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

Polishchuk Vadim Igorevich,

Project manager

Overhaul and renovation: Many people misunderstand these terms as synonyms. In fact, this is not the case. There is a significant difference between renovation and overhaul of any structure. What it is - will be explained in this material.

The definition of the concepts of overhaul and reconstruction is in chapter 1 of the RF Urban Planning Code.

Overhaul of capital construction objects (except for 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 provision of capital construction objects or their elements, as well as replacement of individual elements of load-bearing building structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements (clause 14.2 was introduced by Federal Law No. 215-FZ of 18.07.2011).

Overhaul of linear objects - a change in the parameters of linear objects or their sections (parts), which does not entail a change in the class, category and (or) initially established indicators of the functioning of such objects and in which there is no need to change the boundaries of right-of-way and (or) security zones such objects (clause 14.3 was introduced by the Federal Law of 18.07.2011 N 215-FZ).

Based on the definition, it can be seen that during the overhaul (with the exception of linear objects), 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, load-bearing walls, frames, roofs and roofs for more durable, economical and maintainable materials. At the same time, the building can be modernized: improving the layout by dismantling old non-bearing partitions and erecting new ones, re-equipping old engineering networks with new and modern ones.

The situation is similar 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 cast iron pipes with polypropylene ones, aluminum cables with copper ones, etc.
Further about the reconstruction. Reconstruction of capital construction objects (excluding linear objects) - changing the parameters of a capital construction object, its parts (height, number of floors, area, volume), including superstructure, reconstruction, expansion of a capital construction object, as well as replacement and (or) restoration bearing building structures of a capital construction object, with the exception of replacing individual elements of such structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements (clause 14 was introduced by Federal Law No. 337-FZ of 28.11.2011).

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) originally established indicators of the functioning of such objects (capacity, carrying capacity, etc.) or in which it is required to change the boundaries of the right-of-way and ( or) security zones of such objects (clause 14.1 was introduced by the Federal Law of 18.07.2011 N 215-FZ).

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

For example, during the reconstruction of a highway, the category of roads, the width of the carriageway, change, if these are external engineering networks, then their capacity and length change. During the reconstruction of capital construction facilities, it is necessary not only to eliminate the accumulated physical and obsolescence, but also bring the object to comply with all applicable rules and regulations.

Most of the buildings being renovated do not comply with all applicable standards, and this is understandable, because often the age of the building is calculated in decades, and the standards change almost every year.

Therefore, during major repairs, some deviation from the current standards is allowed. For example, a decision was made to renovate the roof of a 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. Russian Federation(article 257 part). Reconstruction includes the reorganization of existing fixed assets, associated with the improvement of production and an increase in its technical and economic indicators and carried out under the project for the reconstruction of fixed assets in order to increase production capacity, improve quality and change the product range.

Obviously, the definitions of the term "Reconstruction" given by the Tax and Urban Development Codes differ significantly. The question arises: which of the definitions should be followed, or does one complement the other? Then it turns out that rebuilding is a reconstruction?

To understand this issue, let us turn to the next regulatory documents. According to article 25 of the Housing Code, the conversion of a dwelling is the installation, replacement or relocation of utilities, sanitary, electrical or other equipment, requiring changes to the technical passport of the 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 support systems and engineering support networks”. There is no definition 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 dot all the “i” s. 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 the civil, family and other branches of the legislation of the Russian Federation, used in the Tax Code of the Russian Federation, are used in the meaning in which they are used in these industries. legislation, unless otherwise provided by the Tax Code of the Russian Federation.

Thus, if products are produced in a building (in other words, if the building in question is for industrial purposes) and this product is 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 a more advanced one, which will be able to manufacture new products or will increase the volume or improve the quality of products. If it is planned to replace the old, morally and physically obsolete equipment with new, modern, then this will be a technical re-equipment; At the same time, it is allowed to change the production technology, but an increase in production capacity is not allowed and there is no talk about the quantity and quality of products.

Let's summarize.
It is quite difficult for an ordinary layman to understand the terminology of legislative documents, and those who were able to understand the overall difference between a major overhaul and reconstruction of a building wonders why delve into such subtleties.

The thing is that the type of construction affects the commissioning time and - most importantly! - on the cost of construction, which, by the way, includes preparation required documents, and the cost of providing legal and other services.

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

The difference between a major overhaul and reconstruction is well understood by 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, controversial 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 somehow understandable to every person, but when carrying out any legally significant 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 how to solve legal problems. Your case is different.

Reconstruction and its essence are considered by a regulatory act called the Urban 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 is 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 procedure for planning, building and improving local settlements, as well as the procedure for forming their infrastructure;
• the basics of the rational use of resources that are important to humans ( Natural resources, objects of historical and cultural heritage, etc.);
• the general essence and principles of legal relations between citizens, organizations and other subjects of law regarding the development and use of land heritage;
• the basic concept of the building complex of the Russian Federation.

The 1st article of the GSK contains 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 we are considering, 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, structure, etc.), which entails its significant modification or altogether a change in the class of a building object. "

In simple words, reconstruction of a building means making any significant changes to its structure or concept. That is, adding a balcony to an apartment is a reconstruction, but gluing wallpaper in it is not. It is possible to more precisely determine whether the changes you are making to a building object will be reconstruction or not by a deeper study of the State Building Code of the Russian Federation. This legislative act considers this concept literally for each type construction sites, amenable to reconstruction.

About reconstruction - in the video:

What types of reconstruction are allocated by the legislator

Having considered in the previous paragraph of the article general concept reconstruction by the legislator, you can proceed to a more detailed consideration of this definition. Directly in the GSK RF there are several types of reconstruction and their essence:

• Basic reconstruction of capital construction objects (buildings that, in fact, have not yet been completed and cannot be put into operation). It represents a change in its individual parts, carrying out superstructures, rebuilding, expanding a building, replacing or restoring its supporting structures and similar actions carried out on a given object and changing its previously existing structural concept.
• Reconstruction of linear construction objects (buildings, the length of which is several times greater than the width: pipelines, engineering networks, etc.). It is the performance of any actions on an object that entail a change in its class, category and other previously established indicators of its operation.
• Reconstruction of dwellings, buildings and similar objects, which represents any significant change to their original design.

Reconstruction and overhaul are different concepts

It should be noted that according to the legislation, this is not a reconstruction. It will be considered as such if for its implementation it is necessary to make changes in the structure of the structure, regulated by the State Civil Code of the Russian Federation and falling under the concept of "reconstruction".

The most relevant area of ​​consideration 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, does not have any specific features and is defined as follows:

• Reconstruction of a building is a complex of construction work 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 ​​individual apartments, reorganization of supply networks, re-equipment of power grids, etc.).
• Reconstruction of a dwelling is any action aimed at improving its space-planning solutions or architectural characteristics (expanding the area of ​​the premises, supporting structures, etc.).

In addition to the definitions presented above, reconstruction is not considered in the GSK RF. Certain types of this concept are clearly defined by law and are publicly available for understanding by any citizen of our country.

To what extent is the concept of "reconstruction" in demand in Russian law?

Renovation and renovation are not the same

Now that the concept of "reconstruction" has been studied up and down, one may ask the question - "Is it necessary to clearly distinguish it, for example, with the usual?" Defined, yes. Why? Let's figure it out. So, first of all, we note that reconstruction definitions are in great demand today both for citizens and for the state.

This is due to the fact that cadastral records of all construction projects are kept on the territory of Russia. It is in it that the authorized 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 must always be up-to-date.

As a result, the reconstruction of any construction site requires additional registration and submission of data on its implementation to the authorized state organizations. Those who ignore such procedures are obliged to bear some responsibility before the law.

In addition to 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. It is simply necessary to know the essence of the definition, otherwise it will be very difficult to understand the legislative aspects of some legal relations.

In general, reconstruction is not a difficult concept. You can consider it without any special problems if you refer to the Urban Planning Code of the Russian Federation or the material presented above. We hope this article was helpful to you. Good luck in defending your rights and analyzing legislative concepts!

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

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

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

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

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

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

3) legal entities created by public legal entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude construction contracts in the established areas of activity (in the areas for the purpose of carrying out activities in which such legal entities are created ), as well as commercial organizations, in the authorized (share) capital of which the share of these legal entities is more than fifty percent, if such commercial organizations conclude construction contracts with these legal entities or if such commercial organizations perform the functions of a technical customer on behalf of these legal entities persons;

4) legal entities in whose authorized (pooled) capital the share of public law entities is more than fifty percent, in the event that these legal entities conclude construction contracts with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies, in the established spheres of activity of which these legal entities carry out statutory activities, or in the event that these legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local government bodies, as well as commercial organizations, in authorized (pooled) capital of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude construction contracts with the indicated federal executive bodies, state authorities of the constituent entities of the Russian Federation, local self-government bodies, legal entities, or in the event that such commercial organizations perform the functions of a technical customer on behalf of the said federal executive authorities, state authorities of the constituent entities of the Russian Federation, local self-government bodies, legal entities;

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

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

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

3.2. In the event that 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 facilities (unless otherwise provided by this article) may be involved by the developer or technical customer on the basis of a construction contract. a contract for the implementation of individual stages of construction, reconstruction of a capital construction facility.

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

5. In the event that, in accordance with this Code, when carrying out construction, reconstruction of a capital construction object, state construction supervision is provided, the developer or technical customer in advance, but not later than seven working days before the start of construction, the reconstruction of the capital construction object must be sent to the authorized for the implementation of state construction supervision, a federal executive body, an executive body of a constituent entity of the Russian Federation or an authorized organization carrying out public administration the use of atomic energy and state administration in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power plants for military purposes, (hereinafter also referred to as state construction supervision bodies) a notice of the beginning of such work, to which the following documents are attached:

1) a copy of the building permit;

2) project documentation in full, and in cases of issuing a permit for a separate stage of construction, reconstruction to the extent necessary for the implementation of the corresponding stage of construction;

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

4) general and special journals, which keep records of the work performed;

5) a positive conclusion of the examination of project documentation in the event that the project documentation of a capital construction object is subject to examination in accordance with Article 49 of this Code.

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

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

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

8. In case of discovery of an object with signs of a cultural heritage object during construction, reconstruction, overhaul, the person carrying out the construction must suspend the construction, reconstruction, overhaul, notify the bodies provided for by the legislation of the Russian Federation on cultural heritage objects about the discovery of such an object. ...

9. Preparation requirements land plots for construction and a capital construction facility for reconstruction, overhaul, the composition and procedure for maintaining as-built documentation, the form and procedure for maintaining general and special journals, which keep records of work performance, the procedure for construction, reconstruction, overhaul, the procedure for mothballing a capital construction facility may be established by the regulatory legal acts of the Russian Federation.

Commentary on Art. 52 Civil Code of the Russian Federation

1. The introduction of such a norm is also a novelty of town planning legislation. Another important point is the consolidation of the provision that the construction, reconstruction of capital construction facilities, overhaul of such facilities are regulated at the federal level. Prior to this, the possibility of adopting territorial and regional building codes was envisaged.

Construction, reconstruction, overhaul of capital construction objects, except for the cases provided for by the Civil Code of the Russian Federation, must be carried out exclusively on the basis of a construction permit and in compliance with technical regulations (before 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 to be an unauthorized building.

2 - 3. Parts 2 and 3 of the article establish the circle of persons who can carry out construction. Such persons can be both the developer himself and the individual or legal entity attracted by him (or his authorized person - the customer) on a contractual basis. At the same time, these persons can carry out construction only if they comply with the requirements of the legislation of the Russian Federation for 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 a license. Moreover, this requirement has undergone significant changes. Earlier, in accordance with paragraph 1 of Art. 17 Federal law of August 8, 2001 N 128-FZ "On licensing of certain types of activities", the activity on the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard was subject to licensing. At the same time, 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 the calculation ", approved by the Resolution of the USSR State Construction Committee of March 25, 1988 N 48 (as amended on December 21, 1993). According to the Rules for taking into account the degree of responsibility of buildings and structures in the design of structures, approved by the Resolution of the USSR State Construction Committee 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 may occur when structures reach their limit states. The procedure for licensing construction activities is established by the Regulation on licensing the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard approved by the Government of the Russian Federation of March 21, 2002 N 174 (as amended by the Resolution of the Government of the Russian Federation of October 3, 2002 . N 731).
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SZ RF. 2002. N 12. Art. 1149, No. 41. Art. 3983.

Federal Law No. 80-FZ of July 2, 2005 amended the Law "On Licensing Certain Types of Activities", according to which the construction of buildings and structures is subject to licensing, with the exception of seasonal or auxiliary structures. The list of works and services for these types of activities should be established by the provisions on licensing such types of activities.

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

At the same time, the abolition of licensing of construction activities should be linked to the transition to other methods of state regulation of the relevant areas. economic activity:

- the development of self-regulation through the creation of self-regulatory organizations in the relevant field of activity and endowing them with the appropriate powers to control the proper quality of construction work;

- the 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 the relevant technical regulations, and to make appropriate amendments to the Urban Planning Code of the Russian Federation. At the moment, the work on amendments and adoption of the indicated Federal laws has not been completed.

In this regard, December 22, 2006 The State Duma the Federal Law "On Recognizing Certain Provisions of Legislative Acts of the Russian Federation" invalidated, according to which the term for licensing 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 (his authorized person - the customer) on a contractual basis, then the relationship between the developer (customer) and the person involved on a contractual basis is governed by civil law. This can be a construction contract, an investment contract, etc. In addition, specialized organizations can be attracted by the developer (customer) to perform certain 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 on February 24, 1999 approved the Model Professional Code of Civil Engineers MDS 12-6.2000, which defines the ethical foundations and fundamental rules professional activity carried out by relevant specialists in investment and construction activities on the territory of 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 performance of professional functions and obligations of specialists to society, the state, the customer and colleagues. The provisions of the Code are a voluntary commitment of each specialist to society, their profession and colleagues.
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Gosstroy RF. M., 1999.

4 - 6. The commented article establishes the obligations of the developer (customer) and the person carrying out the construction (parts 4 - 6). In addition to the requirements established by this article, during construction, reconstruction, 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-FZ "On the safety of hydraulic structures" provides for compulsory insurance during the construction of a hydraulic structure of civil liability risks for obligations arising from harm to the life, health of individuals, property of individuals and legal entities as a result accident of a hydraulic structure.
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SZ RF. 1997. N 30. Art. 3589.

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

Federal Law of December 31, 2005 N 210-FZ "On Amendments to the Urban Planning Code of the Russian Federation" made a clarification that in the case of issuing a permit for a separate stage of construction, reconstruction, it is required to submit, accordingly, not all project documentation to the state construction supervision body for a capital construction object, but only design documentation in the amount necessary for the implementation of the corresponding stage of construction.

Federal Law of December 18, 2006 N 232-FZ "On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" if the project documentation of a capital construction object is subject to state examination in accordance with Art. 49 Civil Code of the Russian Federation.

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

A general work log is kept during the construction (reconstruction) of individual or a group of similar buildings (structures) under construction at the same time, located within the same construction site... The general work log is kept by the person responsible for the performance of work at the facility (the responsible manufacturer of the work), and fills it in from the first day of work at the facility personally or assigns to subordinate engineering and technical workers. Specialized construction and installation organizations keep special work logs, which are kept by the responsible persons performing these works. At the end of the work, a special journal is transferred to the organization responsible for the production of work at the facility (general contractor). The general magazine should be numbered, laced, executed with all signatures on the title page and sealed by the organization that issued it. If there is not enough space for entries in the journal, a new work journal with the next number is started, about which an entry is made on the title page. When the completed construction of an object is put into operation, general and special work logs are presented to the receiving organization (authority) 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. With the permission of the architectural and construction supervision authority, it is allowed to keep a journal in the form of an electronic document. At the same time, reliable protection against unauthorized access must be provided, as well as the identification of signatures of responsible officials.

7. Part 7 of the commented article provides that the deviation of the parameters of the capital construction object from the design documentation is allowed only on the basis of the project documentation newly approved by the developer or customer after making the appropriate changes in it in the manner established by the Government of the Russian Federation. Before establishing the specified order The Government of the Russian Federation, when making changes to the project documentation, such documentation is sent for a repeated state examination, except for cases when the project documentation 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 the event that objects with the characteristics of cultural heritage are found on the land being built up. 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-FZ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation." So, according to part 3 of this article, if measures are taken to eliminate the danger of destruction of a discovered object that has signs of a cultural heritage object, the suspended work can be resumed with the written permission of the relevant body for the protection of cultural heritage objects, on whose instructions the work was suspended.
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SZ RF. 2002. N 26. Art. 2519.

The signs of a cultural heritage object are established by Art. 3 of the specified Law. So, objects of cultural heritage include real estate objects with associated works of painting, sculpture, decorative and applied art, objects of science and technology and other items of material culture that arose as a result of historical events that are valuable from the point of view of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, true sources of information about the origin and development of culture.

9. Part 9 of the commented article provides for the possibility of regulating the order and individual issues of construction, reconstruction, overhaul by the regulatory legal acts of the Russian Federation.

Among such regulatory legal acts, it should be noted the Order of the Ministry of Defense of Russia of June 27, 1996 N 260 "On approval of the Manual for maintenance, current and major repairs 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 the 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 Resolution of the Gosstroy of Russia dated 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 Resolution of the Gosstandart of Russia dated May 28, 2003 N 162-st), SNiP 1.04.03-85" Standards for the duration of construction and groundwork in the construction of enterprises, buildings and structures "(as amended from 1991) , Departmental building codes VSN 58-88 (r) "Regulations on the organization and implementation of reconstruction, repair and Maintenance buildings, capital social and cultural facilities ", approved. By order of the State Committee for Architecture of Russia under the USSR State Construction Committee of November 23, 1988 N 312, GOST R ISO 9000-2001 “Quality management systems. Basic Provisions and Dictionary ", adopted by the Resolution of the Gosstandart of Russia dated August 15, 2001 N 332-st (as amended and supplemented from July 7, 2003) and others.
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Bulletin of Normative Acts of Federal Executive Bodies. 2001. N 38.

RG. 2002.30 oct.

It is mandatory in terms of the requirements of Art. 46 of the Federal Law of December 27, 2002 N 184-FZ "On technical regulation".

Stroyizdat. M., 1990.

M .: IPK "Standards Publishing House", 2003.

It should be especially noted that since January 1, 2005, approved by the Resolution of the Gosstroy of Russia dated April 19, 2004 N 70 SNiP 12-01-2004 "Organization of construction" are in force. The specified document is advisory in nature and establishes for voluntary application general rules construction, reconstruction, construction and reconstruction quality control procedures and conformity assessment of completed construction real estate to the requirements of project documentation and contract terms. These SNiPs also establish recommendations for the preparation of a land plot, equipping the construction site, and other preparatory actions for construction, reconstruction, overhaul.
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Rationing in construction and housing and communal services. 2004. N 3.

In addition, it should be noted that in order to ensure the required reliability and safety of construction facilities, it is necessary to use appropriate high-quality construction materials. The rules for confirming the suitability of new materials, products, structures and technologies for use in construction were 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, which is issued taking into account the mandatory requirements of construction, sanitary, fire, industrial, environmental, as well as other safety standards approved in accordance with current legislation. For the use of new products in construction without a technical certificate, the guilty persons are brought to responsibility established by the legislation of the Russian Federation.
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SZ RF. 1998. N 1. Art. 138.