Resolution on the examination of project documentation. The term for the state examination of project documentation: when it is minimal

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GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ON ORDER OF ORGANIZATION AND CARRYING OUT

STATE EXAMINATION OF PROJECT DOCUMENTATION

AND RESULTS OF ENGINEERING SURVEYS

(as amended by Decrees of the Government of the Russian Federation of December 29, 2007 N 970,

dated 16.02.2008 N 87, dated 07.11.2008 N 821, dated 27.09.2011 N 791)

Decree of the Government of the Russian Federation of March 5, 2007 N 145 Moscow On the procedure for organizing and conducting state examination of project documentation and engineering survey results
Decree on the procedure for conducting state expertise of the results of engineering surveys
Government Decree on the procedure for organizing and conducting state expertise of project documentation and engineering survey results
Date of signing: 05.03.2007
Publication date: 03/15/2007 00:00
Pursuant to Part 11 of Article 49 of the Town Planning Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Regulations on the organization and conduct of state expertise of project documentation and engineering survey results.
2. Determine that:
a) paragraphs 46-48 of the Regulations approved by this resolution shall be applied from January 1, 2008;
b) the state examination of design documentation for capital construction facilities and the results of engineering surveys performed for such facilities is organized and carried out:
in relation to the objects specified in Part 51 of Article 6 of the Town Planning Code of the Russian Federation (with the exception of the objects specified in paragraphs three and four of this subparagraph), - by a state institution subordinate to the Federal Agency for Construction and Housing and Communal Services;
in relation to the facilities specified in Part 51 of Article 6 of the Town Planning Code of the Russian Federation, which are objects of the military infrastructure of the Armed Forces of the Russian Federation, - by the Ministry of Defense of the Russian Federation, in relation to other defense and security facilities under the jurisdiction of federal executive bodies, - by federal executive bodies authorities authorized to conduct state examination of project documentation and engineering survey results by decrees of the President of the Russian Federation;
in relation to unique objects, construction, reconstruction, overhaul of which is supposed to be carried out on the territory of Moscow, - by the executive authority of Moscow or a state institution subordinate to it (before January 1, 2011);
in relation to other objects - by executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination of project documentation and engineering survey results or state institutions subordinate to these bodies;
c) during the state examination of project documentation and engineering survey results, assessment of project documentation and engineering survey results for compliance with the requirements that were the subject of sanitary and epidemiological expertise, state environmental expertise, state historical and cultural expertise, state expertise of working conditions, state expertise in the field of protection of the population and territories from emergencies and industrial safety expertise is not carried out if, before the entry into force of the Regulation approved by this Decree, positive conclusions are obtained based on the results of these examinations, and also if positive conclusions based on the results of these examinations are obtained on the basis of materials sent to conduct these examinations before January 1, 2007. The conclusions of these examinations are taken into account when preparing the conclusions of the state examination of project documentation and the results of engineering surveys ny;
d) state examinations of project documentation and engineering survey results that began before the entry into force of the Regulation approved by this resolution are subject to completion by the bodies (state institutions) that started them. Repeated state examinations of project documentation and engineering survey results may be carried out until January 1, 2008 by bodies (state institutions) that issued negative conclusions based on the results of initial state examinations;
e) a summary conclusion of the state examination of project documentation, issued before the entry into force of the Regulation approved by this resolution, and containing conclusions on the recommendation of the design documentation for approval, is equated to a positive conclusion of the state examination of project documentation and engineering survey results. The specified summary conclusion, as well as a positive conclusion of the state examination of project documentation, issued in accordance with the Regulations approved by this resolution, before the acts of the Government of the Russian Federation, provided for in subparagraph "a" of paragraph 3 and paragraph 4 of this resolution, come into force, and containing a positive assessment of the estimated the cost, carried out in the cases specified in subparagraph "i" of this paragraph, in relation to a capital construction object, the construction or reconstruction of which is financed in full or in part at the expense of the federal budget, are equated to positive conclusions about the effectiveness, reliability and assessment of the validity of the use of funds federal budget allocated for capital investments;
f) prior to the approval of the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and the results of engineering surveys, these conclusions are drawn up in any form;
g) before the entry into force of the act regulating the composition and requirements for the content of sections of design documentation submitted for state expertise, the composition and requirements for the content of sections of this documentation are determined by regulatory technical requirements for its development;
h) before January 1, 2008, the conclusion of the state examination of project documentation and the results of engineering surveys is signed by the persons participating in this state examination;
i) before the entry into force of the act of the Government of the Russian Federation specified in subparagraph "a" of paragraph 3 of this resolution, an assessment of the compliance of the estimated cost of a capital construction object, the construction or reconstruction of which is financed in full or in part at the expense of the federal budget, with the standards in the field of estimated rationing and pricing is carried out simultaneously with the state examination of the design documentation of the relevant capital construction facility by the bodies (state institutions) that carry out this examination, and the results of the assessment are reflected in the conclusion of the state examination. There is no fee for this evaluation.
3. To the Ministry of Regional Development of the Russian Federation:
a) before May 1, 2007, submit in accordance with the established procedure a draft act of the Government of the Russian Federation regulating the procedure for verifying the reliability of determining in the project documentation the estimated cost of capital construction projects, the construction or reconstruction of which is financed in full or in part from the federal budget;
b) before June 1, 2007, submit in the prescribed manner a draft act of the Government of the Russian Federation regulating the composition and requirements for the content of sections:
design documentation for various types of capital construction projects, including linear facilities;
design documentation in relation to individual stages of construction, reconstruction of capital construction projects;
project documentation submitted for state expertise of project documentation;
c) before July 1, 2007, in agreement with the Ministry of Economic Development and Trade of the Russian Federation and the Ministry of Finance of the Russian Federation, submit proposals to the Government of the Russian Federation on improving the procedure for determining the amount of payment for the state examination of project documentation and engineering survey results;
d) within 3 months, approve the criteria for classifying design documentation as standard design documentation, as well as modified standard design documentation that does not affect the reliability and safety characteristics of capital construction projects.
4. By May 1, 2007, the Ministry of Economic Development and Trade of the Russian Federation shall submit, in accordance with the established procedure, a draft act of the Government of the Russian Federation regulating the procedure for conducting an audit and issuing conclusions on the effectiveness and assessment of the validity of the use of federal budget funds allocated for capital investments.
5. Federal Agency for Construction and Housing and Communal Services:
a) determine the list of documents in the field of estimated regulation and pricing recommended for determining the cost of design and engineering survey work;
b) approve the procedure for maintaining the register of issued conclusions of the state examination of project documentation and the results of engineering surveys and the provision of information contained in this register;
c) determine the state institution subordinate to it, authorized to conduct state examination of project documentation and engineering survey results;
d) approve within 3 months the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and engineering survey results;
e) approve before July 1, 2007 the procedure for attestation of state experts;
f) approve the procedure for the transfer of project documentation and (or) the results of engineering surveys for state expertise if it is impossible to conduct it in the constituent entity of the Russian Federation at the location of the land plot on which it is planned to build, reconstruct, overhaul the capital construction object.
6. Recognize as invalid Decree of the Government of the Russian Federation of December 27, 2000 No. 1008 "On the procedure for conducting state expertise and approving urban planning, pre-project and design documentation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 1, Art. 135).
Prime Minister
Russian Federation
M. Fradkov
Regulations on the organization and conduct of state examination of project documentation and engineering survey results
I. General provisions
1. This Regulation determines the procedure for organizing and conducting in the Russian Federation the state examination of project documentation and engineering survey results (hereinafter referred to as the state examination), the procedure for determining the amount of the fee for conducting the state examination, as well as the procedure for charging this fee.
This Regulation is subject to application by all executive bodies and state institutions authorized to conduct state expertise, except for cases when a different procedure for conducting state expertise is established by the legislation of the Russian Federation for federal executive bodies authorized to conduct state expertise by decrees of the President of the Russian Federation.
2. The concepts used in this Regulation mean the following:
"applicant" - a customer, a developer or a person authorized by any of them who applied for a state examination;
"organizations for conducting state expertise" - executive authorities authorized to conduct state expertise, state institutions subordinate to the said bodies, a state institution subordinate to the Federal Agency for Construction, Housing and Communal Services;
"construction stage" - the construction or reconstruction of a capital construction object from among the capital construction objects planned for construction, reconstruction on one land plot, if such an object can be put into operation and operated autonomously (that is, regardless of the construction or reconstruction of other capital construction objects on this land plot), as well as the construction or reconstruction of a part of the capital construction object, which can be put into operation and operated autonomously (that is, regardless of the construction or reconstruction of other parts of this capital construction object).
3. The organization for the state examination is obliged:
explain, free of charge, at the request of interested persons, the procedure for conducting state expertise; take measures to ensure the safety of documents submitted for the state examination, as well as non-disclosure of design decisions and other confidential information that became known to this organization in connection with the state examination.
4. The organization for conducting state expertise is not entitled to participate in the implementation of architectural and construction design and (or) engineering surveys.
5. The design documentation of capital construction facilities and the results of engineering surveys performed for the preparation of such design documentation are subject to state expertise, except for the cases specified in paragraphs 6-8 of these Regulations.
6. Project documentation and the results of engineering surveys performed for the preparation of such design documentation are not subject to state expertise in relation to the following capital construction projects:
a) detached residential buildings with the number of floors not exceeding 3, intended for the residence of one family (objects of individual housing construction);
b) residential buildings with no more than 3 floors, consisting of no more than 10 blocks, 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);
c) apartment buildings with no more than 3 floors, consisting of no more than 4 block sections, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area;
d) stand-alone capital construction facilities with no more than 2 floors, the total area of ​​which is no more than 1500 sq. meters and which are not intended for the residence of citizens and the implementation of production activities;
e) detached capital construction projects with no more than 2 floors, the total area of ​​which is no more than 1500 sq. meters, which are intended for the implementation of production activities and for which it is not required to establish sanitary protection zones or it is required to establish sanitary protection zones within the boundaries of the land plots on which such facilities are located.
7. Project documentation and the results of engineering surveys performed for the preparation of such project documentation are not subject to state expertise in cases where obtaining a construction permit is not required, namely in the following cases:
a) 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;
b) construction, reconstruction of objects that are not objects of capital construction (kiosks, sheds and others);
c) construction on the land plot of buildings and structures for auxiliary use;
d) a change in capital construction objects and (or) their parts, if such a change does not affect the design and other characteristics of their reliability and safety and does not exceed the limiting parameters of permitted construction, reconstruction established by the urban planning regulations.
8. The state examination of project documentation is not carried out in relation to the design documentation of capital construction facilities that previously received a positive conclusion from the state examination of project documentation and is reused (hereinafter referred to as standard design documentation), or modification of such project documentation that does not affect the design and other characteristics of reliability and safety capital construction projects.
If the construction of a capital construction facility will be carried out using standard design documentation or a modification of such design documentation, the results of engineering surveys are subject to state expertise, regardless of the fact that state expertise of project documentation is not carried out.
9. The powers of the state institution subordinate to the Federal Agency for Construction and Housing and Communal Services include the organization and conduct of state expertise in relation to the following types of capital construction projects:
a) objects, the construction, reconstruction and (or) overhaul of which is supposed to be carried out in the territories of 2 or more constituent entities of the Russian Federation;
b) objects, the construction, reconstruction and (or) overhaul of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters and in the territorial sea of ​​the Russian Federation;
c) objects of defense and security, other objects, information about which constitutes a state secret (with the exception of objects, state expertise in respect of which, by decrees of the President of the Russian Federation, is assigned to the powers of federal executive bodies);
d) objects of cultural heritage (monuments of history and culture) of federal significance (during major repairs in order to preserve them);
e) especially dangerous and technically complex facilities;
f) unique objects (with the exception of objects in respect of which the state expertise was assigned until 2011 to the authority of the Moscow executive authority).
10. Especially dangerous and technically complex facilities include:
a) nuclear facilities, including nuclear installations, storage facilities for nuclear materials and radioactive substances;
b) hydraulic structures of the first and second classes, installed in accordance with the legislation of the Russian Federation on the safety of hydraulic structures;
c) line-cable communications facilities and communications facilities, determined in accordance with the legislation of the Russian Federation;
d) power lines and other electric grid facilities with a voltage of 330 kilovolts or more;
e) objects of space infrastructure;
f) airports and other aviation infrastructure facilities;
g) infrastructure facilities of public railway transport;
h) subways;
i) seaports, with the exception of specialized seaports intended for servicing sports and pleasure craft;
j) highways of general use of federal significance and transport engineering structures related to them;
k) hazardous production facilities, where:
obtained, used, processed, formed, stored, transported, destroyed hazardous substances in excess of the limit. Such facilities and the maximum amount of hazardous substances are specified in Annexes 1 and 2, respectively, to the Federal Law "On Industrial Safety of Hazardous Production Facilities" (hereinafter referred to as the Federal Law);
the equipment specified in paragraph 2 of Appendix 1 to the Federal Law is used;
melts of ferrous and non-ferrous metals and alloys based on these melts are obtained;
mining, mineral processing, and underground work are underway;
permanently installed cable cars and funiculars are used.
11. Unique objects include capital construction objects, the design documentation of which provides for one of the following characteristics:
a) height over 100 meters;
b) spans over 100 meters;
c) the presence of a console with a length of more than 20 meters;
d) deepening of the underground part (in whole or in part) below the planning mark of the earth by more than 10 meters;
e) 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.
12. State examination in respect of objects not specified in paragraph 9 of this Regulation, and objects, the state examination in respect of which is attributed by decrees of the President of the Russian Federation to the powers of other federal executive bodies, is carried out by the executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination or government agencies under their control.
II. Submission of documents for state examination
13. For the state examination of both design documentation and the results of engineering surveys performed for the preparation of such design documentation, the following are submitted:
a) an application for a state examination, which indicates:
identification information about the performers of the work - the persons who prepared the design documentation and performed the engineering surveys (last name, first name, patronymic, details of identity documents, postal address of the place of residence of the individual entrepreneur, full name, location of the legal entity);
identification information about the capital construction object, the design documentation and (or) the results of engineering surveys in respect of which are submitted for state expertise (name of the object (objects) of the proposed construction (reconstruction, overhaul), postal (construction) address of the capital construction object (objects), the main technical and economic characteristics of the capital construction object (objects) (area, volume, length, number of floors, production capacity, etc.);
identification information about the applicant (surname, name, patronymic, details of identity documents, postal address of the place of residence of the developer (customer) - an individual, full name of the legal entity, location of the developer - legal entity, and if the developer (customer) and the applicant is not the same person - the specified information also applies to the applicant);
b) copies of title documents for the land plot on which construction, reconstruction, overhaul of the capital construction object is supposed to be carried out;
c) a copy of the town-planning plan of the land plot on which it is supposed to carry out construction, reconstruction of the capital construction object;
d) project documentation for a capital construction facility in accordance with the requirements (including the composition and content of sections of the documentation) established by the legislation of the Russian Federation;
e) a copy of the design assignment;
f) the results of engineering surveys in accordance with the requirements (including the composition of the specified results) established by the legislation of the Russian Federation;
g) a copy of the assignment for the performance of engineering surveys;
h) the conclusion of the state environmental review in the event that design documentation for capital construction projects is submitted for the state review, the construction, reconstruction or major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters or in territorial sea of ​​the Russian Federation;
i) documents confirming the applicant's authority to act on behalf of the developer, customer (if the applicant is not a customer and (or) developer), in which the authority to conclude, amend, execute, terminate the contract for the state examination (hereinafter referred to as the contract) must be specified specifically.
14. For the state examination of the results of engineering surveys, before sending the design documentation for the state examination, the documents specified in subparagraphs "a" - "c" and "e" - "i" of paragraph 13 of these Regulations are submitted.
15. For the state examination of the results of engineering surveys in the cases specified in paragraph 8 of these Regulations, the documents specified in subparagraphs "a" - "c" and "e" - "i" of paragraph 13 of these Regulations, as well as:
a) design documentation for external engineering networks and design solutions for foundations;
b) a positive conclusion of the state examination regarding the applied standard design documentation (modified standard design documentation), issued to any person not earlier than 3 years before the date of filing an application for a state examination of the results of engineering surveys;
c) a document confirming the right of the developer (customer) to use standard design documentation, the exclusive right to which belongs to another person (an agreement on the alienation of an exclusive right, a license agreement, a sublicense agreement, etc.).
16. For the state examination of project documentation after the state examination of the results of engineering surveys performed for the preparation of such project documentation, the documents specified in clause 13 of this Regulation (with the exception of a copy of the assignment for the performance of engineering surveys) and a positive conclusion of the state examination of the results of engineering surveys, while the results of engineering surveys are not re-submitted.
17. The organization for conducting the state examination has the right to additionally demand from the applicant the submission of calculations of design and technological solutions used in the project documentation, as well as engineering survey materials. These calculations and materials must be submitted by the applicant within 5 days after receiving the relevant request. Requesting other information and documents from applicants is not allowed.
18. The documents specified in paragraphs 13-16 of these Regulations shall be submitted on paper. The contract may stipulate that design documentation and engineering survey results may also be submitted on electronic media.
19. Design documentation for a capital construction facility may be submitted in relation to individual stages of construction, reconstruction of a capital construction facility.
20. If the project documentation and the results of engineering surveys are subject to state examination by the executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to them, the documents necessary for the state examination are submitted to the organization for conducting the state examination of the constituent entity of the Russian Federation at the location of the land plot, where it is planned to carry out construction, reconstruction or overhaul of a capital construction facility.
If, in relation to individual capital construction projects, it is not possible to conduct a state examination in a constituent entity of the Russian Federation at the location of the land plot on which the construction, reconstruction or overhaul of the capital construction object is supposed to be carried out, the executive authority of this constituent entity of the Russian Federation has the right to apply to The Federal Agency for Construction, Housing and Communal Services with a request to send project documentation and (or) the results of engineering surveys for state expertise to another organization for state expertise. The procedure for filing an appropriate application and making a decision on it is established by the Federal Agency for Construction and Housing and Communal Services.
III. Verification of documents submitted for state examination
21. The organization for conducting the state examination, within 3 working days from the date of receipt from the applicant of the documents specified in paragraphs 13-15 of this Regulation, checks them. The term for conducting an inspection in relation to the objects specified in paragraph 9 of this Regulation should not exceed 10 working days.
22. Within the period specified in paragraph 21 of this Regulation, the applicant shall be presented (sent) with a draft agreement with the calculation of the amount of the fee for the state examination, signed by the organization for the state examination, or a reasoned refusal to accept the documents submitted for the state examination, or said documents must be returned without consideration.
23. Documents submitted for the state examination shall be returned to the applicant without consideration on the following grounds:
a) state expertise must be carried out by another organization for conducting state expertise;
b) the submitted design documentation and (or) the results of engineering surveys performed for the preparation of such design documentation are not subject to state expertise.
24. The grounds for refusal to accept the design documentation and (or) the results of engineering surveys submitted for state expertise are:
a) the absence in the project documentation of the sections provided for by parts 12 and 13 of Article 48 of the Town Planning Code of the Russian Federation;
b) non-compliance of sections of project documentation with the requirements for the content of sections of project documentation, established in accordance with part 13 of article 48 of the Town Planning Code of the Russian Federation;
c) non-compliance of the results of engineering surveys with the composition and form established in accordance with part 6 of article 47 of the Town Planning Code of the Russian Federation;
d) submission of not all the documents specified in paragraphs 13-15 of this Regulation, necessary for the state examination, including the absence of a positive conclusion of the state examination of the results of engineering surveys (in the event that the project documentation is sent for state examination after the state examination of the results of engineering surveys ).
25. In case of return of the documents submitted for the state examination without consideration or refusal to accept the documents, the said documents shall be returned (with the exception of the application for the state examination) to the applicant.
If the shortcomings in the documents submitted by the applicant, which served as the basis for refusing to accept them for state examination, can be eliminated without returning these documents and the applicant does not insist on their return, the examination organization sets a time limit for eliminating such shortcomings, which should not exceed 30 days.
26. The legal regulation of the contract is carried out according to the rules established by the civil legislation of the Russian Federation in relation to the contract for the provision of services for compensation. The agreement defines:
a) the subject matter of the contract;
b) the term for the state examination and the procedure for its extension within the limits established by the Town Planning Code of the Russian Federation and these Regulations;
c) the amount of the fee for the state examination;
d) the procedure, permissible limits and terms for making changes to the project documentation and (or) the results of engineering surveys in the process of conducting state expertise;
e) the procedure and terms for the return to the applicant of the documents accepted for the state examination;
f) the terms of the contract, the violation of which refers to significant violations, giving the parties the right to raise the issue of its early termination;
g) liability of the parties for non-fulfillment and (or) improper fulfillment of obligations arising from the contract, including for late return or acceptance of documents submitted for state examination.
IV. Carrying out state expertise
27. The subject of the state examination of project documentation is the assessment of its compliance with the requirements of technical regulations, including sanitary and epidemiological, environmental requirements, the requirements of state protection of cultural heritage sites, the requirements of fire, industrial, nuclear, radiation and other safety, as well as the results of engineering surveys. The subject of the state examination of the results of engineering surveys is the assessment of their compliance with the requirements of technical regulations.
Prior to the entry into force in accordance with the established procedure of technical regulations on the organization of the territory, location, design, construction and operation of buildings, structures, structures, the compliance of project documentation and engineering survey results with the requirements of the law, regulatory technical documents to the extent that does not contradict the Federal Law "On Technical regulation" and the Town Planning Code of the Russian Federation.
28. The conduct of the state examination begins after the applicant submits documents confirming the payment for the state examination in accordance with the contract, and ends with the direction (delivery) of the conclusion of the state examination to the applicant.
29. The term of the state examination should not exceed 3 months. Within no more than 45 days, a state examination is carried out:
a) the results of engineering surveys that are sent for state expertise before the design documentation is sent for this expertise;
b) design documentation or design documentation and results of engineering surveys in relation to residential capital construction projects that are not unique objects;
c) project documentation or project documentation and results of engineering surveys in relation to capital construction facilities, the construction, reconstruction and (or) major repairs of which will be carried out in special economic zones.
30. The legislation of the constituent entities of the Russian Federation may establish shorter periods for the state examination in respect of objects, the state examination of project documentation and (or) the results of engineering surveys for which is carried out by the executive authorities of the constituent entities of the Russian Federation or state institutions subordinate to them.
31. During the state examination of project documentation, prompt changes to the project documentation may be made in the manner prescribed by the contract.
32. When conducting a state examination, the organization for conducting a state examination shall have the right to:
a) demand from state authorities, local authorities and organizations information and documents necessary for the state examination;
b) engage on a contractual basis other state and (or) non-state organizations, as well as specialists, to conduct the state examination.
33. Bodies of state power, bodies of local self-government and organizations, no later than 10 days from the date of receipt of a written request from the organization for conducting state expertise to provide it with information and (or) documents necessary for conducting state expertise, send this organization the requested information and ( or) documents or notify in writing that it is impossible to submit them, indicating the reasons.
V. The result of the state examination. Issuance to the applicant of the conclusion of the state examination
34. The result of the state examination is a conclusion containing conclusions on compliance (positive opinion) or non-compliance (negative opinion):
a) project documentation to the requirements of technical regulations and the results of engineering surveys - if a state examination of project documentation was carried out;
b) the results of engineering surveys to the requirements of technical regulations - in the event that a state examination of the results of engineering surveys was carried out;
c) project documentation to the requirements of technical regulations and the results of engineering surveys, the results of engineering surveys to the requirements of technical regulations - if the state examination of the project documentation and the results of engineering surveys was carried out simultaneously.
35. If in the design documentation and (or) the results of engineering surveys in the process of conducting the state examination of shortcomings (lack (incomplete) of information, descriptions, calculations, drawings, diagrams, etc.) that do not allow drawing the conclusions specified in paragraph 34 of this Regulation, the organization for the state examination shall immediately notify the applicant of the identified shortcomings and, if necessary, set a deadline for their elimination. If the identified deficiencies cannot be eliminated during the state examination or the applicant has not eliminated them within the prescribed period, the organization for conducting the state examination has the right to refuse further examination and raise the issue of early termination of the contract, of which it will notify the applicant in writing indicating the reasons for the decision.
36. The conclusion of the state examination is signed by the state experts who participated in the examination, and approved by the head of the organization for conducting the state examination or an official authorized by such a head.
37. The requirements for the composition, content and procedure for issuing the conclusion of the state examination are established by the Federal Agency for Construction and Housing and Communal Services.
38. The project documentation cannot be approved by the developer or the customer if there is a negative conclusion of the state examination of the project documentation.
The negative conclusion of the state examination may be challenged by the developer or customer in court.
39. Issuance of the conclusion of the state examination is carried out in the hands of the applicant or by sending a registered letter. A positive conclusion of the state examination is issued in 4 copies.
Project documentation, a copy of the design assignment, the results of engineering surveys and a copy of the assignment for the performance of engineering surveys shall be returned to the applicant within the time and in the manner specified by the contract.
40. The organization for conducting the state examination maintains a register of issued conclusions of the state examination, which indicates:
a) identification information about the performers of the work;
b) identification information about the capital construction object, the design documentation and (or) the results of engineering surveys in respect of which are submitted for state expertise;
c) identification information about the developer and customer;
d) information on the result of the state examination (negative or positive conclusion);
e) date of issue and details of the conclusion.
41. The information contained in the register of issued state examination conclusions is open and provided to any person within 10 days from the date of receipt of a written request by the state examination organization.
The procedure for maintaining a register of issued state expert opinions and providing information contained in the register is established by the Federal Agency for Construction, Housing and Communal Services.
42. When conducting a state examination, a state examination file is opened. Cases of the state examination are archival documents of permanent storage. Their destruction, as well as the correction and (or) withdrawal of the documents contained in them are not allowed. The following shall be included in the state examination case:
a) applications for state examination (primary and repeated);
b) a copy of the contract;
c) documents containing conclusions drawn by organizations and (or) specialists involved on a contractual basis in the examination;
d) conclusions of the state expertise (primary and repeated);
e) other documents related to the conduct of the state examination (copies of documents) determined by the legislation of the Russian Federation and the organization for conducting the state examination.
43. In case of loss of the conclusion of the state examination, the applicant has the right to obtain a duplicate of this conclusion from the organization for the conduct of the state examination. Issuance of a duplicate is carried out free of charge within 10 days from the date of receipt of a written request by the specified organization.
VI. Repeated state examination
44. Project documentation and (or) the results of engineering surveys may be resubmitted (2 or more times) for state expertise after the elimination of the shortcomings indicated in the negative conclusion of the state expertise.
The repeated state examination is carried out in the manner provided for by these Regulations for the primary state examination.
If the shortcomings that served as the basis for the negative conclusion of the state examination can be eliminated without returning these documents and the applicant does not insist on their return, the state examination organization sets a time limit for eliminating such shortcomings. In this case, the documents submitted for state examination shall not be returned to the applicant. After their completion, the applicant submits to the organization for the state examination a part of the design documentation and (or) the results of engineering surveys with the changes made and a certificate describing these changes.
45. An expert assessment during a repeated state examination is subject to a part of the design documentation and (or) the results of engineering surveys, in which changes have been made, as well as the compatibility of the changes made with the design documentation and (or) results of engineering surveys, in respect of which the state expertise.
If, after the initial (previous repeated) state examination, changes are made to the legislation of the Russian Federation that may affect the results of the state examination, the submitted project documentation and (or) results of engineering surveys in full may be subjected to expert assessment.
VII. State experts
46. ​​Persons certified in the manner prescribed by the Federal Agency for Construction and Housing and Communal Services as state experts have the exclusive right to prepare state expert opinions.
47. When conducting a state expert examination, the state expert is independent and is obliged to be guided only by the requirements of the legislation of the Russian Federation. No one has the right to give binding instructions to the state expert regarding conclusions regarding the compliance or non-compliance of project documentation with the requirements of technical regulations and the results of engineering surveys, compliance or non-compliance of engineering surveys with the requirements of technical regulations.
48. The state expert is not entitled to participate in the state examination if the results of the examination represent a property or other personal interest for him, including if he himself or his close relatives (parents, spouse), children).
49. The procedure for certification (re-certification) of state experts should regulate:
a) qualification requirements for state experts in accordance with their areas of activity;
b) the procedure for submitting documents for certification (re-certification), admission to proficiency testing, issuance of a certificate of state expert, extension of the validity of the certificate and the grounds for its extension;
c) forms of verification of the qualifications of an applicant for obtaining the status of a state expert or state expert (oral examination, testing, interview);
d) cases when certification (re-certification) of state experts can be carried out without checking their qualifications;
e) grounds for refusing admission to the qualification test of an applicant for obtaining the status of a state expert;
f) the grounds for and procedure for the annulment of the certificate of a state expert.
50. Qualification requirements for state experts include:
a) professional education requirements;
b) requirements for work experience in the relevant field of activity;
c) requirements for knowledge of the legislation of the Russian Federation in the field of urban planning, technical regulation, ensuring the safety of capital construction projects in terms of design, engineering surveys for the design, construction and operation of these facilities.
VIII. The amount of the fee for the state examination
51. The amount of payment for the state examination of the results of engineering surveys performed for the construction, reconstruction, overhaul of residential capital construction facilities (RPizh) is determined by the formula:
RPizh \u003d BSizh x Ki,
where:
BSizh - the base cost of the state examination of the results of engineering surveys carried out for the construction, reconstruction, overhaul of residential capital construction facilities (in rubles);

52. The base cost of the state examination of the results of engineering surveys performed for the construction, reconstruction, overhaul of residential capital construction facilities (BSizh) is determined by the formula:
BSizh \u003d Aizh + Vizh x Khzh,
where:
Aizh - the first constant value, equal to 13,000 rubles; Vizh - the second constant, equal to 5 rubles; Khzh - land area, measured within the perimeter of a residential capital construction facility (in square meters).
53. The amount of payment for the state examination of design documentation for residential capital construction facilities (RPJ) is determined by the formula:
Rpj \u003d Bspj x Ki,
where:
Bspzh - the base cost of the state examination of design documentation for residential capital construction projects (in rubles);
Ki is a coefficient reflecting inflationary processes compared to January 1, 2001, which is defined as the product of consumer price indices published by the Federal State Statistics Service for each year following 2000 up to the year preceding the year in which the amount of the fee for holding state expertise (inclusive).
54. The base cost of the state examination of design documentation for residential capital construction projects (BCPJ) is determined by the formula:
Bspj \u003d (Apj + Vpj x Khzh + Spj x Yzh) x Kn x Ks,
where:
Apj - the first constant value equal to 100,000 rubles;
Vpj - the second constant value, equal to 35 rubles;
Khzh - land area, measured within the perimeter of a residential capital construction facility (in square meters);
Spj - the third constant value, equal to 3.5 rubles;
Yzh - the total area of ​​a residential capital construction facility in its new construction or the total area of ​​​​premises subject to reconstruction, overhaul (in square meters);
Kn - coefficient taking into account the purpose of the design documentation, equal to 1 if the design documentation is intended for the construction or reconstruction of a capital construction facility, and equal to 0.5 for a major overhaul of a capital construction facility;
Кс - coefficient of complexity of project documentation, equal to:
1.15 - if the land plot is located above mine workings, in zones of seismicity of 7 points, karst and landslide phenomena, permafrost, subsidence or swelling soils;
1,2 - if the land plot is located in a seismicity zone of 8 points;
1.3 - if the land plot is located in a seismicity zone of 9 points;
1 - in other cases.
55. The amount of payment for the simultaneous state examination of design documentation for residential capital construction projects and the results of engineering surveys performed for the preparation of such design documentation (RP) is determined by the formula:
RPzh \u003d (RPizh + RPj) x 0.9,
where RPizh and RPj - the amount of payment for the state examination, calculated in accordance with paragraphs 51 and 53 of this Regulation.
56. The amount of payment for the state examination of design documentation for non-residential capital construction projects and (or) the results of engineering surveys performed for the preparation of such design documentation (RPnzh) is determined by the formula:
RPnzh \u003d Spd x P x Ki + Sizh x P x Ki,
where:
Spd - the cost of manufacturing project documentation submitted for state examination, calculated in 2001 prices on the basis of documents in the field of estimated rationing and pricing recommended by the Federal Agency for Construction and Housing and Communal Services (in rubles);
Sizh - the cost of manufacturing engineering survey materials submitted for state examination, calculated in 2001 prices on the basis of documents in the field of estimated rationing and pricing recommended by the Federal Agency for Construction and Housing and Communal Services (in rubles);
P - percentage of the total cost of design and (or) survey work submitted for state expertise, according to the appendix;
Ki is a coefficient reflecting inflationary processes compared to January 1, 2001, which is defined as the product of consumer price indices published by the Federal State Statistics Service for each year following 2000 up to the year preceding the year in which the amount of the fee for holding state expertise (inclusive).
57. When calculating, in accordance with this section, the amount of the fee for conducting a state examination, the amount of value added tax is taken into account, unless otherwise provided by the legislation of the Russian Federation.
58. A fee equal to 30 percent of the fee for conducting a primary state examination is charged for conducting a repeated state examination.
In the event that documents for a repeated state examination in respect of residential capital construction projects are submitted within 14 days after receiving a negative opinion, no fee for conducting a repeated state examination is charged.
IX. The procedure for charging fees for conducting state expertise
59. State examination of project documentation is carried out at the expense of the applicant.
60. Payment for services for the state examination is made regardless of the result of the state examination.

Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.

1. Electronic applications in the field of competence of the Ministry of Construction of Russia, filled in in accordance with the attached form, are accepted for consideration.

2. An electronic appeal may contain an application, complaint, proposal or request.

3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.

4. In accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation", electronic applications are registered within three days and sent, depending on the content, to the structural divisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the appropriate official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.

5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.

6. The response to the applicant of the appeal is sent to the postal address specified when filling out the form.

7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements of Russian legislation on personal data.

8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"

One of the most common questions that we are asked is the question about the timing of the examination of project documentation. Why there is confusion with the terms of the Customers is due to the amount of different information that is found on the Internet on this topic. You can meet such terms as 3-5 days, 45 days, 60 days, 90 days.

Let's take a look at the accuracy of this information. And for this, we will focus specifically on the title documents: federal laws, resolutions, explanations and other current regulations.

So, the first document that we will consider is Decree of the Government of the Russian Federation N 145 "On the procedure for organizing and conducting state examination of project documentation and engineering survey results." Item 29.

The results of engineering surveys before sending the project documentation for this examination;

Design documentation for residential capital construction projects, including built-in and attached non-residential premises that are not unique objects;

Project documentation and results of engineering surveys in relation to residential capital construction projects, including built-in and attached non-residential premises that are not related to unique objects;

Project documentation for capital construction facilities, the construction, reconstruction and (or) overhaul of which will be carried out in special economic zones;

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

In 2016, the aforementioned Decree was supplemented with paragraph 29(1), according to which the deadlines can be extended at the initiative of the applicant by no more than 30 days in the manner prescribed by the contract.

In this normative act, we are talking about the timing of the state examination. Does this term apply to non-state expertise? Is there a document that specifies the time limit for a non-state examination? Yes, there is such a document. This is Decree of the Government of the Russian Federation No. 272 ​​“On approval of the Regulations on the organization and conduct of non-state examination of project documentation and (or) engineering survey results”, paragraph 6.

According to this normative act, all non-state examination procedures, including the preparation of an expert opinion and the procedure for appealing it, are regulated by the Regulations on the organization and conduct of state examination of project documentation and engineering survey results.

Based on this information, it is important to understand that the current legislation of the Russian Federation regulates the terms of examination by the same regulatory documents. The period of non-state examination is established by law in accordance with the period of state examination and should not exceed 60 days (Decree of the Government of the Russian Federation No. 145, paragraph 29).

Now let's figure out where the information about the terms of 3-5 days comes from. Again we turn to the current legislation. In the Decree of the Government of the Russian Federation No. 145 on the procedure for organizing and conducting state examination, in paragraph 21, it is established that a period of 3 days is determined for checking project documentation.

Please note that the period of verification and the period of issuance of the conclusion do not always coincide!

What does this process look like in practice?

First, the receipt of project documentation for examination. This means that there must be a complete package of documents, in accordance with Decree No. 87.

Secondly, the organization of the process of verification of project documentation.

Thirdly, the distribution of the received project documentation among the experts.

Fourth, work with comments. It is at this stage that the interaction between the expert organization and the Customer is important. The ideal situation is when the comments made by the experts are promptly processed by the Customer. However, there are situations when the receipt of responses to comments is delayed by the Customer himself and thus, the Customer, by his actions, can increase the time for issuing the conclusion.

The last, fifth, stage is the writing of local opinions on sections and the writing of a summary conclusion of the examination.

From the stages described above, I hope it became clear that the timing of the examination of project documentation is a two-way process in which both parties are fully involved: the expert organization and the Customer. The terms of verification are regulated by the current legislation of the Russian Federation.

It is definitely easier for us, MINEKS LLC, for non-state expertise of project documentation and engineering survey results, to regulate the timing of the expertise due to the geography of our full-time experts and the possibility of building the process of conducting the expertise around the clock.

Our company employs 145 experts in all areas of the project, living in different cities of Russia, from Moscow to Vladivostok. Due to such geography, the examination process is carried out around the clock. The difference in time affects the acceleration of the verification time. For example, when the working day ends in Moscow, morning comes in Vladivostok and the working day begins. This is very convenient for our Customers, for whom the shortest possible time for the completion of work by our experts is important.

And of course, the very process of organizing the examination of project documentation and the results of engineering surveys, which is based on the principles of efficiency, decency, common sense and the desire to find technically competent solutions that are optimal for the Customer, including difficult situations.

The terms that we guarantee to our customers range from 7 to 30 days.

ON THE PROCEDURE FOR ORGANIZING AND CARRYING OUT STATE EXAMINATION OF PROJECT DOCUMENTATION AND RESULTS OF ENGINEERING SURVEYS

(as amended by Decrees of the Government of the Russian Federation No. 970 dated December 29, 2007 , No. 87 dated February 16, 2008 , dated 07.11.2008 N 821 , dated 27.09.2011 N 791)

In pursuance parts 11 Article 49 of the Town Planning Code of the Russian Federation The Government of the Russian Federation decides:
1. Approve the attached Regulations on the organization and conduct of state expertise of project documentation and engineering survey results.
2. Determine that:
a) paragraphs 46 - 48 of the Regulations approved by this resolution shall be applied from January 1, 2009;
No. 970 dated December 29, 2007)
b) the state examination of design documentation for capital construction facilities and the results of engineering surveys performed for such facilities is organized and carried out:
parts 5.1 Article 6 of the Town Planning Code of the Russian Federation (with the exception of the facilities specified in the third and fourth paragraphs of this subparagraph), by a state institution subordinate to the Ministry of Regional Development of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation dated 07.11.2008 N 821)
in relation to the objects specified in parts 5.1 Article 6 of the Town Planning Code of the Russian Federation, which are objects of the military infrastructure of the Armed Forces of the Russian Federation, - by the Ministry of Defense of the Russian Federation, in relation to other defense and security facilities under the jurisdiction of federal executive authorities - by federal executive authorities authorized to conduct state examination of the design documentation and results of engineering surveys by decrees of the President of the Russian Federation;
in relation to unique objects, construction, reconstruction, overhaul of which is supposed to be carried out on the territory of Moscow, - by the executive authority of Moscow or a state institution subordinate to it (before January 1, 2011);
in relation to other objects - by executive authorities of the constituent entities of the Russian Federation authorized to conduct state examination of project documentation and engineering survey results or state institutions subordinate to these bodies;
c) during the state examination of project documentation and engineering survey results, assessment of project documentation and engineering survey results for compliance with the requirements that were the subject of sanitary and epidemiological expertise, state environmental expertise, state historical and cultural expertise, state expertise of working conditions, state expertise in the field of protection of the population and territories from emergencies and industrial safety expertise is not carried out if, before the entry into force of the Regulation approved by this Decree, positive conclusions are obtained based on the results of these examinations, and also if positive conclusions based on the results of these examinations are obtained on the basis of materials sent to conduct these examinations before January 1, 2007. The conclusions of these examinations are taken into account when preparing the conclusions of the state examination of project documentation and the results of engineering surveys ny;
d) state examinations of project documentation and engineering survey results that began before the entry into force of the Regulation approved by this resolution are subject to completion by the bodies (state institutions) that started them. Repeated state examinations of project documentation and engineering survey results may be carried out until January 1, 2008 by bodies (state institutions) that issued negative conclusions based on the results of initial state examinations;
e) a summary conclusion of the state examination of project documentation, issued before the entry into force of the Regulation approved by this resolution, and containing conclusions on the recommendation of the design documentation for approval, is equated to a positive conclusion of the state examination of project documentation and engineering survey results. The specified summary conclusion, as well as a positive conclusion of the state examination of project documentation, issued in accordance with the Regulations approved by this resolution, before the acts of the Government of the Russian Federation, provided for in subparagraph "a" of paragraph 3 and paragraph 4 of this resolution, come into force, and containing a positive assessment of the estimated the cost, carried out in the cases specified in subparagraph "i" of this paragraph, in relation to a capital construction object, the construction or reconstruction of which is financed in full or in part at the expense of the federal budget, are equated to positive conclusions about the effectiveness, reliability and assessment of the validity of the use of funds federal budget allocated for capital investments;
f) prior to the approval of the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and