian Federation dated November 21, 2011 N VAC- 14354/11).

To carry out the conservation of a capital construction facility, it is not required to obtain a construction permit, since no construction and installation work is being carried out, such a basis has not been established either (see Resolution of the First Arbitration Court of Appeal dated December 4, 2014 in case N A43-20935 /2014);

- advance (seven working days before the start of construction work) sending to the state construction supervision authorities a notice of the start of construction work with the attachment of documents, the list of which is defined in Part 5.1 of the commented article. Documents may be requested by the state construction supervision body as part of interagency cooperation. Failure to send a notice of the commencement of construction work constitutes an administrative offense under Part 2 of Art. 9.5 of the Code of Administrative Offenses of the Russian Federation. By virtue of h. 1 Article. 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for violating the legislation on urban planning is one year from the moment an administrative offense was discovered (see Resolution of the Ninth Arbitration Court of Appeal dated October 26, 2015 in case N A40-116468 / 15).

3. Part 7 of the commented article 52 of the Town Planning Code of the Russian Federation allows deviation of the parameters of the capital construction object (height, number of floors, area, volume, etc.) from the design documentation, if the need for deviation was revealed in the process of construction, reconstruction, overhaul of such an object. The reasons that led to the need to deviate the parameters of the capital construction object from the design documentation must be objective, independent of the will of the developer (see Decree of the Presidium of the Armed Forces of the Russian Federation of November 11, 2015 N 301-PEC15). In this case, the design documentation must be changed and approved by the developer or technical customer. It should be noted that the customer must send the amended project documentation for a second state examination (see letter of the Ministry of Regional Development of Russia dated September 15, 2011 N 25264-DS / 11 "On the repeated state examination of project documentation"). In the case of construction work on project documentation that does not have a positive conclusion from the expert body after changes are made to it in terms of technical solutions, administrative liability arises under Part 2 of Art. 9.4 of the Code of Administrative Offenses (see the Resolution of the Arbitration Court of the East Siberian District of December 2, 2015 in case N A19-1024 / 2015). Another measure of responsibility may be the refusal to issue a permit to put the facility into operation (see the Resolution of the Federal Antimonopoly Service of the East Siberian District of March 23, 2009 in case N A74-1579 / 08).

4. From July 1, 2017, Federal Law No. 372-FZ of July 3, 2016 amends the commented article 52 of the GrK. The adoption of this Law is due to the need to improve urban planning legislation in connection with the identification of numerous violations in the activities of the SRO regarding compliance with the requirements for issuing certificates of admission to work that affect the safety of capital construction facilities, and the rules for monitoring the activities of SRO members. In this regard, the requirements for persons involved in the implementation of construction work are changing. The developer, technical customer, the person responsible for the operation of the building, structure, regional operator can only involve persons who are members of the GrSRO for construction. At the same time, the execution of construction work will be provided by specialists in the organization of construction (chief engineers of projects) (part 2). Persons who are not members of the GrSRO may perform construction work under contracts with the above persons, provided that the amount of obligations under each of such contracts does not exceed 3,000,000 rubles (part 3.1). In addition, the legislator has defined a list of persons who do not need membership in the GrSRO to carry out construction work (part 3.2). Persons who are not developers, technical customers, persons responsible for the operation of a building, structure, regional operators, may engage contractors who are not members of the GSRRO to perform construction work. The obligation of the developer (contractor) to organize and coordinate construction work is excluded (part 3). To the obligations of the person carrying out the construction, the need to comply with the requirements for the permitted use of the land plot and restrictions on its use is added (part 6). The right of the developer to independently carry out construction is established if he is a member of the GrSRO (part 3.1).

1. Construction, reconstruction of capital construction facilities, as well as their overhaul, if during its implementation the structural and other characteristics of the reliability and safety of such facilities are affected, is regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

2. Types of work on construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities should be performed only by individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization. Other types of construction, reconstruction, overhaul of capital construction projects can be performed by any individuals or legal entities. (As amended by Federal Law No. 148-FZ of July 22, 2008)

3. Persons carrying out construction, reconstruction, overhaul of capital construction facilities (hereinafter referred to as the person carrying out construction) may be a developer or an individual or legal entity engaged by the developer or customer on the basis of an agreement that meets the requirements provided for by Part 2 of this article. (As amended by Federal Law No. 148-FZ of July 22, 2008)

4. When building, reconstructing, overhauling a capital construction object by a person carrying out construction on the basis of an agreement with a developer or customer, the developer or customer must prepare a land plot for construction and a capital construction object for reconstruction or major repairs, and also transfer it to the person carrying out construction, engineering survey materials, project documentation, building permit. If it is necessary to stop work or suspend it for more than six months, the developer or customer must ensure the conservation of the capital construction object.

5. If, in accordance with this Code, in the course of construction, reconstruction, overhaul of a capital construction object, state construction supervision is provided, the developer or customer in advance, but not later than seven working days before the start of construction, reconstruction, overhaul of the capital construction object construction must send to the federal executive body authorized to carry out state construction supervision, the executive body of the constituent entity of the Russian Federation (hereinafter also referred to as state construction supervision bodies) a notice of the commencement of such work, to which the following documents are attached:

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction; (As amended by Federal Law No. 210-FZ of December 31, 2005)

3) a copy of the document on the placement of indentation lines from the red lines on the terrain;

4) general and special journals in which records are kept of the performance of work;

5) a positive conclusion of the state examination of the design documentation if the design documentation of the capital construction object is subject to state examination in accordance with. (The paragraph was supplemented by Federal Law No. 232-FZ of December 18, 2006)

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, overhaul of the capital construction object in accordance with the assignment of the developer or customer (in the case of construction, reconstruction, overhaul on the basis of the contract), project documentation, the requirements of the town planning plan of the land plot, the requirements technical regulations and, at the same time, ensure the safety of work for third parties and the environment, the fulfillment of labor safety requirements, and the preservation of cultural heritage sites. The person carrying out the construction is also obliged to provide access to the territory where the construction, reconstruction, overhaul of the capital construction object is carried out, representatives of the developer or customer, state construction supervision bodies, provide them with the necessary documentation, conduct construction control, ensure the maintenance of executive documentation, notify builder or customer, representatives of state construction supervision authorities on the timing of completion of works that are subject to verification, ensure the elimination of identified deficiencies and not proceed with the continuation of work until the drawing up of acts on the elimination of identified deficiencies, ensure control over the quality of the building materials used.

7. Deviation of the parameters of the capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the design documentation newly approved by the developer or customer after making appropriate changes to it in the manner established by the authorized Government of the Russian Federation federal executive body. (As amended by Federal Law No. 160-FZ of July 23, 2008)

8. In case of discovery of an object that has the characteristics of a cultural heritage object in the process of construction, reconstruction, overhaul, the person carrying out the construction must suspend construction, reconstruction, overhaul, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object .

9. Requirements for the preparation of land plots for construction and capital construction for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals that record the performance of work, the procedure for construction, reconstruction, overhaul , the procedure for conservation of a capital construction object may be established by regulatory legal acts of the Russian Federation.

1. Construction, reconstruction of capital construction projects, as well as their overhaul is regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

(As amended by Federal Law No. 243-FZ of July 18, 2011)

2. Work under agreements on construction, reconstruction, overhaul of capital construction objects concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as the construction contract) must be carried out only by individual entrepreneurs or legal entities. persons who are members of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities, unless otherwise provided by this article. Construction, reconstruction, overhaul of capital construction projects under such contracts is carried out by specialists in the organization of construction (chief project engineers). Work under agreements on construction, reconstruction, overhaul of capital construction facilities concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

(Part 2 as amended by Federal Law No. 372-FZ of July 3, 2016)

2.1. An individual entrepreneur or a legal entity that is not a member of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities may perform work under construction contracts concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator, if the amount of obligations under each of such contracts does not exceed three million rubles.

(Part 2.1 was introduced by Federal Law No. 372-FZ of July 3, 2016)

2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude construction contracts with federal executive authorities, state corporations exercising legal regulation in the relevant area, state authorities of subjects of the Russian Federation, by the local authorities in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local authorities;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these enterprises, institutions, as well as with federal executive bodies authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments, which are provided for in clause 1 of this part and which are in charge of the specified enterprises, institutions, or if such commercial organizations perform the functions of a technical customer on behalf of the specified enterprises, institutions, federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

3) legal entities established by public law entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in established areas of activity (in areas for the purpose of carrying out activities in which such legal entities are created ), as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with these legal entities or if such commercial organizations perform the functions of a technical customer on behalf of these legal entities persons;

4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, within the established in the areas of activity of which the said legal entities carry out statutory activities, or in the event that the said legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in authorized (share) capital where the share of the said legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the said federal executive bodies, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities or, in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities;

5) persons engaged in construction, reconstruction, overhaul of facilities specified in paragraphs 1-3 of part 17 of Article 51 of this Code.

(as amended by Federal Law No. 340-FZ of August 3, 2018)

(Part 2.2 was introduced by Federal Law No. 372-FZ of July 3, 2016)

3. The person carrying out the construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as the person carrying out the construction) may be a developer or an individual entrepreneur or a legal entity that has entered into a building contract. The person carrying out the construction ensures compliance with the requirements of the design documentation, technical regulations, safety precautions in the course of the specified works and is responsible for the quality of the work performed and their compliance with the requirements of the design documentation.

(Part 3 as amended by Federal Law No. 372-FZ of July 3, 2016)

3.1. The developer has the right to carry out construction, reconstruction, overhaul of capital construction objects independently, provided that he is a member of a self-regulatory organization in the field of construction, reconstruction, overhaul of capital construction objects, unless otherwise provided by this article, or with the involvement of other persons under a building contract .

(Part 3.1 as amended by Federal Law No. 372-FZ of July 3, 2016)

3.2. In the event that a permit is issued for certain stages of construction, reconstruction of capital construction projects, individual entrepreneurs or legal entities that are members of a self-regulatory organization in the field of construction, reconstruction of capital construction facilities (unless otherwise provided by this article), may be involved by the developer or technical customer on the basis of a construction contract. contract for the implementation of individual stages of construction, reconstruction of a capital construction facility.

(Part 3.2 as amended by Federal Law No. 372-FZ of July 3, 2016)

4. When carrying out construction, reconstruction, overhaul of a capital construction object on the basis of a construction contract with a developer or technical customer, a person responsible for the operation of a building, structure, a regional operator, these persons must prepare a land plot for construction and (or) a capital construction object for reconstruction or overhaul, as well as transfer to an individual entrepreneur or legal entity with whom such an agreement is concluded, materials and results of engineering surveys, project documentation, construction permit. If it is necessary to stop work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.

(as amended by Federal Laws No. 337-FZ of November 28, 2011, No. 372-FZ of July 3, 2016)

5. If, in accordance with this Code, when carrying out construction, reconstruction of a capital construction object, state construction supervision is provided, the developer or technical customer in advance, but not later than seven working days before the start of construction, must send the reconstruction of the capital construction object to the authorized for state construction supervision, a federal executive body, an executive body of a constituent entity of the Russian Federation or the State Atomic Energy Corporation "Rosatom" (hereinafter also referred to as state construction supervision bodies) a notice of the commencement of such work, to which the following documents are attached:

(as amended by Federal Laws No. 243-FZ of 18.07.2011, No. 337-FZ of 28.11.2011, No. 188-FZ of 02.07.2013, No. 342-FZ of 03.08.2018)

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary for the implementation of the corresponding stage of construction;

(as amended by Federal Law No. 210-FZ of December 31, 2005)

3) a copy of the document on the placement of indentation lines from the red lines on the terrain;

4) general and special journals in which records are kept of the performance of work;

5) a positive conclusion of the examination of the design documentation in the event that the design documentation of the capital construction object is subject to examination in accordance with Article 49 of this Code.

(Clause 5 was introduced by Federal Law No. 232-FZ of December 18, 2006, as amended by Federal Law No. 337-FZ of November 28, 2011)

5.1. The person carrying out the construction has the right not to submit the documents provided for in clauses 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request these documents (the information contained in them) from the authority that issued the construction permit.

(Part 5.1 was introduced by Federal Law No. 169-FZ of July 1, 2011, as amended by Federal Law No. 337-FZ of November 28, 2011)

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, overhaul of the capital construction object in accordance with the task of the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator (in the case of construction, reconstruction, overhaul on on the basis of a construction contract), project documentation, requirements for the construction, reconstruction of a capital construction facility established as of the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit, permitted use of the land plot, restrictions established in accordance with the land and other legislation of the Russian Federation , the requirements of technical regulations and at the same time ensure the safety of work for third parties and the environment, compliance with the requirements of labor safety, preservation of cultural heritage I. The person carrying out the construction is also obliged to provide access to the territory where the construction, reconstruction, overhaul of the capital construction facility is carried out, representatives of the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, state construction supervision bodies, provide them the necessary documentation, carry out construction control, ensure the maintenance of as-built documentation, notify the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, representatives of state construction supervision authorities about the deadlines for completion of works that are subject to verification, ensure the elimination of identified deficiencies and not to proceed with the continuation of work until the drawing up of acts on the elimination of identified shortcomings, to ensure control over the quality of the building materials used.

(as amended by Federal Laws No. 337-FZ of November 28, 2011, No. 372-FZ of July 3, 2016, No. 373-FZ of July 3, 2016)

7. Deviation of the parameters of the capital construction object from the design documentation, the need for which was revealed in the process of construction, reconstruction, overhaul of such an object, is allowed only on the basis of the newly approved developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator of the project documentation after making appropriate changes to it in the manner established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by Federal Laws No. 160-FZ of 23.07.2008, No. 337-FZ of 28.11.2011, No. 372-FZ of 03.07.2016)

8. In case of discovery of an object that has the characteristics of a cultural heritage object in the process of construction, reconstruction, overhaul, the person carrying out the construction must suspend construction, reconstruction, overhaul, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object .

9. Requirements for the preparation of land plots for construction and capital construction for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals that record the performance of work, the procedure for construction, reconstruction, overhaul , the procedure for conservation of a capital construction object may be established by regulatory legal acts of the Russian Federation.

Urban Planning Code (GRK) of the Russian Federation specializes in the regulation of urban planning activities aimed at developing the territories of cities, various settlements and individual (related to these works, services) relations. Contributes to the sustainable development of territories based on territorial planning and urban zoning. Controls the balance of accounting for economic, environmental, social, etc. factors in the implementation of urban development work. Declares that people with disabilities have the right conditions for their unhindered access to facilities for various purposes. Raises such issues as the participation of people and their associations in the implementation of urban planning, ensuring the freedom of such participation, the responsibility of the state authorities of our country, government agencies of the subjects of the Russian Federation and local self-government for ensuring decent living conditions for a person, etc.