Which deadlines are needed for which jobs. In what cases is it necessary to join the SRO? Documents required for joining the SRO

23.04.2020

Does your company need to obtain SRO approval? After the changes introduced by 372-FZ in the Civil Code of the Russian Federation, these issues have become even more. In this article, we will consider the 2nd group of persons participating in the construction industry, in which it is now possible to divide the market in terms of the need to obtain membership in the SRO of builders.

Who needs to join the SRO in 2019 (In accordance with 372-FZ of 07/03/2016)

Consider these 2 groups of people.

Companies and individuals who enter into contracts for the preparation project documentation with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator, must be members of self-regulatory organizations in the field of architectural and construction design (Article 48 of the Civil Code of the Russian Federation)

You can work without joining the SRO if:

1. You are a state and municipal institution in the event that you conclude contracts for the preparation of project documentation with federal executive authorities, etc.
2. If in your enterprise the share of state. and municipal organizations is more than 50%.
3. The company is a legal entity created by public legal entities.
4. Legal entities, in the authorized capital of which the share of public legal entities is more than fifty percent.

Who needs membership in:

1. IP and Jur. persons entering into contracts for the performance of engineering surveys with a developer, technical customer or a person who has received, in accordance with the Land Code Russian Federation permission to use land or a land plot, which is in state or municipal ownership, for engineering surveys.

Membership in the SRO is not required:

Membership in self-regulatory organizations in the field of engineering surveys is not required for the following companies
1. State Unitary Enterprises, Municipal Unitary Enterprises in the event they conclude contracts for engineering surveys with federal executive authorities, state corporations implementing legal regulation in the relevant field, authorities state power subjects of the Russian Federation.
2. Commercial organizations in the authorized capital of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent.
3. Legal entities created by public legal entities.
4. Jur. persons in the authorized capital of which the share of public legal entities exceeds 50%, in case of conclusion of such commercial organizations contracts for the performance of engineering surveys with the indicated federal executive bodies, state authorities of the constituent entities of the Russian Federation.

Below is a list of works for which a permit is not required in the preparation of project documentation, as well as engineering surveys:

Construction of a garage on the land provided to an individual into possession or long-term lease for non-commercial purposes and exercise entrepreneurial activity. It can also be the construction of dacha facilities and gardening;
Construction of sheds, kiosks, as well as other objects that do not belong to the category of objects capital construction and do not require the issuance of a permit for construction and design work;
Erection of auxiliary buildings (according to Article 51 of the Town Planning Code of the Russian Federation on objects that do not require obtaining permits for design and construction work);
Reconstruction and repair of capital construction objects, as well as their elements. Changes should not affect the design and other characteristics of reliability, safety, exceed the maximum allowable parameters of permitted construction, reconstruction, established by the Town Planning Code;
In other cases, according to the Civil Code of the Russian Federation, the legislation of the constituent entities of the Russian Federation on urban planning does not require a permit for construction and design work;
Objects of individual housing construction (detached residential buildings, where the number of floors does not exceed 3). Such houses can be intended for no more than two families (according to the Order of the Ministry of Regional Development of the Russian Federation);
Residential buildings, where the number of storeys does not exceed 3. Such houses can consist of several blocks (there can be no more than 10 and each is intended for one family). Such a structure may have common walls with a neighboring house without openings or adjacent blocks. It must be located on a separate land plot, have access to a territory intended for common use (residential buildings of a blocked building);
Apartment buildings, where the number of floors does not exceed three. The house may consist of several block-sections or one, the total number should not exceed 4. Each block may contain several apartments, public premises, an entrance with access to the common area.

List of works for which a design permit is not required

Below is a list of works that do not affect safety, which means that when designing, you do not need to obtain a self-regulatory partnership permit:

Preparation of internal power supply systems;
Low current systems;
Preparation of projects for the organization of construction, service life extension, conservation, demolition, dismantling of structures and buildings;
Works in the field of landscape design and landscape design;
Design of projects of structures and interiors of buildings;
Drawing up estimates for construction, survey, design work. Doing budget documentation;
Geodetic monitoring of deformations and settlement of structures and buildings, movements of the earth's surface, hazardous natural processes;
Topographic, geodetic works in the field of reconstruction of buildings and structures, as well as construction;
Study of the state, composition of soils under standing buildings and structures.

When is a permit required?

If the project company performs the work included in the List approved by the Order of the Ministry of Regional Development, a certificate of admission to carry out design work must be obtained without fail. Ignoring this rule may lead to a security breach, which will entail administrative penalties, and in especially severe cases - criminal liability.

This list contains the names of design works, works related to reconstruction and overhaul. In order to start implementing them, you need to enter into a self-regulatory partnership and obtain the appropriate certificate - a work permit. The permission is indefinite.

Separate types works in the presented list are marked as "*", which means the need to obtain permits when carrying out works belonging to the category of unique, dangerous and technically complex. So, from a technical point of view, especially dangerous and complex objects are the following:

communication facilities belonging to the category of technically complex, especially dangerous according to Russian legislation;
subways;
hydraulic facilities of the first and second class, installed in accordance with the legislative norms for the safety of hydraulic structures;
seaports, except for special ports established for servicing recreational and sporting vessels;
nuclear facilities, which include storage facilities for radioactive substances, waste and nuclear materials;
power grid facilities and power lines (voltage above 330 kilovolts;
objects of aviation and space infrastructure;
thermal power plants (with a capacity of 150 megawatts or more);
hazardous production facilities where the creation, processing, use, storage, transportation, destruction of an exorbitant amount of hazardous substances takes place. Substances are described in detail in Annexes 1 and 2 to federal law N 116-FZ on industrial safety dangerous objects production.

It should be noted that technically complex and dangerous objects do not belong to:

gas distribution systems that use, store, and transport natural gas at a pressure of 1.2 megapascals, including liquefied petroleum gas at a pressure of not more than 1.6 MPa.
facilities where ferrous and non-ferrous alloys are produced, mining and underground operations are carried out, and mineral processing operations are carried out.

Unique objects include capital construction objects, the design documentation of which contains at least one of the following parameters:

spans from 100 meters;
height from 100 meters;
consoles over 20 meters;
with partial or complete deepening of the underground part below the planning mark by 15 meters.

Thus, in order to get an answer to the question of the need to join the SRO of designers and obtain permission to conduct design work, you should first of all familiarize yourself with the list of types of work approved by the Order of the Ministry of Regional Development and act in accordance with established legislation.

You can join an SRO and get permission to work both on your own and with the involvement of specialized companies that will not only help you choose a specialized partnership, depending on the characteristics of the organization’s activities, but will competently draw up all the necessary papers.

The question "To join or not to join the SRO?" companies operating in the field of construction, but for some reason consider themselves too small to join self-regulatory organizations, will worry for a very long time. It is no coincidence that this question is most often asked to our experts at all public events in which SRO "ISZS-Montazh" takes part.

Now we “by default” are talking about a construction self-regulatory organization, however, it should be remembered that in addition to them there are design SROs, for example, NP ISZS-Proekt, which includes companies wishing to carry out work in the field of architectural and construction design that affect safety capital construction projects. Accordingly, if a company intends to engage in both design and construction, it will have to join two SROs at once. In addition, there are SROs that unite companies involved in engineering surveys.

Let's try, relying on the norms of the current legislation, to figure out who needs to join construction SROs, and who may not. Two define it normative documents: Urban Planning Code of the Russian Federation and Order of the Ministry of Regional Development No. 624 of December 3, 2009. The general wording is as follows: all construction organizations (legal entities and individual entrepreneurs) that perform work that affects the safety of capital construction projects are required to join the SRO. Order No. 624 defines the list of such works. Among other things, this list includes the installation of internal and external engineering systems. In particular, Section 15 is devoted to internal systems:

15. Arrangement of internal engineering systems and equipment of buildings and structures

15.1. Installation and dismantling of the water supply and sewerage system *
15.2. Installation and dismantling of the heating system *
15.3. Installation and dismantling of the gas supply system
15.4. Installation and dismantling of the ventilation and air conditioning system *
15.5. The device of the power supply system *
15.6. Arrangement of electrical and other control networks for life support systems of buildings and structures*

The "*" sign, which marks some items, means: "These types and groups of types of work require obtaining a certificate of admission to the types of work that affect the safety of the capital construction object, if such work is performed at the facilities specified in Article 48.1 of the Town Planning Code of the Russian Federation."

Article 48.1 of the Town Planning Code determines which objects are classified as especially dangerous, technically complex and unique. Let's quote it:

1. Especially dangerous and technically complex facilities include:

1) facilities using atomic energy (including nuclear installations, storage facilities for nuclear materials and radioactive substances);
2) hydraulic structures of the first and second classes, installed in accordance with the legislation on the safety of hydraulic structures;
3) line-cable communication facilities and communication facilities, determined in accordance with the legislation of the Russian Federation;
4) power lines and other electric grid facilities with a voltage of 330 kilovolts or more;
5) objects of space infrastructure;
6) airports and other aviation infrastructure facilities;
7) objects of public railway transport infrastructure;
8) subways;
9) seaports, with the exception of specialized seaports intended for servicing sports and pleasure craft;
10) thermal power plants with a capacity of 150 megawatts and more;
11) hazardous production facilities, where:
a) hazardous substances are obtained, used, processed, generated, stored, transported, destroyed in quantities exceeding the limit. Gas distribution systems that use, store, transport natural gas under pressure up to 1.2 megapascal inclusive or liquefied hydrocarbon gas under pressure up to 1.6 megapascal inclusive do not belong to especially dangerous and technically complex facilities;
b) melts of ferrous and non-ferrous metals and alloys based on these melts are obtained;
c) mining, mineral processing, as well as work in underground conditions are underway;
d) permanently installed cable cars and funiculars are used.

2. Unique objects include capital construction objects, the project documentation of which provides for at least one of the following characteristics:

1) height more than 100 meters;
2) spans over 100 meters;
3) the presence of a console more than 20 meters;
4) deepening of the underground part (in whole or in part) below the planning mark of the earth by more than 10 meters;
5) the presence of structures and structural systems for which non-standard calculation methods are applied taking into account physical or geometric non-linear properties or special calculation methods are developed.

Accordingly, any work related to internal engineering systems at the facilities listed in Article 48.1 requires an appropriate permit. For the installation of ventilation and air conditioning systems in ordinary buildings, a permit is not needed, but for the installation of gas supply systems it is required. A permit is also required for the installation of any external engineering systems.

The list approved by order No. 624 does not include work on certain types of facilities. These are small objects for which a permit is not required (listed in part 17 of article 51 of the Town Planning Code of the Russian Federation), and objects whose project documentation is not subject to state expertise (part 2 of article 49 of the Town Planning Code of the Russian Federation).

State expertise is not carried out in relation to the design documentation of the following capital construction projects:

detached residential buildings with the number of floors not more than three, intended for the residence of one family (objects of individual housing construction);
residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the neighboring block or neighboring blocks, is located on a separate land plot and has access to the common area (residential houses of blocked development);
apartment buildings with no more than three floors, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area;
separately standing objects capital construction with the number of floors not more than two, the total area of which is not more than 1500 square meters and which are not intended for the residence of citizens and the implementation production activities, with the exception of especially dangerous, technically complex and unique objects;
detached capital construction facilities with no more than two floors, the total area of which is not more than 1500 square meters, which are intended for the implementation of production activities and for which the establishment of sanitary protection zones is not required or for which, within the boundaries of land plots, on where such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of especially dangerous, technically complex and unique facilities.

A building permit is not required if:

construction of a garage on a land plot provided to an individual for purposes not related to entrepreneurial activities, or construction of a summer cottage on a land plot provided for gardening;
construction, reconstruction of objects that are not objects of capital construction (kiosks, sheds and others);
construction on the land plot of buildings and structures for auxiliary use;
changes in capital construction objects and (or) their parts, if such changes do not affect the design and other characteristics of their reliability and safety and do not exceed the limiting parameters of permitted construction, reconstruction established by the urban planning regulations.

Thus, to work at such facilities, you do not need to join the SRO and obtain a permit. This is, of course, a strange situation, since, for example, the installation of gas supply systems requires a certain skill and experience, regardless of the size of the object. It is possible that the current situation will change in the near future - the pointlessness of withdrawing many important facilities from the area of responsibility of the SRO is obvious.

Summarize. small company that installs air conditioners at ordinary capital construction projects, SRO approval is not needed. That is, if the company's plans do not include the expansion of activities to external engineering systems, gas supply systems, as well as other construction work, it is not necessary to join an SRO. For any work on small sites (the so-called “sites of the first category”), a permit is also not needed, although, frankly, I am not aware of companies that voluntarily limit themselves to only simple objects. Companies wishing to work at especially dangerous, technically complex and unique facilities are required to join the SRO and issue the appropriate permits.

What do you need to join the SRO? More on this in the next issue, but we will say a few words now. The procedure for admission to SRO membership is determined by Article 55.6 of the Town Planning Code of the Russian Federation. Before proceeding with the paperwork, check your organization for compliance with the requirements of the law. It will be very useful to visit our recently updated website http://www.site, where you will find detailed information on this issue, samples required documents and instructions for making them.

Article 55.6.
Admission to the membership of a self-regulatory organization

A legal entity, including a foreign legal entity, may be accepted as a member of a self-regulating organization, and individual entrepreneur that meet the requirements for issuing certificates of admission to one or more types of work that affect the safety of capital construction facilities and the resolution of issues related to the issuance of a certificate of admission to which general meeting members of a self-regulatory organization to the sphere of activity of a self-regulatory organization.
For membership in a self-regulatory organization, an individual entrepreneur or legal entity shall submit the following documents to the self-regulatory organization:

application for membership in a self-regulatory organization. The application must indicate a certain type or types of work that affect the safety of capital construction facilities and a certificate of admission to which an individual entrepreneur or legal entity intends to receive;
a copy of the document confirming the fact of entering into the relevant State Register records of state registration individual entrepreneur or legal entity, copies constituent documents(for a legal entity), a duly certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of the relevant state (for a foreign legal entity);
documents confirming the compliance of an individual entrepreneur or legal entity with the requirements for issuing a certificate of admission to a certain type or types of work that affect the safety of capital construction projects;
a copy of a certificate issued by another self-regulatory organization of the same type of admission to a certain type or types of work that affect the safety of capital construction facilities, if an individual entrepreneur or legal entity is a member of another self-regulatory organization of the same type.

Requesting from an individual entrepreneur or legal entity, along with the documents specified in Part 2 of this article, other documents for admission to membership in a self-regulatory organization and the issuance of a certificate of admission to a certain type or types of work that affect the safety of capital construction facilities is not allowed.
Within a period not later than within thirty days from the date of receipt of the documents referred to in paragraph 2 of this article, the self-regulatory organization checks them and is obliged to make a decision on admission of an individual entrepreneur or legal entity to the members of the self-regulatory organization and on issuing him a certificate of admission to a certain type or types of work that affect the safety of capital construction projects, or refusal to accept, indicating the reasons for the refusal, as well as send or hand over this decision such individual entrepreneur or such legal entity.
The grounds for refusing to admit an individual entrepreneur or legal entity as a member of a self-regulatory organization are:

non-compliance of an individual entrepreneur or legal entity with the requirements for issuing a certificate of admission to a certain type or types of work that affect the safety of capital construction facilities and are indicated in the application provided for in clause 1 of part 2 of this article;
non-submission by an individual entrepreneur or legal entity in full of the documents provided for in paragraph 2 of this article;
the presence of an individual entrepreneur or legal entity issued by another self-regulatory organization of the same type of certificate of admission to a certain type or types of work that affect the safety of capital construction facilities and are indicated in the application provided for in clause 1 of part 2 of this article.

A person accepted as a member of a self-regulatory organization is issued a certificate of admission to a certain type or types of work that affect the safety of capital construction projects, no later than within three working days after the date of the relevant decision, payment of the entrance fee and contribution to compensation fund of a self-regulatory organization.
A legal entity or an individual entrepreneur may be a member of one or more self-regulatory organizations of each of the types of self-regulatory organizations specified in Article 55.3 of this Code, subject to the requirement established by part 2 of Article 55.8 of this Code.
Decisions of a self-regulatory organization on admission to membership in a self-regulatory organization, on refusal to admit to membership in a self-regulatory organization, its inaction in admission to membership in a self-regulatory organization may be appealed to an arbitration court.

A.V. Busakhin Chairman of the Board of NP "ISZS-Montazh"

Before discussing the issue of work requiring SRO approval, let's take a closer look at this topic. After all, the more the owner construction organization knows about all working conditions, the easier it will be for him to provide his services to customers. To begin with, we will find out what this short abbreviation means and who should receive admission to the work of the SRO. Useful information is never redundant.

What is an SRO?

These three letters are an abbreviation that stands for Self-Regulatory Organization. In our case, this is an association of builders and designers, or more precisely, enterprises and companies performing these functions. The main task of this organization is to control the observance of the quality and professionalism of the services provided in the field of construction.

All entrepreneurs, joining the SRO, are required to pay a certain amount. The funds received in this way are received at the expense of which, if necessary, the costs of compensating for damage caused by poor performance of work by any of the members of the SRO are paid. That is, the organization is a kind of guarantor of the quality of the services provided, which, of course, inspires confidence in its members on the part of customers. That is why, before starting cooperation with a particular company, customers of construction projects are interested in whether the company has SRO permits for construction work.

Why do you need to get permission?

Currently, it is a replacement for a license for the right to carry out construction work and performs the same function. Only organizations that have proven their professionalism and experience can become full members of a self-regulatory organization. It is worth noting that the selection is quite strict - this allows you to weed out unscrupulous entrepreneurs at an early stage and protect consumers from poor-quality work. So, membership in the SRO is a proof of the competence of an organization.

The construction of new facilities, as well as the overhaul of existing ones, should be carried out only by masters of their craft, otherwise this may lead to situations dangerous to human life and health. Therefore, the specialists compiled a list that includes the types of work for which SRO approval is mandatory. We will move on to it later.

Who should get a permit?

As noted above, any enterprise providing services for the construction, repair and reconstruction of buildings and other facilities should become a member of a self-regulatory organization. This condition is mandatory for those who want to provide the listed services within the framework of existing legislation. Moreover, admission to the work of the SRO should be obtained taking into account what services will be performed. For example, a company that has received a permit to carry out land or facade work does not have the right to carry out project activities. To do this, you must obtain a special permit.

Works for which SRO approval is required

The list below includes works, the implementation of which requires mandatory obtaining of a permit from a self-regulatory organization, regardless of the conditions under which they will be performed.

List of other services for the implementation of which a permit for the work of the SRO is required

Creation of gas and oil industry facilities.
Various
Commissioning works.
Construction of airfields and highways.
The device and tram tracks.
Construction of subways and tunnels.
Creation of mine structures.
Installation of overpasses, bridges and flyovers.
Hydrotechnical and diving works.
Creation of industrial furnaces and chimneys.
Construction control.
Organization of construction, overhaul or reconstruction.

When you don't need a permit

This list includes works for which a permit is required only if they are performed at technically hazardous and other complex facilities, a list of which can be found in the Russian Federation (Article 48.1).

Geodetic works.
Preparatory work, other than those listed in the first list.
Mechanized development of soil and its compaction with rollers.
Installation of stone and wooden structures, as well as roofs.
Coating of building elements with paints and varnishes for protective purposes.
Arrangement of internal engineering systems, thermal insulation of pipelines.
Facade works.
The device of electrical networks with voltage up to 1 kW.
Creation of facilities for the use of atomic energy.
Installation of automation and alarm systems, compressors and pumps, equipment for the food, agricultural, electronic and medical industries.
Some types of commissioning:

automation in power supply;
autonomous and complex adjustment of systems;
means of telemechanics;
ventilation and air conditioning systems, as well as refrigeration units;
hot water heating boilers.

SRO approval for design work

When erecting new buildings or during the reconstruction and overhaul of old ones, a great responsibility lies with the engineers, according to whose calculations all subsequent work is carried out. A small mistake in the drawings can cost the lives of many people.

Therefore, there is a list of design services, for the implementation of which it is also necessary to obtain permission from the SRO. The list of works is given below.

Preparation of planning solutions for the organization of the construction site.
Creation of architectural, constructive and technological solutions.
Preparation of data on external and internal engineering networks and equipment.
Development of special sections of the project, as well as those responsible for fire safety, security environment and providing access for people with limited mobility.
Construction organization design.
Inspection of building structures.
Organization of preparation of project documentation.

It is very important to get acquainted with all the lists in a timely manner and receive everything in time. required approvals SRO for construction work and design, so as not to subsequently violate one of the laws of the Russian Federation. After all, as you know, ignorance is no excuse.

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