Articles 52 of the town planning code of the Russian Federation. Draft Federal Law “On Amendments to the Urban Planning Code of the Russian Federation. In the name of the Russian Federation
1. Construction, reconstruction of facilities capital construction, as well as their overhaul is regulated by this Code, other federal laws and other regulatory legal acts adopted in accordance with them Russian Federation.
2. Work under contracts for construction, reconstruction, overhaul of capital construction projects concluded with a developer, technical customer, a person responsible for the operation of a building, structure, a regional operator (hereinafter also referred to as a construction contract) should be performed only by individual entrepreneurs or legal entities. persons who are members of self-regulatory organizations in the field of construction, reconstruction, overhaul capital construction projects, 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 contracts for construction, reconstruction, overhaul of capital construction projects 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 objects can perform work under construction contracts concluded with a developer, technical customer, a person responsible for the operation of a building, structure, a regional operator, if the amount of obligations under each of such agreements does not exceed three million rubles.
2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction objects is not required:
1) state and municipal unitary enterprises, including state and municipal government enterprises, state and municipal institutions in the event that they conclude construction contracts with federal executive authorities, state corporations that carry out legal regulation in the relevant area, by public authorities of the constituent entities of the Russian Federation, local self-government bodies 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 bodies, state corporations, public authorities of the constituent entities The Russian Federation, local authorities;
2) commercial organizations, in the authorized (share) capital of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the case 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 paragraph 1 of this part and which are in charge of these enterprises, institutions, or in the case the performance by such commercial organizations of the functions of a technical customer on behalf of the said enterprises, institutions, federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local self-government bodies;
3) legal entities created by public legal 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 the established areas of activity (in the areas for the purpose of carrying out activities in which such legal entities are created ), as well as commercial organizations, in the authorized (share) capital of which the share of these legal entities is more than fifty percent, if 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 whose authorized (pooled) capital, the share of public law 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 self-government bodies, in the established spheres of activity of which these legal entities carry out statutory activities, or in the event that these 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 government bodies, as well as commercial organizations, in authorized (pooled) capital of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the indicated federal executive bodies, state authorities of the constituent entities of the Russian Federation, local self-government bodies, legal entities, or in the event that such commercial organizations perform the functions of a technical customer on behalf of the said federal executive authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies, legal entities;
5) persons carrying out construction, reconstruction, overhaul of the facilities specified in clauses 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 construction contract. The person carrying out the construction ensures that the requirements are met 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 and (or) the 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 projects 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 construction contract ...
3.2. In the case of issuing a permit 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. a 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 major repairs, 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 terminate work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.
5. In the event that, 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 the authorized for the implementation of state construction supervision federal body executive power, the executive body of the constituent entity of the Russian Federation or State corporation for atomic energy "Rosatom" (hereinafter also referred to as state construction supervision bodies) a notice of the beginning of such work, to which is attached following documents:
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 to the extent necessary for the implementation of the corresponding stage of construction;
3) a copy of the document on the placement of the indentation lines from the red lines on the terrain;
4) general and special journals, which keep records of the work performed;
5) a positive conclusion of the examination of project documentation in the event that the project documentation of a 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 paragraphs 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request the specified documents (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, which received a positive conclusion of the examination of the project documentation, in accordance with parts 3.8 and 3.9 of Article 49 of this Code after receiving a permit for the construction of a capital construction object, 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 the cases established by the Government of the Russian Federation, the documents (their copies or information contained in them) specified in clauses 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 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 is mandatory in accordance with the requirements of this Code), the requirements for construction, reconstruction of a capital construction facility established on the date of issue of an urban planning plan submitted for obtaining a construction permit land plot, the permitted use of the land plot, the 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, safety of cultural heritage objects. The person carrying out the construction is also obliged to provide access to the territory on which 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 authorities, provide them the necessary documentation, conduct construction control, provide maintenance executive documentation, notify the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator, representatives of the state construction supervision bodies about the timing of the completion of the work that is subject to verification, ensure the elimination of the identified deficiencies and not proceed with the continuation of the work until the drafting of acts on the elimination of the identified shortcomings, to ensure quality control of applied building materials.
7. Deviation of the parameters of a 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 by the 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 with signs 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. Preparation requirements land plots for construction and a capital construction facility for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals, which keep records of work performance, the procedure for construction, reconstruction, overhaul, the procedure for mothballing a capital construction facility may be established by the regulatory legal acts of the Russian Federation.
Project
THE FEDERAL LAW
On amendments to the Urban Planning Code of the Russian Federation
Article 1.
Introduce into the Urban Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art.16; 2006, N 1, Art.21; N 52, Art.5498; 2008, N 20, Art.2260; N 30, Art. . 3604, 3616; 2009, N 48, Art. 5711; 2010, N 48, Art. 6246; 2011, N 13, Art. 1688; N 27, Art. 3880; N 30, Art. 4563, 4572, 4590, 4591, 4594; N 49, Art. 7015, 7042; 2012, N 31, Art. 4322) the following changes:
1) in Article 48:
a) in part 5.2. the last sentence to be deleted;
b) clause 1 of part 12 shall be supplemented with the words "and information on belonging to especially dangerous, technically complex or unique objects.";
2) in Article 52:
a) in part 3, the word "physical" shall be replaced by the words "individual entrepreneur";
b) part 8 shall be supplemented with the words "and the developer or technical customer, in the case of performance of work under the contract.";
3) in Article 53:
a) in part 2:
To replace the word “physical” with the words “individual entrepreneur”;
After the words “and a legal entity”, add the words “who are not parties to the contract for the implementation of work on the organization of construction.”;
b) supplement with part 2.1 of the following content:
"2.1. In the event that the work on the construction control by the developer or technical customer or a person they engage on the basis of a contract is included in the list specified in part 4 of Article 55.8 of this Code, the person exercising construction control must have a certificate of admission to work on the implementation of construction control. ";
4) Clause 3 of Part 2 of Article 54 shall be stated in the following wording:
"3) fulfillment of the requirements of parts 2, 3, 3.1 of article 52, parts 2, 2.1 of article 53, part 3 of article 55.8 of this Code.";
5) clause 1 of part 55.5 shall be supplemented with the words ", as well as other rules for the performance of these works, aimed at preventing harm.";
6) in Article 55.13:
a) in part 2, after the words “upon admission to membership in a self-regulatory organization”, add the words “when considering applications for amending certificates of admission in the case when a member of a self-regulatory organization intends to obtain a certificate of admission to other types or types of work,”;
b) supplement with parts 3-5 of the following content:
"3. Control over the activities of its members in terms of their compliance with the requirements of the standards of self-regulatory organizations, self-regulation rules, as well as the requirements for the issuance of certificates of admission after the issuance of a certificate of admission is carried out by a specialized body of the self-regulatory organization for control.
4. Consideration of cases of violations by members of a self-regulatory organization in the implementation of their activities of the requirements of standards, rules of a self-regulatory organization, requirements for the issuance of certificates of admission, as well as consideration of complaints against the actions of members of a self-regulatory organization is carried out by a specialized body for the consideration of cases on the application of measures against members of a self-regulatory organization disciplinary action.
5. The specialized bodies of the self-regulatory organization specified in parts 3, 4 of this article are created, formed and accountable to the permanent collegial governing body of the self-regulatory organization. These specialized bodies may be formed from representatives of members of a self-regulatory organization, employees of a self-regulatory organization, as well as specialists and experts who are not employees of a self-regulatory organization. The composition of these specialized bodies of a self-regulatory organization may include members of a permanent collegial governing body of a self-regulatory organization, but not more than one third of the total members of a specialized body. A person acting as an executive body of a self-regulatory organization cannot be a member of specialized bodies. "
Article 2.
This Federal Law shall enter into force on the day of its official publication.
The president
Russian Federation
Article 1.
1a) the amendment is aimed at eliminating existing contradictions with the Decree of the Government of the Russian Federation No. 87, paragraph 1 of article 759 of the Civil Code of the Russian Federation, parts 6 and 7 of article 48, paragraph 7 of part 3 of article 44 of the Civil Code of the Russian Federation;
1b) the amendment is aimed at including in explanatory note to the design documentation of information on the belonging of the object to especially dangerous, technically complex or unique objects. On the territory of enterprises that are classified as especially dangerous and technically complex, administrative, household and other non-production facilities are located that are not particularly dangerous, technically complex or unique. According to the existing explanations of the Ministry of Regional Development of Russia, if the project documentation indicates that these objects are not particularly dangerous, technically complex, then when performing work, a certificate of admission to work at "simple" objects is required, that is, with lower requirements for construction organization... When placing contracts, it will be much easier for municipal and state customers to develop requirements for a bidder, guided by project documentation;
2a) the amendment is aimed at restricting the right of an individual to perform the functions of a person carrying out construction. By general rule the person carrying out the construction, in accordance with part 3.1 of Article 52 of the Code, must have a certificate of admission to work on the organization of construction, therefore, he can only be an individual entrepreneur. In the event that, in accordance with part 3.1 of Article 52 of the Code and on the basis of paragraph 2 of the order of the Ministry of Regional Development dated December 31, 2009 No. 624, the person carrying out the construction should not have a certificate of admission to work on organizing construction housing construction and others), it still cannot carry out a set of works on the organization of construction, including the implementation of construction control, as an individual, but must be registered as an individual entrepreneur;
2b) the amendment is aimed at establishing the obligation of the person carrying out the construction to inform the developer or customer about the detection of signs of a cultural heritage object. In such a situation, the costs, including financial ones, are borne by the developer or technical customer. Therefore, the sooner he finds out, the more opportunities he has to avoid wasting money;
The amendment is aimed at limiting the right of individuals to exercise construction control. Construction control is the most important component of ensuring the safety and quality of capital construction projects. In this regard, in order to improve the quality and efficiency of construction control, the subjects of construction control must meet certain requirements for reliability, stability, experience, professionalism, as well as personnel and material and technical support. In addition, taking into account the requirements for construction control by the decree of the Government of the Russian Federation dated June 21, 2010 No. 468, construction control individuals is ineffective;
The amendment is aimed at improving the legal norms governing relations in the field of construction control.
The introduced norms will make it possible to bring the Urban Planning Code of the Russian Federation into compliance with Chapter 37 of the Civil Code of the Russian Federation, and to prevent a "conflict of interest": the general contractor is the construction control of the customer, excluding the possibility of performing these works by the same person, providing multi-stage control over construction, provided for by the Decree of the Government of the Russian Federation from June 21, 2010 No. 468. Adoption of this edition will make it possible to amend the Decree of the Government of the Russian Federation of March 24, 2011 No. 207 in terms of lifting the restriction on specialists performing construction control (now they cannot be applied for other types of work);
3b) establishment, by analogy with part 2 of article 47, part 4 of article 48 and part 2 of article 52 of the town planning code of the Russian Federation, the obligation of a developer or technical customer, independently exercising construction control, to have a certificate of admission to work on the implementation of construction control;
4) the amendment is aimed at expanding the subject of state construction supervision. The lack of reference to part 3.1 of article 52, part 2 of article 53, part 3 of article 55.8 does not allow to attract persons performing work on the organization of construction and implementation of construction control without a certificate of admission, as well as those who do not comply with the requirements of the SRO for the issuance of a certificate of admission, to the administrative responsibility in accordance with Article 9.5.1 of the Administrative Code.
5) the amendment is aimed at expanding the content of the concept of "standards of a self-regulatory organization". In accordance with Part 1 of Article 1 of the Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation", the legislation on technical regulation regulates relations arising from the development, adoption, application and execution of mandatory or voluntary requirements for products or related with them to the processes of design (including research), production, construction , installation, adjustment, operation, storage, transportation, sale and disposal. Thus, the relations arising from ensuring the safety of construction, for example, issues related to labor protection, ensuring safety construction works are not subject to regulation and control by self-regulatory organizations. At the same time, in accordance with parts 3, 6 of Article 52 of the Civil Code, one of the functions of the person carrying out the construction is to ensure the safety of construction, reconstruction, overhaul of a capital construction facility, and to ensure the safety of construction for third parties. Thus, since a person carrying out construction in accordance with part 3.1 of Article 52 of the Civil Code must have a certificate of admission to work on organizing construction issued by a self-regulatory organization, control over compliance with this function should be subject to regulation and control by the SRO.
6a) the amendment establishes the obligation of the SRO to monitor compliance by a business entity with the requirements for issuing certificates of admission not only at its initial issuance, and then at least once a year, but also when amending the certificate of admission associated with granting admission to other types of work;
6b) the amendment is aimed at regulating the activities of the specialized bodies of the SRO. The Law "On Self-Regulatory Organizations" provides for the creation of mandatory two types of specialized bodies - a body for control over the activities of members and a body on the consideration of cases on the application of disciplinary measures. The creation of these bodies is absolutely essential in the activities of the SRO. However, the question remains regarding the composition of these bodies and their location in the SRO management system. For the effective work of these bodies, it is necessary that they include representatives of SRO members, SRO employees, other experts and specialists who can be attracted by the SRO. Such a composition will ensure the continuous efficiency and effectiveness of these bodies, which cannot be achieved if bodies are formed only from representatives of SRO members working on a voluntary basis. At the same time, in order to avoid abuse, it is envisaged to restrict the participation of members of the permanent collegial management body of the SRO in these specialized bodies and prohibit the participation of employees of the executive body of the SRO in these bodies.
1. Construction, reconstruction of capital construction projects, 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 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 objects can be performed by any individuals or legal entities.
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 or legal entity attracted by the developer or 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 design documentation, technical regulations, safety measures in the process of these works and is responsible for the quality of the work performed and their compliance with the requirements of the design documentation. The person carrying out the construction has the right to carry out certain types of work on construction, reconstruction, overhaul of the capital construction facility independently, provided that such person meets the requirements provided for in part 2 of this article, and (or) with the involvement of other persons who meet these requirements.
3.1. In the event that work on the organization of construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as work on organizing construction) is 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 one 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 by the developer or customer, on the basis of an agreement, legal entities may be involved as persons carrying out certain stages of construction, reconstruction of a capital construction object.
4. When carrying out construction, reconstruction, overhaul of 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 overhaul, as well as transfer to the person carrying out construction, engineering survey materials, project documentation, building permit. If it is necessary to terminate work or suspend it for more than six months, the developer or customer must ensure the conservation of the capital construction object.
5. In the event that, in accordance with this Code, when carrying out 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 exercise 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 start 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 to the extent necessary for the implementation of the corresponding stage of construction;
3) a copy of the document on the placement of the indentation lines from the red lines on the terrain;
4) general and special journals, which keep records of the work performed;
5) a positive conclusion of the state examination of project documentation in the event that the project documentation of a capital construction object is subject to a state examination in accordance with Article 49 of this Code.
6. The person carrying out the construction is obliged to carry out 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 a contract), project documentation, requirements of the urban planning plan of the land plot, requirements technical regulations and at the same time ensure the safety of work for third parties and the environment, fulfillment of labor safety requirements, safety of cultural heritage objects. The person carrying out the construction is also obliged to provide access to the territory on which the construction, reconstruction, overhaul of the capital construction object is carried out, representatives of the developer or customer, state construction supervision authorities, provide them with the necessary documentation, conduct construction control, ensure the maintenance of executive documentation, notify the developer or customer, representatives of the state construction supervision bodies on the timing of completion of the work that are subject to verification, ensure the elimination of identified deficiencies and not proceed with the work until the drafting of acts on the elimination of the identified deficiencies, ensure control over the quality of the building materials used.
7. A deviation of the parameters of a 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 project 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.
8. In case of discovery of an object with signs 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 a capital construction facility for reconstruction, overhaul, the composition and procedure for maintaining executive documentation, the form and procedure for maintaining general and special journals, which keep records of work performance, the procedure for construction, reconstruction, overhaul , the procedure for the conservation of a capital construction facility may be established by regulatory legal acts of the Russian Federation.
1. Construction, reconstruction of capital construction facilities, as well as their overhaul are regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.
2. Types of 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 objects can be performed by any individuals or legal entities.
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 or legal entity engaged by a 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 design documentation, technical regulations, safety measures in the process of these works and is responsible for the quality of the work performed and their compliance with the requirements of the design documentation. The person carrying out the construction has the right to carry out certain types of work on construction, reconstruction, overhaul of the capital construction facility independently, provided that such person meets the requirements provided for in part 2 of this article, and (or) with the involvement of other persons who meet these requirements.
3.1. In the event that work on the organization of construction, reconstruction, overhaul of a capital construction object (hereinafter referred to as work on organizing construction) is 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 one 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 by the developer or technical customer, on the basis of an agreement, legal entities may be involved as persons carrying out certain stages of construction, reconstruction of a capital construction object.
4. When carrying out construction, reconstruction, overhaul of 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 overhaul, as well as transfer to the person carrying out construction, engineering survey materials, project documentation, building permit. If it is necessary to terminate work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.
5. In the event that, 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 no later than seven working days before the start of construction, the reconstruction of the capital construction object must be sent to the authorized for the implementation of state construction supervision, a federal executive body, an executive body of a constituent entity of the Russian Federation or an authorized organization carrying out public administration the use of atomic energy and state administration in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and military nuclear power plants, (hereinafter also referred to as state construction supervision bodies) a notice of the beginning 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 to the extent necessary for the implementation of the corresponding stage of construction;
3) a copy of the document on the placement of the indentation lines from the red lines on the terrain;
4) general and special journals, which keep records of the work performed;
5) a positive conclusion of the examination of project documentation in the event that the project documentation of a 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 paragraphs 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request the specified documents (information contained in them) from the authority that issued the construction permit.
6. The person carrying out the construction is obliged to carry out 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 an agreement), project documentation, requirements of the urban 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, fulfillment of labor safety requirements, safety of cultural heritage objects. The person carrying out the construction is also obliged to provide access to the territory on which the construction, reconstruction, overhaul of the capital construction object is carried out, representatives of the developer or technical customer, state construction supervision authorities, 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 timing of completion of the work that is subject to verification, ensure the elimination of the identified deficiencies and not proceed with the work until the drafting of acts on the elimination of the identified deficiencies, ensure control over the quality of the building materials used.
7. The 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 project documentation newly approved by the developer or technical customer after making the appropriate changes in it in the manner established by the authorized Government of the Russian Federation. Federation is a federal executive body.
8. In case of discovery of an object with signs 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 a capital construction facility for reconstruction, overhaul, the composition and procedure for maintaining executive documentation, the form and procedure for maintaining general and special journals, which keep records of work performance, the procedure for construction, reconstruction, overhaul , the procedure for the conservation of a capital construction facility may be established by regulatory legal acts of the Russian Federation.
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Article 52 of the Town Planning Code of the Russian Federation "Implementation of construction, reconstruction, overhaul of a capital construction facility". On our website you can download article 52, or ask your question
GrK RF Article 52. Implementation of construction, reconstruction, overhaul of a capital construction object
1. Construction, reconstruction of capital construction facilities, as well as their overhaul are regulated by this Code, other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.
2. Work under contracts for construction, reconstruction, overhaul of capital construction projects concluded with a developer, technical customer, a person responsible for the operation of a building, structure, a regional operator (hereinafter also referred to as a construction contract) must be performed 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 contracts for construction, reconstruction, overhaul of capital construction projects concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.
(see text in previous edition)
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 objects can perform work under construction contracts concluded with a developer, technical customer, a person responsible for the operation of a building, structure, a regional operator, if the amount of obligations under each of such agreements does not exceed three million rubles.
2.2. Membership in self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction objects is not required:
1) state and municipal unitary enterprises, including state and municipal treasury enterprises, state and municipal institutions in the event that they conclude construction contracts with federal executive authorities, state corporations that carry out legal regulation in the relevant area, state authorities of subjects Of the Russian Federation, local authorities in charge of such enterprises, institutions, or in the event that such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local self-government bodies;
2) commercial organizations, in the authorized (share) capital of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, if 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 self-government bodies, which are provided for in paragraph 1 of this part and are in charge of the specified enterprises, institutions, or in the case of such commercial organizations performing the functions of a technical customer on behalf of these enterprises, institutions, federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local government bodies;
3) legal entities created by public legal 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 the established areas of activity (in the areas for the purpose of carrying out activities in which such legal entities are created ), as well as commercial organizations, in the authorized (share) capital of which the share of these legal entities is more than fifty percent, if 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 whose authorized (pooled) capital, the share of public law 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 self-government bodies, in the established spheres of activity of which these legal entities carry out statutory activities, or in the event that these 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 government bodies, as well as commercial organizations, in authorized (pooled) capital of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the indicated federal executive bodies, state authorities of the constituent entities of the Russian Federation, local self-government bodies, legal entities, or in the event that such commercial organizations perform the functions of a technical customer on behalf of the said federal executive authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies, legal entities;
(see text in previous edition)
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 construction contract. The person carrying out the construction ensures compliance with the requirements of project documentation, technical regulations, safety measures during the specified work and is responsible for the quality of the work performed and their compliance with the requirements of the project documentation and (or) information model (if the formation and maintenance of the information model is mandatory in accordance with the requirements of this Code).
(see text in previous edition)
3.1. The developer has the right to carry out construction, reconstruction, overhaul of capital construction projects 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 construction contract ...
(see text in previous edition)
3.2. In the case of issuing a permit 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. a contract for the implementation of individual stages of construction, reconstruction of a capital construction facility.
(see text in previous edition)
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 major repairs, as well as transfer to an individual entrepreneur or legal entity with whom such an agreement has been concluded, materials and results of engineering surveys, project documentation, and a building permit. If it is necessary to terminate work or suspend it for more than six months, the developer or technical customer must ensure the conservation of the capital construction object.
(see text in previous edition)
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 the authorized for the implementation of 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 start of such work, to which the following documents are attached:
(see text in previous edition)
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 to the extent necessary for the implementation of the corresponding stage of construction;
(see text in previous edition)
3) a copy of the document on the placement of the indentation lines from the red lines on the terrain;
4) general and special journals, which keep records of the work performed;
5) a positive conclusion of the examination of project documentation in the event that the project documentation of a capital construction object is subject to examination in accordance with Article 49 of this Code.
(see text in previous edition)
5.1. The person carrying out the construction has the right not to submit the documents provided for in paragraphs 1 and 5 of part 5 of this article. In this case, the state construction supervision authorities independently request the specified documents (information contained in them) from the authority that issued the construction permit.
(see text in previous edition)
5.2. In the event that changes are made to the project documentation, which received a positive conclusion of the examination of the project documentation, in accordance with parts 3.8 and 3.9 of Article 49 of this Code after receiving a permit for the construction of a capital construction object, 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 the cases established by the Government of the Russian Federation, the documents (their copies or information contained in them) specified in clauses 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 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 is mandatory in accordance with the requirements of this Code), the requirements for construction, reconstruction of a capital construction facility established on the date of issue of a land plot submitted for obtaining a construction permit for an urban planning plan, the permitted use of a land plot, restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of technical regulations and this to ensure the safety of work for third parties and the environment, the fulfillment of labor safety requirements, the safety of cultural heritage objects. The person carrying out the construction is also obliged to provide access to the territory on which 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 authorities, to provide they have the necessary documentation, conduct 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 the state construction supervision bodies about the timing of completion of work that are subject to verification, ensure the elimination of identified deficiencies and not to proceed with the continuation of work until the drafting of acts on the elimination of the identified deficiencies, to ensure control over the quality of the building materials used.
(see text in previous edition)
7. Deviation of the parameters of a 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 by the 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, the composition and procedure for maintaining executive documentation, the form and procedure for maintaining general and special journals, which keep records of the performance of work, the procedure for construction, reconstruction, capital repairs, the procedure for the conservation of a capital construction facility may be established by regulatory legal acts of the Russian Federation.