Why do they enter the sro. The list of construction works for which a permit is required in the SRO. Why do construction companies need SRO approval?

23.04.2020

SRO is a type non-profit organizations, which unite legal entities and individuals-subjects of the economy on a sectoral basis. These associations have several goals:

SROs assume the functions of a licensing body (a license is replaced by a certificate of admission of SROs); act as a body of intra-industry selection and regulation (to join the SRO, a business entity must meet a number of requirements); protect the interests of the end consumer (through the creation of compensation funds); ensure the protection of the interests of companies that have entered into such an association, etc.

Economic and legal essence of SRO

From the point of view of economics, SRO is a modern form of the ancient mechanism of industry or "shop" associations that ensure the maintenance of the quality level of products or services, regulate competition in the industry, and protect their members. All these functions (one way or another) in the past were performed by craft unions, so the SRO formula is by no means new, but is only a modern modification of a long-established mechanism.

The idea of self-regulation is that companies, having united in one SRO, will not tolerate those entities among their members. economic activity which do not provide the proper level of quality, commit gross violations in the technical process, cast a shadow on the reputation of the entire association. All this is true, unfortunately, not for all SROs - some of them operate purely formally, without real regulation.

Mandatory SROs (SROS, SROP, SROI, etc.)

There are especially many formal SROs in those industries where, for example, joining an SRO in Moscow is a prerequisite for performing one or another type of activity: in construction, design, engineering surveys. Since joining them is a prerequisite for the performance of a particular type of activity, this creates fertile ground for all kinds of speculation. In fact, having replaced the state license, such SROs did not eliminate the main drawbacks of licensing regulation: you can get admission without having the proper equipment, the required number of qualified personnel, and even the necessary amount of contribution to the compensation fund. Of course, this applies only to a part of SROs, and one can hope that subsequently such formal SROs will be dissolved, and their permits will be withdrawn.

Where is SRO required now? In the construction of capital facilities (SROS), in their design (SROP), in engineering (SROI), in the field of energy audit (SROE), in appraisal activities (SROO), in audit (SROA), among operators of electronic platforms, etc.

It characterizes all mandatory SROs by the presence of a contribution to the compensation fund, the minimum amount of which is established by law. A compensation fund is not created for voluntary SROs. At the same time, over time, many SROs that remain voluntary today will become mandatory in the future, which will entail the creation of compensation funds. For example, in the near future, mandatory self-regulation in the field of fire safety which will replace state licensing.

Voluntary SROs

A characteristic feature of such self-regulatory organizations is the absence of a mandatory compensation fund. This is a type of SRO, where it is not necessary to become a member in order to be able to carry out certain activities. Such SROs do not issue permits, but serve as non-profit associations of a rather reputational, status type.

Voluntary SROs include the following: SROs in the advertising sector, SROs of professional market participants, SROs of management companies, etc.

Industry-specific mandatory SROs: are there any exceptions?

If joining the SRO - mandatory requirement for the implementation of a particular type of activity, a logical question arises: “Are there any exceptions here?” We will discuss these exceptions below.

Who needs and who does not need a CROS permit?

Construction, reconstruction, overhaul - the list of activities requiring permission from construction SROs is extremely wide. What is required for SRO in construction? Yes, literally everything: from excavation and preparatory work to commissioning. A separate permit is required for the general contractor as the main responsible person by object. There are also special permits for especially dangerous work, for work with dangerous or non-standard objects, etc.

It is easier to say why SROS are not needed. Do you need a permit if you are building your own house? If you invited a neighbor to help lay down a bathhouse? If your company is engaged in cottage development? If you were hired as a contractor for a major renovation of a school? If you are involved in the reconstruction of a three-story hospital? Fortunately not! The construction, reconstruction and overhaul of cottages, non-residential buildings and residential multi-apartment stock up to 3 floors inclusive of the admission of the SROS (and, therefore, entry into the SROS) does not require.

There is also a whole list of works that do not require special permission from the SRO, unless we are talking about especially dangerous objects, objects of increased technical complexity and unique objects (where SRO is required).

Objects of increased danger are nuclear power facilities, hydraulic facilities of the 1st and 2nd hazard classes, communication and cable transmission lines, electric power facilities and transmission lines (from 330 volts and above), aviation and space industries, railway infrastructure, metro, thermal power plants from 150 megawatts, large seaports.

Capital construction objects with (at least) one of the following unique features are considered unique objects: height over 100 m, presence of spans over 100 m long, presence of a cantilever over 20 m, the underground part of the object exceeds more than 10 m in depth, structural complexity (non-standard calculation methods , special techniques, etc.).

If you have nothing to do with any of these objects, then the SROS permit for the performance of work marked with “*” in the List of types of work construction activities(in the building classifier) you do not need.

Who needs and who does not need a SROP permit?

In design, a similar situation is observed: if we are not talking about unique, technological or dangerous objects, a number of works do not require a special design permit. This includes the design of internal electrical networks, the design of internal low-voltage networks, landscape design and design, interior design, budgeting, geodetic monitoring, etc.

In addition, the SROP approval is not required if the designed building fits into the established floor limit. So, for example, you do not need permission to develop a project for a private garage, auxiliary buildings on a personal plot (baths, sheds), kiosks, private houses with a floor number of no more than three floors, apartment buildings with a floor number no higher than three floors.

Who needs and who does not need a permit from the SIRO?

In the field of engineering surveys, the list of works that do not require a permit, if we are not talking about hazardous or non-standard objects, is very limited and consists, in fact, of one item related to engineering and environmental surveys: a study of the proposed construction site for a sanitary and epidemiological situation, biomedical situation, study of local flora and fauna. All other types of work listed in the list require permission, regardless of the characteristics of the object, with the exception, again, of engineering surveys relating to low-rise, cottage and auxiliary construction.

This is due, first of all, to the fact that when it comes to engineering surveys, the ongoing work has a basic, fundamental impact on both design and construction work. Therefore, the SROI permit is required for almost the entire agreed list of works (regardless of the class of the object).

From July 1, 2017, amendments to the Civil Code of the Russian Federation introduced by Federal Law No. 372-FZ of July 3, 2016 come into force. From the named date, it is not allowed to carry out entrepreneurial activity for the performance of work that affects the safety of facilities capital construction on the basis of a certificate of admission issued by a self-regulatory organization (hereinafter - SRO). In addition, from July 1, a person will have the right to carry out work on the implementation of engineering surveys, preparation project documentation, construction, reconstruction, overhaul of capital construction facilities under an agreement with the developer, technical customer, the person responsible for the operation of the building, structure, or a regional operator, if it is a member of the relevant SRO and otherwise not established by the Civil Code of the Russian Federation. From 07/01/2017, customers are not entitled to establish a requirement for a certificate of admission from procurement participants.
How, from 01.07.2017, customers should establish requirements for contract participants for the procurement of works, for the implementation of engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities? What documents should be required if the contract price exceeds 3 million rubles?

On this issue, we take the following position:
The customer, when purchasing in a competitive way works on the performance of engineering surveys, or the preparation of project documentation, or the construction, reconstruction, overhaul of capital construction facilities with an initial (maximum) contract price of more than 3 million rubles, is obliged to establish a requirement for the need for general rule membership of the procurement participant in a self-regulatory organization that unites persons performing the relevant work, in which a compensation fund has been formed that ensures obligations under contracts concluded using competitive methods of concluding contracts, in the maximum amount, based on which the procurement participant made a contribution to the specified fund, exceeding the amount of obligations of this procurement participant under contracts previously concluded using competitive methods, in the amount not less than the initial (maximum) price of the contract, which must be concluded as a result of the ongoing procurement.
As confirmation of compliance with this requirement, the customer has the right to require the provision of the following as part of the application:
- an extract from the register of members of the above self-regulatory organization, provided no more than a month before the submission of the application for participation in the procurement and containing information about the right of this procurement participant to perform work that is the subject of procurement under contracts concluded using competitive methods of concluding contracts, and on the level of responsibility of a SRO member for obligations under contracts of this kind;
- declarations of the procurement participant that the total amount of its obligations under contracts previously concluded using competitive methods is less than the maximum amount of the relevant obligations secured by the above compensation fund, by an amount not less than the initial (maximum) price of the contract, which must be concluded as a result of ongoing purchase.

Position justification:
In accordance with , federal law dated 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ), in the notice of procurement and procurement documentation, the customer must establish the requirement on the compliance of the procurement participant with the requirements established in accordance with the legislation of the Russian Federation for persons supplying goods, performing work, rendering services that are the object of procurement. These requirements include, first of all, the need to obtain a special permit (license), membership in a self-regulatory organization (hereinafter - SRO) or obtain an SRO certificate of admission to a certain type of work to carry out certain types of activities (the Civil Code of the Russian Federation). With regard to the right to perform work that affects the safety of capital construction facilities, the relevant requirements are established by the norms of the Russian Federation (hereinafter also referred to as the Civil Code of the Russian Federation).
At the same time, indeed, from July 1, 2017, the amendments to the Russian Federation introduced by No. 372-FZ dated July 3, 2016 (hereinafter referred to as Law No. 372-FZ) came into force, in connection with which, in accordance with Federal Law No. 191-FZ "On the entry into force of the Town Planning Code Russian Federation", introduced into the said Law of Law N 372-FZ, from July 1, 2017, it is not allowed to carry out entrepreneurial activities for the performance of engineering surveys, for the implementation of architectural and construction design, construction, reconstruction, overhaul of capital construction facilities on the basis of a certificate of admission issued by the SRO to a certain type or types of relevant work.
Accordingly, from July 1, 2017, customers are not entitled to establish a requirement for the availability of the above certificates from procurement participants.
In accordance with the Civil Code of the Russian Federation, the Civil Code of the Russian Federation, the Civil Code of the Russian Federation as amended by N 372-FZ, the execution of engineering surveys, work on the preparation of project documentation, as well as the construction, reconstruction, overhaul of capital construction facilities (hereinafter - construction works) under an agreement with the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator, only individual entrepreneurs or legal entities that are members of SROs carrying out relevant types of activities (hereinafter referred to as SROs in the field of construction), unless otherwise established by the norms of the Russian Federation.
Exceptions are established for the following categories of work for the following persons:
- in relation to the performance of any of the above works - for persons listed in the Civil Code of the Russian Federation as amended by N 372-FZ, namely state and municipal institutions and unitary enterprises, other commercial organizations created by public legal entities or in the authorized capital of which public legal entities or the above legal entities own more than 50%, provided that they perform such work under contracts with authorities state power or bodies local government relevant public legal entities;
- in relation to the execution of construction works:
for any contractors under contracts, the amount of obligations under which does not exceed 3 million rubles (GRK RF as amended by N 372-FZ);
for individuals engaged in the construction, reconstruction, overhaul of an individual residential building (GRK RF);
for any persons engaged in the construction, reconstruction, overhaul of facilities for which a construction permit is not required in accordance with the Civil Code of the Russian Federation (GRC RF).
Additional requirements to the performance of all the above works (hereinafter also referred to as construction work) under contracts concluded using competitive methods of concluding contracts, the Civil Code of the Russian Federation nominates as amended by Law N 372-FZ, according to which a member of the SRO has the right to perform construction work under such contracts subject to the following conditions:
1) the SRO, of which such a person is a member, has a compensation fund for securing contractual obligations, formed in accordance with the Civil Code of the Russian Federation;
2) if the total amount of obligations under the above agreements does not exceed the maximum amount of obligations, on the basis of which such a person made a contribution to the compensation fund for securing contractual obligations in accordance with Part. 11 or 13 of the Civil Code of the Russian Federation (the number of such contracts is not limited).
At the same time, by virtue of Part 1 of the Civil Code of the Russian Federation, compensation funds for ensuring contractual obligations are formed by SROs in the field of construction only at the request of 15 of its members or 30 for SROs that unite persons engaged in construction work about their intention to participate in the conclusion of relevant contracts using competitive methods conclusions (, GK RF).
From the foregoing, it follows that the customer, when purchasing any work in the field of construction, including construction work with an initial (maximum) contract price (hereinafter referred to as the NMTsK) of more than 3 million rubles, in a competitive way, as a general rule, must establish the following requirements that must be met in the aggregate :
- membership of the procurement participant in SROs in the field of construction, uniting persons performing the relevant work;
- the presence of a compensation fund for this SRO to ensure contractual obligations;
- confirmation that the maximum amount of obligations, based on which the procurement participant made a contribution to the specified compensation fund, exceeds the amount of obligations of this procurement participant under contracts previously concluded using competitive methods, by an amount not less than the NMCC, which must be concluded following the results the ongoing procurement, since the contract, in the event that such a procurement is declared void, can be concluded precisely at such a price (part 1 of article 55, paragraph 4 of part 1, paragraph 4 of part 2, paragraph 4 of part 3 of article 71, h., Law N 44-FZ).
These requirements do not apply to persons listed in the Civil Code of the Russian Federation as amended by N 372-FZ, in the situations described in the above rules.
In this regard, it should be borne in mind that, firstly, information about SROs in the field of construction in accordance with part of the Civil Code of the Russian Federation, Federal Law No. 315-FZ of December 1, 2007 "On Self-Regulatory Organizations" (hereinafter - Law No. ) are entered in the state register of SROs, and the information contained in this register is open and publicly available (Law N 315-FZ).
Secondly, by virtue of the Civil Code of the Russian Federation, Law N 315-FZ, each SRO is obliged to maintain a register of its members, information from which, according to part , of Law N 315-FZ, must be posted on the official website of this SRO on the Internet. The register of SRO members in the field of construction in accordance with the Civil Code of the Russian Federation can be maintained as part of unified register members of self-regulatory organizations, subject to the SRO posting such a register of its members on its website. Moreover, according to the Civil Code of the Russian Federation, in the register of members of an SRO in the field of construction, in relation to each of its members, information should be contained, among other things, on whether he has the right to perform relevant work in the field of construction under contracts concluded using competitive methods of concluding contracts, and on the level of his responsibility for obligations under contracts of this kind, in accordance with which he made a contribution to the compensation fund for securing contractual obligations. Logically, it follows from the above rules that the specified information is entered in the register of SRO members only on the condition that the SRO has already formed a compensation fund for ensuring contractual obligations, and the SRO member has already made an appropriate contribution to it.
At the same time, the SRO is obliged to provide, upon request person concerned an extract from the register of members of the SRO within no more than 3 business days from the date of receipt of the specified request, the validity of the extract from the register is 1 month from the date of its issuance (GRK RF). The form of an extract by virtue of the Civil Code of the Russian Federation is established by the supervisory authority for self-regulatory organizations, on the basis of this rule, this form is approved Federal Service on environmental, technological and nuclear supervision dated February 16, 2017 N 58.
Thus, the customer, as confirmation of the membership of the participant in the procurement of works in the field of construction, including construction work with the NMCC over 3 million rubles, in the relevant SRO, the formation of a compensation fund in it to ensure contractual obligations and the payment of the corresponding contribution to this fund by the procurement participant has the right require the provision of an extract from the register of members of the SRO, provided no more than a month before the filing of the application and containing information about whether this procurement participant has the right to perform work that is the subject of procurement under contracts concluded using competitive methods of concluding contracts, and about the level of responsibility of the SRO member obligations under such agreements.
The accuracy of the information specified in the extract can be verified by the register of members of the SRO posted on its official website, and the eligibility of the SRO to issue such extracts - according to state register SRO.
Exceeding the maximum amount of obligations, on the basis of which the procurement participant made a contribution to the compensation fund for ensuring contractual obligations, over the total amount the obligations of this procurement participant under contracts previously concluded by him as a contractor using competitive methods, for an amount not less than the NMTsK, which must be concluded as a result of the ongoing procurement, can be confirmed when submitting an application only by the declaration of the participant himself. At the same time, the reliability of the data of such a declaration can be verified by comparing the data of the extract on the level of responsibility and the data of the register of contracts provided for by Law N 44-FZ on contracts concluded by this participant for the performance of similar work.

Prepared answer:
Legal Consulting Service Expert GARANT
Golubev Alexander

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Serkov Arkady

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Hello! In this article, we will introduce you to the topic of joining the SRO. We will consider the issues of mandatory and optional membership, the consequences of not joining the SRO, and also consider the list of required documents and much more.

What is SRO

(self-regulatory organization) - a non-profit association of several subjects of the same type of activity, profession. SRO is responsible for the work of its participants, controls them, issues access to particularly complex projects.

Self-regulatory organizations have their own advantages, due to which they are becoming more and more popular in domestic business:

You can receive orders from the state, participate in;
You can perform dangerous and expensive work;
The image of the company and the trust of customers are increasing, relations are expanding;
SRO provides participants with legal support and protects their interests.

Joining the SRO will allow the company to carry out work to which access is limited. Of course, this will raise the status of the company, the trust of customers in members of self-regulatory organizations is much higher. This is especially true for construction and engineering companies involved in auditing.

Compulsory and optional membership

Membership in the SRO is:

Optional (for those working in the field of advertising, for management companies);
Mandatory (for work affecting the safety of capital construction, as well as in the field of energy surveys, heat supply, audit).

It is possible to find out whether your activity falls under mandatory membership in the SRO from the laws governing it. In total, for 2019, about 24 types of SROs are distinguished, almost within each there are especially important works for which membership is required.

For example, there are SROs in the area:

Fire safety;
Carriers;
medicine;
Construction;
collectors;
Microfinance organizations;
Food and processing industry;
Engineering surveys;
Design.

Consequences of not joining the SRO, lack of admission

The customer of work for which, by law, membership in the SRO is required, has the right to terminate the contract and demand compensation if it turns out that the contractor is not a member of the SRO. For the first violation, the organization faces a fine, for the second violation, the court demands the liquidation of the company.

It is not always enough to join the SRO. In addition, for a number of projects it is also necessary to obtain a certificate of admission to work.

- this is a type of certificate obtained by organizations for the implementation of work on legal grounds, issued in accordance with the rules of the organization. It is without permission that it is forbidden to start work that affects the safety of capital construction projects.

There are the following types of permissions:

Construction (includes construction and repair work);
Design permit (architectural and construction design);
Survey permit (engineering surveys);
Energy audit permit (energy surveys);

The performance of these works in the absence of permission is equated to a violation of criminal liability by the head, the consequences can be both a large fine and the liquidation of the company.

Since July 1, 2017, SRO permits have been canceled for companies with a state participation share of more than 50%, for construction organizations with contractual obligations with a customer of less than 3 million rubles, for companies that are created by public legal entities, legal entities, where the share of these entities exceeds 50%, as well as for individuals engaged in individual housing construction, overhaul, reconstruction of their home.

What is required to join the SRO

Any registered enterprise (, OJSC,) that meets the requirements of a particular SRO can join the SRO in 2019. Each organization has its own, but most often they include:

Experience, professional experience and education of the head of the company;
Qualification and number of employees (higher and secondary specialized education, respectively, professions);
Passing advanced training courses, confirmed by certificates;
Property and real estate of the company.

Specific requirements for joining the SRO are established depending on the field of activity and on the selection criteria for a particular organization.

Here are some examples of statutory minimum requirements:

Construction and design firms	Particularly dangerous construction work	Designers	Auditors and appraisers
The staff has at least 3 employees with higher specialized education or 5 with secondary special education	Minimum staff: 3 managers, 7 technical specialists, 15 workers with specialized education.	licensed software, a certain number and power of computers	Three or more certified active professionals on staff
All employees took refresher courses at least once every five years		International certificates of conformity of quality management
For an individual entrepreneur, you need a higher specialized education, work experience of more than 5 years

Documents required for joining the SRO

The conditions and documents for joining the SRO are also determined by a specific organization. You can get acquainted with the details on the personal website of the organization, as well as through an intermediary company that provides services for the collection of such documents.

The default list looks like this:

A statement indicating the specific types of work that the applicant intends to do;
Constituent documents of the company: contract, charter of the organization (their copies certified by a notary);
Order on appointment to the position of the head (certified by the seal);
(copies and OGRN may also be needed);
Confirmation of payment of the required contributions;
Confirmation that all requirements for entry into a particular SRO are met.

It can be:

Labor books of employees;
Diplomas and other documents on education;
Various certificates, civil liability insurance policy;
Property rights, information about the property of the company.

Entry stages

The procedure for joining a self-regulatory organization consists of the following steps:

Decide on the direction of the SRO and select the necessary types of work from the general classifier.
- For builders
- For designers
- For prospectors
Study reviews of SROs suitable for your activity. Choose self-regulatory organizations older than three years, with positive feedback and maximum popularity. Please note that from July 1, 2017, changes in legislation came into force, in connection with which you must be registered with an SRO in one region.

A complete list of all officially registered SROs of the Russian Federation is available on the project website all-sro .

Prepare and submit a package of documents to the SRO. Quite a long stage, the preparation of all documents can take about a month. The list of documents and other requirements depend on the chosen SRO. Assistance at this stage can be provided by commercial organizations-intermediaries. The SRO can check documents for up to 30 days, and if the application is approved, then three days after the decision is made, you will be able to start fulfilling orders.
According to the invoice, you must pay (they are often provided with installments).
Get a certificate of entry into the SRO.

Violation of the requirements of the SRO, as well as the provision of an incomplete package of documents, may serve as a reason for refusal to join.

Contributions

Now, regarding . The minimum cost of joining an SRO is from 60,000 to 320,000 rubles.

The cost of joining a self-regulatory organization consists of:

Contribution to the compensation fund	Entrance fee	Membership fee	Liability insurance
Contributed by all members of the SRO. Compensation fund - a "piggy bank" of a self-regulatory organization that guarantees compensation to the customer in case of damage caused to him by the contractor - a member of the SRO	Paid once at the time of joining the SRO	Paid monthly (inoda annually)	At the request of some specific SROs
Established by the law of the Russian Federation. The more expensive the contract, the more they are. May be 150,000 - 300,000 rubles	The cost is set by the SRO. On average, about 5,000 rubles	Usually from 5,000 to 15,000 rubles	5,000 - 20,000 rubles

Joining the SRO of builders

In the construction sector, self-regulatory organizations were introduced as a replacement for the system of licenses that the state had previously issued for especially dangerous and important work.

There are three types of self-regulatory organizations for builders:

Performing engineering surveys;
Preparing project documents;
Carrying out construction and repair work.

Builders who have joined the SRO receive admission to more a wide range orders, you can also name other advantages of joining for them:

Protecting the rights of the company and defending its interests;
Organization of advanced training courses;
Expansion of ties and association of specialists.

Builders will have to contribute 300,000 rubles to the compensation fund. But the entrance fee and regular membership fees are set by each self-regulatory organization and range from 5,000 to 100,000 and 10,000 rubles, respectively.

There is quite a lot of information on the web on this topic, however, it is either false or presented in an incomprehensible form and leaves even more questions than it gives concrete answers.

In this article we will try to understand, but first we will describe situations when builders do not need to obtain a permit.

So the main normative documents governing this direction are:

Urban Planning Code of the Russian Federation (part 17, article 51; article 48.1)
Order No. 624 of the Ministry of Regional Development of the Russian Federation dated December 30, 2009
Letter of the Ministry of Regional Development dated June 15, 2010 N 24099-RP / 08

When is a permit not needed?

Membership in the SRO and a certificate giving permission to carry out work is not necessary when it comes to following directions:

Construction, repair work, reconstruction at facilities included in the list of items 1,4, 5, prescribed in Article 51 of the Urban Planning Complex of the Russian Federation. If the enterprise performs work at facilities that do not require a special certificate, therefore, the SRO permit will not be required;
Construction of a garage on the land provided to an individual not for commercial purposes (business activities);
Construction on a land plot for dacha farming, gardening;
Reconstruction and construction of structures that are not objects of capital construction (among them canopies, kiosks, etc.);
Construction of auxiliary facilities;
Change of capital construction objects or parts that are not related to structural and other parameters, reliability, safety, not exceeding the parameters of permitted construction established by the urban planning code;
In other cases, described in the urban planning regulations, the legislation of the constituent entities of the Russian Federation, when obtaining a certificate is not required;

If a construction company performs the work described above, where a special permit is not needed, then it is not required to join the SRO.

You also do not need a permit for the following activities:

Individual housing construction (detached residential buildings with no more than 3 floors, intended for 1-2 families);
Individual housing construction of houses with a maximum of 3 storeys. A house can consist of several blocks (no more than 10) and each of them can be designed for one family, have a common wall without openings with neighboring blocks and be located on a separate land plot with access to common area;
Multi-apartment construction with a total number of floors no more than 3, several blocks-sections (no more than 4). Each of them may contain common areas, a separate entrance and access to the common area.

Marking work in the construction process;
Geodetic control of the accuracy of the parameters of structures and buildings;
Dismantling of flights of stairs, ceilings, walls, other structural parts and elements;
Construction of temporary engineering networks, roads, structures;
Installation and dismantling of technological waste chutes, external, internal inventory scaffolding;
Soil compaction with the involvement of heavy rammers, rollers, compacting machines;
Mechanized development of soils;
Arrangement of structures and structures made of artificial and natural stones;
Construction of brick structures;
Arrangement of hearths and heating furnaces;
Enclosing structures and structures, including glued;
Assembly of residential and public buildings with the use of factory-delivered parts;
Application of protective coating LKM;
Thermal insulation of pipelines;
Construction of a rolled, self-leveling roof;
Facing surfaces with artificial, natural, shaped, linear stones;
Works related to thermal insulation of pipelines;
Installation of ventilated facades;
Power supply systems;
Air conditioning;
Installation and dismantling of sewerage and water supply systems;
heating systems;
Electrical networks;
Voltage networks up to 1 kV;
Telephone, television, radio and other outdoor communications;
pumps, fans, compressor units;
Automation systems, alarms, electrical installations;
Equipment for food industry enterprises;
cinematographic sphere;
Electronic industry and communications;
Equipment for the agricultural sector;
Enterprises of the medical industry and healthcare;
Utilities and household services;
Communication facilities;
Start-up and adjustment of automation in power supply;
means of telemechanics;
Complex adjustment of systems;
Autonomous adjustment of systems;
Alarms, automation, interconnected devices;
Heating water boilers;
means of telemechanics;
Refrigeration equipment;
Boiler and auxiliary equipment;
Air conditioning and ventilation,

As well as work related to organizational issues of construction, overhaul, reconstruction, performed by the general contractor on the basis of an agreement with an individual entrepreneur or legal entity and performed at the enterprises of the sphere:

light industry;
Agriculture and forestry;
Food Industry;
public transport.

As for the preparation of design documentation for capital construction projects, a permit is not required in the following cases:

Preparation of projects for internal power supply systems;
Preparation for construction, demolition, dismantling of structures, conservation, extension of the period of use;
Preparation of low current systems.

In the field of environmental engineering surveys, obtaining a certificate is not required in the process of studying an animal and flora, conducting medical and biological research of territories and sanitary and epidemiological surveys.

Thus, if the work is performed at the facilities described above, joining the SRO and obtaining a permit is not necessary. If you did not find the types of activities that your company carries out in this list, then you definitely need to join the SRO in order to obtain the appropriate permit and work legally.

However, certain situations still require entry into the SRO, although it is not necessary to obtain admission. In most cases, this applies to enterprises that participate in tenders. The organizers for the most part set a prerequisite for applicants - membership in the SRO, even if the work will be performed at an object that does not require permission. Thus, the organizers are trying to protect their property interests. It is safer to work with an enterprise that is a member of an SRO than with non-partner builders.

This should be taken into account when deciding whether to join a self-regulatory organization.

Do you need a Building Control Permit?

Works related to the implementation of construction control with the involvement of a customer or developer on the basis of an agreement with an individual entrepreneur or a legal entity, where the admission of a self-regulatory organization is not required:

Civil works;
Works in the field of ventilation and heat and gas supply;
In the field of fire safety;
Organization of reconstruction, construction, overhaul at the facilities listed above;
Gas supply and power supply systems;
Sewerage and water supply;
Housing and civil construction.

All other types of building control require a certificate.

When is permission not necessary?

A certificate of admission to construction work must be obtained without fail if the company performs the work included in the List approved by the Order of the Ministry of Regional Development.

The third section of this list contains the names of construction works, works related to reconstruction and overhaul, for which you need to enter into a self-regulatory partnership and obtain an appropriate certificate.

Certain types of work in the presented list are marked as "*", which means the need to obtain a certificate when performing work that is included in the category of unique, dangerous and technically complex.

Especially dangerous and technically complex objects are the following:

Hydraulic structures (class 1.2) installed in accordance with the legal safety standards for hydraulic structures;
Nuclear facilities, which include storage facilities for radioactive substances, waste and nuclear materials;
Communication facilities belonging to the category of technically complex, especially dangerous according to Russian legislation;
Power grid facilities and power lines (voltage above 330 kilovolts;
Aviation and space infrastructure facilities;
Subways;
Seaports, except for special ports established for servicing recreational and sporting vessels;
Subways;
Thermal power plants (power from 150 megawatts and more);
Hazardous production facilities where the creation, processing, use, storage, transportation, destruction of an exorbitant amount of hazardous substances takes place. Such substances are described in detail in Annexes 1 and 2 to the Federal Law N 116-FZ on industrial safety. dangerous objects production. It is noteworthy that 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 no more than 1.6 MPa, do not belong to technically complex and dangerous facilities. Hazardous production facilities also include those producing alloys of ferrous and non-ferrous metals, conducting mining and underground operations, and mineral processing operations.

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

height from 100 meters;
spans from 100 meters;
consoles over 20 meters;
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 and obtain permission to conduct construction work, it is worth first of all to familiarize yourself with the list of types of work approved by the Order of the Ministry of Regional Development.

You can join the SRO and obtain a permit to conduct work both independently and by contacting specialized companies that will collect Required documents and help you find the right partnership.

In the second half of 2017, a large-scale reform of the work of self-regulatory organizations operating in the construction industry took place. It is caused by the development and entry into force of significant adjustments to Russian legislation contained in No. 372-FZ. The updated rules of work made the question of who needs to join the SRO in 2020 relevant.

The most important adjustments made by No. 372-FZ

The adoption of this Federal Law has led to a significant change in almost all aspects of the activities of self-regulatory bodies in construction. The most noticeable adjustments to the legislation can be divided into several main areas, including:

cancellation of SRO permits;

changing the requirements that make membership in the SRO necessary;

increase in the number of market participants for whom membership in a trade union is not required;

new requirements for potential members of specialized trade unions;

creation of the second compund.

Each of these innovations is extremely important both for the self-regulatory organizations themselves and for participants in the construction industry. This is due to the fact that they have affected almost every contracting, design or engineering and survey company or entrepreneur. Therefore, it is advisable to consider them in more detail.

Introduction of a new permit document

The frequently asked question of who needs SRO approval in 2020 is clear to anyone associated with the construction industry. However, from a legal point of view, it is incorrect. The fact is that the document in force until July 2017 called “SRO admission”, which was issued for certain types works, provisions No. 372-FZ was canceled.

Currently, in order to engage in activities that require membership in the SRO, you just need to join a professional specialized association. It is no longer necessary to issue any permits, you just need to confirm the fact of participation by providing an extract from the register of a self-regulatory organization. This document is issued to any SRO member and is valid for 30 days.

Obviously, such a licensing procedure is simpler and more convenient for market participants than the previous one. Nevertheless, despite the cancellation of the document, the term “SRO approval” continues to be actively used. This is explained not only by habit, but also by the fact that everyone understands perfectly well what is at stake in this situation.

For whom membership in the SRO is mandatory

After describing the permit document in force today, it is quite logical to move on to the question of who needs to join the SRO in 2020 without fail, since absolutely any company or individual entrepreneur can go through this procedure voluntarily. No. 372-FZ quite clearly outlined the circle of participants in the construction industry for whom membership in a trade union is necessary. These include:

contractors, surveyors and designers who work directly with such categories of customers as operating organizations, developers, technical customers, operators of federal programs operating in the regions, etc. However, the Law contains one more clarification regarding the amount of obligations of contractors under each of such contracts - they must exceed 3 million rubles. With a smaller amount, joining a construction SRO is not required;

contractors, surveyors and designers who participate in various types of public procurement conducted in accordance with the requirements of No. 223-FZ or No. 44-FZ. This condition has raised many questions and disputes about eligibility, however, today it is considered generally accepted;

developers, if they plan to independently carry out engineering surveys at their own facilities, develop project documentation or carry out work on the construction of buildings and structures;

surveyors performing work on land plots that are in state or municipal ownership.

The above list of conditions that make joining the SRO a necessary measure is much shorter than the previous one. Of particular importance is the requirement for the size of one contract in the amount of 3 million rubles, established for contractors. It was its introduction that freed a large number of individual entrepreneurs and organizations from the need for membership in the SRO.

Who does not need to join the SRO

Given the seriousness of the changes being made, No. 372-FZ contains separate explanations that relate to which of the market participants does not need to join the SRO. In this case, we are talking about the following organizations and individual entrepreneurs:

contractors carrying out work under general and work contracts, the amount of obligations under any of which does not exceed 3 million rubles;

State Unitary Enterprises and Municipal Unitary Enterprises participating in the implementation of contracts for engineering surveys, design or construction as contractors or customers;

commercial organizations, more than half of whose property is owned either by state and municipal authorities, or by public law entities;

individuals who are engaged in the construction, overhaul or reconstruction of objects classified as individual residential development.

Responsibility for the performance of work without the approval of the SRO

Before proceeding to the description of the remaining innovations No. 372-FZ, it is advisable to dwell on the topic of responsibility that arises when performing work without the approval of the SRO, when it is necessary in accordance with the provisions of the law. Such violations are often encountered in practice, which is explained very simply.

The fact is that membership in an SRO is quite costly from a financial point of view. For example, the minimum payment to compfunds for a construction organization is 300 thousand rubles, and for a design or survey organization - 200 thousand rubles. In addition to the indicated amounts, it is also required to transfer entrance and membership fees.

That is why some negligent organizations and entrepreneurs decide not to join the SRO, even if it is required by law. In such a situation, they receive significant competitive advantages, compared with a bona fide participant in the construction market. However, they need to be aware of several responsibilities that arise in this case.

Administrative

This type of liability is provided for if the performance of work without an appropriate permit did not lead to serious damage to the state or third parties. In such a situation, the first offense threatens with a fine of 40-50 thousand rubles.

In case of a repeated violation that occurred during the year, a fine of 40-50 thousand rubles is also imposed. However, in this case, another variant of punishment is allowed - suspension of the company or individual entrepreneur for up to 3 months. Obviously, the second type of sanctions in most cases is very serious.

Criminal

Criminal liability arises if, as a result of the illegal actions of the contractor, large damage was caused or a similar profit was received. In this case, we are talking about an amount ranging from 2.250 million to 9 million rubles. In such a situation, the following types of punishments are provided:

arrest official for up to 6 months;

compulsory work, the maximum duration of which is 480 hours;

a fine in the amount of the guilty official's income for 2 years or in the amount of up to 300 thousand rubles.

If the damage caused or the profit received is especially large, exceeding 9 million rubles, the current Criminal Code of the Russian Federation provides for even more severe penalties, in particular:

a fine in the amount of 100 thousand to half a million rubles or the amount of the income of the official found guilty for 1-3 years;

forced labor for 5 years;

imprisonment of an official for up to 5 years.

Forced Liquidation

When identifying cases of work without the approval of the SRO, when it is necessary, some fiscal and regulatory authorities, for example, the Federal Tax Service, the Prosecutor's Office or Rostekhnadzor, have the right to apply to Court of Arbitration with a claim for the forced liquidation of an enterprise that violated the law. The basis for such actions may be repeated gross violations, which, however, do not fall under criminal liability.

The decision on compulsory liquidation is taken exclusively by the judge after considering the case. In the case of confirmation of systematic violations that continue for a long time, the likelihood of such a decision is very high.

Financial

If violations are revealed that are expressed in the work of a contractor without membership in the SRO, when necessary, a decision is made to terminate the illegally concluded contracts. This leads to the emergence of another type of liability - financial, both for the contractor and the customer.

The fact is that in most cases, both parties take into account the VAT that passes under the transaction, as well as the costs incurred by the contractor for the purchase of materials, payment wages etc., and by the customer - to pay an advance or acts of work performed. After the forced termination of the contract, all expenses incurred and the VAT set off will become illegal, which will require the recalculation of tax returns and other similar actions.

As a result - the need for additional payments, which can be very serious, in terms of income tax and VAT. Naturally, in addition to the amount of the principal debt, you will also have to pay rather big penalties.

New requirements for joining the SRO

After a detailed description of the possible penalties for working without membership in the SRO, it is quite logical to move on to the new requirements that apply to potential members of professional profile associations. They are divided into three categories - financial, qualification and related to the provision of documentation.

Financial

The easiest way to deal with new version financial requirements, since innovations in this area are rather cosmetic. A potential SRO participant must make three types of contributions.

The first one is introductory, as a rule, small in size, especially since it is paid out only once. Its size depends on the internal rules of the SRO.

The second type of contributions - membership. They are transferred to the accounts of the self-regulatory organization annually or quarterly. The size of the regular payment of a member of a trade union association is also set by the SRO itself and rarely represents a serious amount.

The main problems are caused by the third type of contributions - payments for the creation of compensation funds for trade unions. The minimum payment, as noted above, is 300 thousand rubles for builders, and 200 thousand rubles for surveyors and designers. The amount of the contribution is established by law, so it cannot be changed.

Qualifying

The main innovation regarding the qualification requirements for SRO participants was the creation of the NRS, as the two National Registers of Specialists are often abbreviated. United in the first engineering workers construction specialties, and control is carried out by NOSTROY, the second register includes surveyors and designers, therefore NOPRIZ is engaged in it.

To join the profile SRO, the organization or individual entrepreneur must consist on a permanent basis of at least two employees included in the profile NRS. Moreover, they must hold management positions, and one of them must be either a GUI or a chief engineer of a contracting organization.

Has not changed compared to old version legislation, the requirement for the current certification of the head and specialists. Each of them must have a certificate of completion of advanced training or retraining courses received within the last 5 years.

Another qualification requirement concerns directly the head of the organization or the entrepreneur himself. It consists in the presence of a profile higher education and work experience in a specialty or leadership position for at least 5 years.

Provision of documentation

The list of requirements for an SRO participant is completed by the provision of mandatory documentation. The minimum set of documents required for joining a trade union is established by No. 372-FZ and includes:

Statement. It is drawn up in accordance with the internal rules of a particular SRO, since there is simply no unified form of a document that is mandatory for everyone.

Information sheet. Contains basic information about a potential SRO participant, as well as the estimated size of the contracts planned for conclusion. This information is of great importance, as it determines the level of responsibility of a trade union member and, as a result, the amount of contributions to the compfunds.

Charter or passport (respectively - for LLC and IP), as well as documents on registration and registration of an economic entity.

Documents that testify to the applicant's compliance with the requirements for him in terms of financing membership in the SRO.

Documents that testify to the applicant's compliance with the requirements that apply to the SRO participant in terms of the qualifications and experience of employees. These include diplomas of education, certificates of attestation, work books, labor contracts, job descriptions, staffing etc.

An important nuance of the current SRO operating rules is the fact that the requirements for participants described above, established by law, act as minimum. Each self-regulatory organization has the right to supplement or increase them as it sees fit. Naturally, any such decision must be made on general meeting participants and properly documented.

For example, some SROs have retained in their internal rules the previously existing requirements regarding the material and technical base of a potential member of a trade union association or the conclusion of a civil liability insurance contract. In such a situation, documents confirming the fulfillment of these requirements will also need to be added to the above list of documentation.

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