Reconstruction in construction definition. How is overhaul different from reconstruction?

Polishchuk Vadim Igorevich,

Project manager

Overhaul and reconstruction: many mistakenly understand these terms as synonyms. In fact, this is not so. There is a significant difference between reconstruction and overhaul of any building. What it consists of will be explained in this material.

The definition of the concepts of overhaul and reconstruction is found in Chapter No. 1 of the Town Planning Code of the Russian Federation.

   Overhaul of capital construction facilities (excluding linear facilities) - replacement and (or) restoration of building structures of capital construction objects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering support systems and engineering networks providing capital construction objects or their elements, as well as replacing individual elements of load-bearing building structures with similar or other improving other indicators of such structures are elements and (or) restoration of these elements (Section 14.2 is introduced by the Federal Law of July 18, 2011 N 215-ФЗ).

Overhaul of linear objects is a change in the parameters of linear objects or their sections (parts) that does not entail a change in the class, category and (or) initially established indicators of the functioning of such objects and which does not require a change in the boundaries of the right of way and (or) security zones such facilities (Clause 14.3 is introduced by the Federal Law of July 18, 2011 N 215-ФЗ).

Based on the definition, it is clear that during the overhaul (with the exception of linear facilities), the main technical and economic indicators (building area, construction volume, usable area, number of floors) do not change.

The purpose of the overhaul is to eliminate the malfunction of all worn-out elements, including partial replacement or strengthening of foundations, bearing walls, frames, roofs and roofs for more durable, economical and maintainable materials. At the same time, building modernization can be carried out: improving the layout by dismantling the old non-bearing partitions and erecting new ones, re-equipping the old engineering networks with new and modern ones.

A similar situation is with linear objects. For example, during the overhaul of roads and bridges, the number of lanes for traffic does not increase, indicators of external engineering networks, such as power, pressure, voltage, do not change. But at the same time, it is allowed to replace materials with others with better performance characteristics. For example, replacing pig-iron pipes with polypropylene pipes, aluminum cable with copper, etc.
   Further about the reconstruction. Reconstruction of capital construction objects (with the exception of linear objects) - changing the parameters of the capital construction object, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of the capital construction object, as well as replacement and (or) restoration supporting building structures of the capital construction object, with the exception of replacing individual elements of such structures with similar or other improving indicators of such structures elements and (or) restoring updates of these elements (Clause 14 was introduced by the Federal Law of November 28, 2011 N 337-ФЗ).

Reconstruction of linear objects - a change in the parameters of linear objects or their sections (parts), which entails a change in the class, category and (or) of the initially established indicators of the functioning of such objects (power, load capacity and others) or which requires a change in the borders of the right of way and ( or) security zones of such facilities (Clause 14.1 is introduced by the Federal Law of July 18, 2011 N 215-ФЗ).

From the definition it follows that the reconstruction of a linear object, in contrast to the overhaul, changes the technical parameters and characteristics of the reconstructed object.

For example, when reconstructing a road, the category of roads changes, the width of the carriageway, if these are external engineering networks, then their capacity and length change. When reconstructing capital construction objects, it is necessary not only to eliminate accumulated physical and moral depreciation, but also to bring the object to compliance with all applicable norms and rules.

Most of the buildings under repair do not comply with all applicable standards, and this is understandable, because often the age of a building is estimated in decades, and the norms change almost every year.

Therefore, during major repairs, some deviation from the current standards is allowed. For example, it was decided to repair the roof of the building; at the same time, there is no need to improve the adjacent territory, increase the number of parking spaces, insulate facades, etc. And if it is decided to reconstruct the building, for example, to build an extension or to make an attic instead of an unexploited attic, then it is necessary to bring the entire building to the required current standards, starting from modern architectural solutions, layouts, and ending with the requirements for the energy efficiency of the building.

It is worth noting another definition of reconstruction, taken from the Tax Code of the Russian Federation (part 257). Reconstruction includes the reorganization of existing fixed assets related to the improvement of production and increase of its technical and economic indicators and carried out under the project of reconstruction of fixed assets in order to increase production capacity, improve quality and change the product range.

It is obvious that the definitions of the term "Reconstruction" given by the Tax and Town-planning codes differ significantly. The question arises: which of the definitions should be guided by, or does one complement the other? Then it turns out that the reconstruction is the reconstruction?

To understand this issue, we turn to the next regulatory documents. According to article 25 of the Housing Code, the reconstruction of a dwelling is the installation, replacement or transfer of utility networks, sanitary, electrical, or other equipment requiring changes to the technical passport of a dwelling.
   This definition does not contradict the term of the Town Planning Code on capital repairs in the part “replacement and (or) restoration of engineering and technical support systems and engineering and technical support networks”. There are no definitions of reconstruction in the Housing Code. It turns out that the definition taken from the Tax Code contradicts the Urban Planning and Housing Codes?
   Let's put all the dots over the "i". In accordance with paragraph 1 of Article 11 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation), the institutions, concepts and terms of civil, family and other branches of the legislation of the Russian Federation used in the Tax Code of the Russian Federation are applied in the sense in which they are used in these industries legislation, unless otherwise provided by the Tax Code.

Thus, if the building produces products (in other words, if the building in question is of industrial use) and these products are taxed, then it is necessary to be guided by the definition from the Tax Code. That is, the reconstruction in this case will be the replacement and (or) installation of equipment with more advanced equipment, which will be able to produce new products or will increase volumes or improve product quality. If it is supposed to replace old, morally and physically obsolete equipment with new, modern equipment, this will be a technical re-equipment; it is allowed to change the production technology, but it is not allowed to increase production capacities and we are not talking about the quantity and quality of products.

To summarize.
   It is quite difficult for an average man to understand the terminology of legislative documents, and those who were able to understand the whole difference between the overhaul and reconstruction of the building, wondered why to delve into such subtleties.

The thing is that the type of construction affects the timing of commissioning and - most importantly! - the cost of construction, which, among other things, includes the preparation of necessary documents, and the cost of providing legal and other services.

If you spend overhaul, then no construction permit is required, and the procedure for preparing for the construction and commissioning of the building will be much simpler, faster and cheaper than during the reconstruction of the building.

The difference between overhaul and reconstruction is well understood by the developers, trying with all their might to "get away" from the reconstruction of the building, since the preparation of documents can take more than a year, and in other cases more than one year. As a result, contentious issues arise between local governments and stakeholders.
   In the next article, we will talk about controversial situations that arose during the overhaul of buildings that we had to deal with in practice.

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The concept of "reconstruction" appears in many legislative acts in force on the territory of the Russian Federation. The general essence of this definition is one way or another clear to every person, but when carrying out any legally relevant procedures, it is important to know the exact wording of all the concepts that you appeal to.

Dear readers! The article describes typical ways of solving legal problems. Your case is individual.

The reconstruction and its essence are considered by a regulatory act called the Town Planning Code of the Russian Federation (GSK RF). Summarizing its provisions, our resource presents today's material, in which the concept of “reconstruction” is considered in detail taking into account the sphere of legal relations, where it is used.

Reconstruction - a common definition

As mentioned earlier, this is a concept that often “pops up” when considering various legislative acts. Studying this definition separately, it is necessary to refer to the Urban Planning Code of the Russian Federation, which is a set of legislative acts that determine:

• the order of planning, development and improvement of local settlements, as well as the procedure for the formation of their infrastructure;
• the basics of the wise use of resources of importance to humans (natural resources, objects of historical and cultural heritage, etc.);
• the general essence and principles of legal relations between citizens, organizations and other legal entities regarding the development and use of land heritage;
• basic concepts of the construction complex of the Russian Federation.

The first article of the GSC sets out a complete list of concepts that are important and often used in this legislative act. The 14th paragraph of the article defines the essence of the concept under consideration, according to its provisions the following can be distinguished: “Reconstruction is any type of change in the parameters of a construction object (building, residential premises, construction, etc.), which entails its substantial modification or altogether a change in the class of a building object. ”

In simple words, reconstruction of a structure means making any significant changes to its structure or concept. That is, the extension of the balcony to the apartment is a reconstruction, but wallpapering in it is not. It is possible to more accurately determine whether the changes you make to the construction object will be reconstruction or not, by a deeper study of the GSK of the Russian Federation. In this legislative act, this concept is considered literally for each type of construction projects that can be reconstructed.

About reconstruction - in the video material:

What types of reconstruction the legislator identifies

Having considered in the previous paragraph of the article the general concept of reconstruction on the part of the legislator, we can begin a more detailed consideration of this definition. Directly in the GSK of the Russian Federation there are several types of reconstruction and their essence:

• Basic reconstruction of capital construction facilities (structures that in fact have not yet been completed and cannot be put into operation). It represents a change in its individual parts, carrying out add-ons, rebuilding, expanding the structure, replacing or restoring its load-bearing structures and similar actions carried out on this object and changing its previously existing structural concept.
• Reconstruction of linear construction objects (buildings whose length is several times greater than the width: pipelines, utilities, etc.). It represents the conduct of any action on an object that entails a change in its class, category and other previously established indicators of its operation.
• Reconstruction of residential premises, buildings and similar objects, which represents any significant changes in their original design.

Reconstruction and overhaul are different concepts

It is worth noting that, according to the law, this is not a reconstruction. It will be considered as such if, for its implementation, it is necessary to make changes to the structure of the structure regulated by the GSK of the Russian Federation and falling under the concept of "reconstruction".

The most relevant area of \u200b\u200bconsideration of reconstruction concepts for ordinary citizens is the construction or repair of apartment buildings or individual residential premises (, etc.). The concept of “reconstruction”, considered in this context, has no particular features and is defined as follows:

• Reconstruction of a building is a complex of construction works and similar measures, which are accompanied by a change in the main technical and economic characteristics of the construction object (change in the area of \u200b\u200bindividual apartments, reorganization of supply networks, re-equipment of electric networks, etc.).
• Reconstruction of a dwelling is any action that is aimed at improving its space-planning decisions or architectural characteristics (expanding the area of \u200b\u200bthe premises, supporting structures, etc.).

In addition to the above definitions, reconstruction in the GSK of the Russian Federation is not considered. Certain types of this concept are clearly defined by law and are open to understanding by any citizen of our country.

How popular is the concept of “reconstruction” in Russian law

Reconstruction and repair are not the same thing

Now that the concept of “reconstruction” has been studied up and down, one may ask, “Is it necessary to clearly distinguish it, for example, from the ordinary?” Definitely yes. Why? Let's get it right. So, first of all, we note that reconstruction definitions are very popular today for both citizens and the state.

This is due to the fact that cadastral registration of all construction objects is conducted on the territory of Russia. It is in it that the plenipotentiary organizations are obliged to enter all the information about all construction projects built in our country. In addition to data on the registration process and the location of the building, the cadastre also contains the technical plan of the object, the information in which should always be relevant.

As a result of this, the reconstruction of any construction object requires additional registration and provision of data on its implementation to the authorized state organizations. Persons ignoring such procedures are required to bear some responsibility before the law.

Besides the importance of reconstruction due to construction projects, the concept is often used in some legislative acts. Its influence is most significant in some articles of the Land, Housing and Civil Codes of the Russian Federation. To know the essence of the definition is simply necessary, otherwise it will be very difficult to understand the legislative aspects of some legal relations.

In general, reconstruction is not such a complicated concept. You can consider it without any problems, if you turn to the Town Planning Code of the Russian Federation or the material presented above. We hope the article was useful to you. Good luck in asserting your rights and analyzing legislative concepts!

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

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

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

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

1) state and municipal unitary enterprises, including state and municipal treasury enterprises, state and municipal institutions in the event they conclude construction contracts with federal executive bodies, state corporations that carry out legal regulation in the relevant field, state authorities of the subjects Of the Russian Federation, local authorities in charge of such enterprises, institutions I, or in the case of the performance by such enterprises, institutions of the functions of a technical customer on behalf of the indicated federal executive bodies, state corporations, government bodies of the constituent entities of the Russian Federation, local governments;

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

3) legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the case of conclusion by these legal entities of construction contracts in the established areas of activity (in the areas for the purposes of which these legal entities were established ), as well as commercial organizations, in the authorized (share) capital of which the share of these legal entities is more than fifty percent, if such commercial RGANIZATION construction contracts with these entities or in case of implementation of these business organizations functions of technical customer on behalf of the above entities;

4) legal entities, in the authorized (joint-stock) capital of which the share of public law entities is more than fifty percent, if these legal entities conclude construction contracts with federal executive bodies, state authorities of the constituent entities of the Russian Federation, local governments, in established the fields of activity of which the indicated legal entities carry out their statutory activities, or in the event that the indicated legal entities perform a technical customer on behalf of these federal executive bodies, state bodies of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in the authorized (share) capital of which the share of these legal entities is more than fifty percent, if such commercial organizations conclude construction contracts a contract with the specified federal executive bodies, state bodies of the constituent entities of the Russian Federation, about Ganas local government, legal entities, or in the case of performing such business organizations functions of technical customer on behalf of these federal bodies of executive power, bodies of state power of subjects of the Russian Federation, local self-government bodies, legal entities;

5) individuals engaged in the construction, reconstruction, overhaul of an individual residential building, as well as individuals engaged in the construction, reconstruction, overhaul of the facilities referred to in paragraphs 1 - 3 of part 17 of Article 51 of this Code.

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

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

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

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

5. If, in accordance with this Code, during construction, reconstruction of the capital construction facility, state construction supervision is provided, the builder or technical customer in advance, but no later than seven working days before the start of construction, the capital construction reconstruction must be sent to authorized the implementation of state construction supervision by the federal executive body, the executive body of the subject of the Russian Federation deratings or an authorized organization carrying out state management of atomic energy use and state administration in carrying out activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, (hereinafter also the state construction supervision bodies) a notice of the beginning of such work, to to which the following documents are attached:

1) a copy of the building permit;

2) the design documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction in the amount necessary to carry out the corresponding stage of construction;

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

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

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

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

6. The person carrying out the construction is obliged to carry out the construction, reconstruction, and overhaul of the capital construction object in accordance with the assignment of the builder, technical customer, person responsible for the operation of the building, structure, or regional operator (in the case of construction, reconstruction, overhaul basis of a construction contract), design documentation, requirements for the construction, reconstruction of the capital construction facility, established on the date of issue of the land plot submitted for obtaining a permit for the construction of the urban development plan, the permitted use of the land plot, the restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of technical regulations and, at the same time, ensure the safety of work for third parties and the environment, compliance with safety requirements labor, preservation of cultural heritage objects. The person conducting the construction is also obliged to provide access to the territory on which the construction, reconstruction, overhaul of the capital construction object, representatives of the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, state construction supervision bodies are carried out, provide they need the necessary documentation, conduct construction control, ensure the maintenance of executive documentation, notify the developer, those the customer, the person responsible for the operation of the building, structure, or regional operator, representatives of the state construction supervision bodies on the timing of completion of the work that is subject to verification, to ensure the elimination of identified deficiencies and not proceed with the continuation of work until the preparation of acts to eliminate the identified deficiencies for the quality of applied building materials.

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

8. If an object possessing the features of a cultural heritage object is discovered during construction, reconstruction, overhaul, the person carrying out the construction must suspend construction, reconstruction, overhaul, notify the authorities stipulated by the legislation of the Russian Federation on objects of cultural heritage about the discovery of such an object .

9. Requirements for the preparation of land for construction and capital construction for reconstruction, overhaul, the composition and procedure for maintaining executive documentation, the form and procedure for maintaining general and special journals, which keep track of the performance of work, the procedure for construction, reconstruction, overhaul , the order of conservation of the capital construction facility may be established by regulatory legal acts of the Russian Federation.

Commentary on Art. 52 ГРК of the Russian Federation

1. The introduction of such a norm is also a novelty of urban planning legislation. Another important point is the consolidation of the provision that the construction, reconstruction of capital construction facilities, major repairs of such facilities are regulated at the federal level. Prior to this, the possibility of adopting territorial and regional construction standards was provided.

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

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

The legislation of the Russian Federation establishes such a requirement for persons who can carry out construction and reconstruction as the availability of a license. Moreover, this requirement has undergone significant changes. Earlier in accordance with paragraph 1 of Art. 17 of the Federal Law of August 8, 2001 N 128-ФЗ “On Licensing of Certain Types of Activities”, the activity on construction of buildings and structures of I and II levels of responsibility was subject to licensing in accordance with the state standard. Moreover, the levels of responsibility of buildings and structures were established in accordance with GOST 27751-88 “Reliability of building structures and foundations. Basic Provisions for Calculation ”, approved by Decree of the USSR Gosstroy of March 25, 1988 N 48 (as amended on December 21, 1993). According to the Rules of accounting for the degree of responsibility of buildings and structures in the design of structures approved by Decree of the Gosstroy of the USSR of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage that is possible when the structures reach ultimate conditions. The procedure for licensing construction activities is established by the Regulation on licensing activities for the construction of buildings and structures of I and II responsibility levels in accordance with the state standard approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174 (as amended by the Decree of the Government of the Russian Federation of October 3, 2002 . N 731).
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   SZ RF. 2002. N 12. Art. 1149, N 41. Art. 3983.

Federal Law of July 2, 2005 N 80-ФЗ amended the Law "On the Licensing of Certain Types of Activities", according to which the construction of buildings and structures is subject to licensing, with the exception of seasonal or auxiliary buildings. The list of works and services for these types of activities should be established by the provisions on the licensing of such activities.

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

However, the abolition of licensing for construction activities should be linked to the transition to other methods of state regulation of the relevant areas of economic activity:

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

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

In this regard, it is necessary to adopt the Federal Law on self-regulatory organizations, on the approval of relevant technical regulations, to make appropriate amendments to the Town Planning Code of the Russian Federation. At the moment, work on amending and adopting these federal laws has not been completed.

In this regard, on December 22, 2006, the State Duma adopted the Federal Law “On the recognition of the provisions of the legislative acts of the Russian Federation as invalid”, according to which the licensing period for the construction of buildings and structures was extended until July 1, 2007.

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

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

4 - 6. The commented article establishes the obligations of the builder (customer) and the person carrying out the construction (parts 4 - 6). In addition to the requirements established by this article, during construction, reconstruction, and overhaul, the person carrying out the construction must also comply with the requirements of other federal laws. For example, Art. 15 of the Federal Law of July 21, 1997 N 117-ФЗ “On the Safety of Hydrotechnical Structures” provides for compulsory insurance during the construction of a hydrotechnical construction of civil liability risks for obligations arising from harm to life, health of individuals, property of individuals and legal entities as a result accident hydraulic structures.
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   SZ RF. 1997. N 30. Art. 3589.

Part 5 of the article establishes a list of documents sent to the state construction supervision bodies at the beginning of construction, reconstruction, and overhaul works.

Federal Law of December 31, 2005 N 210-ФЗ “On Amendments to the Urban Planning Code of the Russian Federation” clarified that if a permit is issued for a particular stage of construction, reconstruction, it is necessary to submit not all design documentation to the state construction supervision body accordingly on the capital construction object, but only project documentation in the amount necessary for the implementation of the corresponding stage of construction.

Federal Law of December 18, 2006 N 232-ФЗ “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, the list of documents sent to the authorities authorized to carry out state construction supervision, is also supplemented by a positive conclusion of the state examination of design documentation in in case the project documentation of the capital construction facility is subject to state examination in accordance with Art. 49 ГРК of the Russian Federation.

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

A general journal of work is conducted during the construction (reconstruction) of individual or groups of the same type of simultaneously constructed buildings (structures) located within the same construction site. The general work journal is kept by the person responsible for the work at the facility (the responsible producer of work), and fills it in personally from the first day of work at the facility or assigns it to subordinate engineering and technical workers. Specialized construction and installation organizations keep special work logs that are kept by the responsible persons performing these works. At the end of the work, a special journal is handed over to the organization responsible for the work at the facility (general contractor). The general journal must be numbered, laced, framed by all signatures on the title page and sealed with the seal of the organization that issued it. If there is not enough space for recordings in the magazine, a new work journal is started with the following number, which is recorded on the title page. Upon delivery of the completed construction object to operation, general and special work logs are presented to the receiving organization (body) and after acceptance of the object are transferred for permanent storage to the customer (developer) or, on his behalf, to the operating organization or user. By permission of the architectural and construction supervision authority, a journal in the form of an electronic document is allowed. At the same time, reliable protection against unauthorized access, as well as identification of signatures of responsible officials should be provided.

7. Part 7 of the commented article stipulates that the deviation of the parameters of the capital construction object from the design documentation is allowed only on the basis of the design documentation newly approved by the developer or customer after making the appropriate changes in the manner established by the Government of the Russian Federation. Prior to the establishment of this procedure by the Government of the Russian Federation, when amendments are made to the design documentation, such documentation is sent for re-state examination, with the exception of cases when the design documentation is in accordance with Art. 49 of the Civil Code of the Russian Federation is not subject to state examination.

8. Part 8 of the commented article establishes the obligations of the person carrying out the construction in case of detection on the built-up land plot of objects possessing signs of cultural heritage objects. In addition, in this case, the person carrying out the construction is obliged to act in accordance with the requirements established by Art. 37 of the Federal Law of June 25, 2002 N 73-ФЗ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”. So, according to part 3 of this article, in the event that measures are taken to eliminate the danger of destruction of a discovered object that has the attributes of a cultural heritage object, suspended work can be resumed by written permission of the relevant cultural heritage protection authority, by the order of which the work was suspended.
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   SZ RF. 2002. N 26. Art. 2519.

Signs of the object of cultural heritage established by Art. 3 of the said Law. So, objects of cultural heritage include real estate with related works of painting, sculpture, decorative art, objects of science and technology and other objects of material culture that have arisen as a result of historical events, which are valuable in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, to authentic sources information about the origin and development of culture.

9. Part 9 of the commented article provides for the possibility of regulation by regulatory legal acts of the Russian Federation of the procedure and certain issues of construction, reconstruction, and overhaul.

Among such regulatory legal acts, it should be noted Order of the Ministry of Defense of Russia dated June 27, 1996 N 260 “On approval of the Guidelines for maintenance, repair and overhaul of buildings and facilities of the Ministry of Defense of the Russian Federation”, SNiP 12-03-2001 “Labor safety in construction Part 1. General requirements ”adopted by Resolution of the Gosstroy of Russia of July 23, 2001 N 80, SNiP 12-04-2002“ Labor safety in construction. Part 2. Construction production ”(approved by the Decree of the Gosstroy of Russia of September 17, 2002 N 123), GOST R 52059-2003“ Household services. Services for the repair and construction of housing and other buildings. General technical conditions "(adopted by the Decree of the State Standard of Russia of May 28, 2003 N 162-st), SNiP 1.04.03-85" Norms of the duration of construction and affected the construction of enterprises, buildings and structures "(as amended from 1991) , Departmental building codes VSN 58-88 (p) "Regulation on the organization and conduct of reconstruction, repair and maintenance   buildings, objects of capital socio-cultural purpose ", approved. By order of the State Committee for Architecture of Russia under the Gosstroy of the USSR of November 23, 1988 N 312, GOST R ISO 9000-2001 “Quality Management Systems. Basic Provisions and Dictionary ”, adopted by the Decree of the State Standard of Russia of August 15, 2001 N 332-st (as amended and additional from July 7, 2003), etc.
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   Bulletin of regulatory acts of federal executive bodies. 2001. N 38.

WG. 2002.30 Oct

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

Stroyizdat. M., 1990.

M .: IPK "Publishing house of standards", 2003.

It should be specially noted that from January 1, 2005, the approved by the Gosstroy of Russia dated April 19, 2004 N 70 SNiP 12-01-2004 "Organization of Construction" are in force. The specified document is of a recommendatory nature and establishes for voluntary application the general rules for construction, reconstruction, quality control procedures for construction and reconstruction, and assessment of compliance of completed construction projects with the requirements of project documentation and contract terms. The indicated SNiP also establish recommendations on the preparation of the land plot, equipment of the construction site, and other preparatory steps for construction, reconstruction, and overhaul.
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   Rationing in construction and housing and communal services. 2004. N 3.

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