MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

ORDER

On the procedure for developing and approving special
technical conditions for development project documentation to the object
capital construction

N 454, changes have been made to the preamble of this order, which come into force 10 days after the official publication of the said order

In accordance with Part 8 of Article 6 of the Federal Law of December 30, 2009 N 384-FZ "Technical Regulations for the Safety of Buildings and Structures" (Collection of Legislation of the Russian Federation, 2010, N 1, Art. 5) and paragraph 5 of the Regulations on the composition of sections of the design documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 N 87 “On the composition of sections of project documentation and requirements for their content” (Collected Legislation of the Russian Federation, 2008, N 8, Art. 744; 2009, N 21, Art. 2576; 2009, No. 52, Art. 6574; 2010, No. 16, Art. 1920), I order:

1. Approve the attached Procedure for the development and approval of special technical conditions for the development of design documentation for capital construction projects.

By Order of the Ministry of Regional Development of Russia dated October 21, 2010 N 454, paragraph 2 of this order is set out in new edition, which comes into force 10 days after the day of official publication of the said order

2. Entrust control over the implementation of this order to the Deputy Minister regional development Russian Federation V.A. Tokarev.

Minister D.N. Kozak

Application

to the order of the Minister

regional development

Russian Federation

Order
development and approval of special technical conditions for the development of design documentation for a capital construction project

I. General provisions

1. This “Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project” establishes General requirements to the development and approval of special technical conditions (hereinafter referred to as STU), if for the development of design documentation for the facility capital construction(hereinafter referred to as the object) there are insufficient requirements for reliability and safety established by regulatory technical documents, or such requirements are not established.

2. STUs are technical standards containing (in relation to a specific capital construction project) additional to the established ones or missing technical requirements in the field of safety, reflecting the features engineering surveys, design, construction, operation, as well as dismantling (demolition) of the facility.

3. Depending on the degree of provision of the facility planned for construction with current regulatory provisions, according to the decision of the customer (investor), three types of STU can be developed:

standards containing technical requirements for the design, construction and operation of facilities specified in Article 48" of the Town Planning Code of the Russian Federation (Collection of Legislation of the Russian Federation, 01/03/2005, No. 1 (Part 1), Article 16), cultural heritage sites (historical monuments and culture), as well as other objects for the design of which the requirements for reliability and safety established by regulatory technical documents are insufficient;

standards containing technical requirements for ensuring seismic safety during the design, construction and operation of facilities at sites with seismicity of more than 9 points for all types of facilities;

standards containing technical requirements for the design and construction of facilities in terms of ensuring fire safety.

II. The procedure for developing special technical conditions and requirements for their content

4. The development of STU is carried out in accordance with the technical specifications of the customer (investor) by a design organization, research or other organization with scientific and technical potential and practical experience in the relevant field.

5. The terms of reference should contain a brief justification for the need to develop STUs, data on the level of responsibility of the facilities in accordance with current building codes, as well as other requirements necessary for the development of STUs, including requirements related to fire and seismic safety.

6. The development of STU should be preceded by the determination of fundamental technical solutions for the facility (including space-planning and design solutions, materials and products used), as well as an analysis of the existing regulatory framework in relation to a specific object, which serves as the basis for the development of missing regulations or the development of missing standards in certain areas. Fundamental technical solutions can be determined in relation to the object as a whole, its parts or individual types of structures or engineering systems.

7. The STU must contain the following data:

a detailed justification for the need to develop STUs and the missing regulatory requirements for this specific facility, set out in accordance with the structure of the current technical standards in this area;

a list of forced deviations from the requirements of current technical regulatory documents, containing the rationale for their necessity and measures to compensate for these deviations.

In addition, the STU must contain:

foundation for construction;

data including the name and location of the facility and construction conditions;

information about the investor (customer), general design organization and the developer of STU;

description of the object as a whole and its most important elements, outlining space-planning and design solutions with an application of an organization diagram land plot and drawings of architectural and planning solutions.

8. It is allowed to include into the STU provisions containing deviations from current standards, subject to justification of the need

such deviations and the development of normative provisions within the STU that compensate for these deviations.

Similarly, additional requirements must be justified in comparison with the requirements established in the current technical regulatory documents.

9. The structure of the STU is determined at the drafting stage terms of reference for their development and, as a rule, must comply with the structure of existing technical standards in this area.

Additional requirements of each section (subsection) of the STU must be related to a specific regulatory document or its section. The specific composition of sections and their content is determined by the developer of the STU in accordance with the requirements of the technical specifications.

10. Certain provisions contained in regulatory documents foreign countries, may be included in the STU provided they comply with the legislation of the Russian Federation.

11. The STU does not include provisions contained in current technical regulatory documents, including calculation formulas in a different structure. The designations and units of quantities used in the STU must correspond to the designations and units adopted in the building codes and regulations, state standards Russian Federation and national standards.

12. The technical requirements as part of the STU must be specific and allow for control in the prescribed manner.

III. The procedure for agreeing on special technical conditions

By Order of the Ministry of Regional Development of Russia dated October 21, 2010 N 454, paragraph 13 of this appendix is stated in a new wording, which comes into force 10 days after the official publication of the said order

13. The approval of the STU is carried out by the Ministry of Regional Development of the Russian Federation (hereinafter referred to as the Ministry of Regional Development of Russia).

To review STUs and prepare recommendations for approval or refusal to approve STUs, a Normative and Technical Council of the Ministry of Regional Development of Russia (hereinafter referred to as the Council) is created. The recommendations of the Council are formalized by the conclusion of the Council (hereinafter referred to as the Conclusion).

14. To consider the issue of approving the STU, the construction customer submits the following documents to the Ministry of Regional Development of Russia (hereinafter referred to as Documentation):

a free-form application from the construction customer addressed to the Minister of Regional Development of the Russian Federation regarding the consideration of STU, signed by the head or person performing his duties and certified by the seal of the organization 1;

explanatory note containing information on the need to develop STUs, adopted design technical solutions, compensating measures (in the event of decisions to deviate from current technical standards), a description of regulations containing new technical requirements (in the event of the development of new requirements), information on ensuring the safety of the facility, as well as, if necessary, information on the coordination of technical specifications with interested federal authorities executive authorities. STUs containing technical requirements for the design and construction of facilities in terms of ensuring fire safety are submitted if there is a positive conclusion from the Ministry of Emergency Situations of Russia;

draft STU in two copies, signed officials developer;

a copy of the technical specifications for the development of STU, certified by the head of the construction customer or the person performing his duties.

1 In case the application is submitted by a legal entity.

Documentation submitted by the construction customer cannot be returned, except in cases established by this Procedure.

15. The decision to approve the STU or to refuse to approve the STU is made by the Minister or a person authorized by him by order within a month from the date of receipt of the Documentation by the Ministry of Regional Development of Russia.

In some cases, by decision of the Minister, the period for reviewing Documentation and making relevant decisions may be extended to 3 months.

In case of refusal to approve the STU, the decision shall indicate the justified reasons that served as the basis for the refusal.

16. If the Documentation is submitted to the Ministry of Regional Development of Russia in violation of the list, established by paragraph 14 of this Procedure, it is returned to the construction customer without consideration on its merits within ten calendar days from the date of submission of the Documentation to the Ministry of Regional Development of Russia.

By Order of the Ministry of Regional Development of Russia dated October 21, 2010 N 454, paragraph 17 of this appendix is stated in a new wording, which comes into force 10 days after the official publication of the said order

17. Review of the submitted Documentation includes:

studying the composition of the documents and materials submitted by the Department;

review (scientific and technical examination) of documents and materials by the Council.

18. Excluded.

19. Organizations or specialists who participated in the development of project documentation, their affiliates, as well as organizations for conducting state examination and government experts working in such organizations cannot be involved in conducting scientific and technical examination

By Order of the Ministry of Regional Development of Russia dated October 21, 2010 N 454, changes were made to paragraph 20 of this appendix, which come into force 10 days after the official publication of the said order

20. The conclusion, agreed upon with the supervising Deputy Minister of Regional Development of the Russian Federation, is presented

The Minister or a person authorized by order of the Minister to make decisions specified in paragraph 15 of this Procedure.

21. Based on the results of consideration of the submitted Conclusion, the Minister or a person authorized by order of the Minister makes a decision to approve the STU or to refuse to approve the STU.

The said decision is formalized by approving the submitted Conclusion, which is assigned a corresponding serial number in chronological order.

By Order of the Ministry of Regional Development of Russia dated October 21, 2010 N 454, paragraph 22 of this appendix is stated in a new wording, which comes into force 10 days after the official publication of the said order

22. Approval of the STU is formalized by affixing title page two copies of the STU with the approving signature of the Minister or his authorized person, as well as by affixing on each sheet two copies of the STU with the endorsement signature of an authorized employee of the Department.

23. ABOUT the decision taken the construction customer is notified by the Ministry of Regional Development of Russia within three working days from the date of the decision by sending an appropriate written notice. The notification may be signed by the Minister, the supervising Deputy Minister, the Director of the Department or persons performing their duties on the basis of the order.

If the STU is agreed upon, a copy of the STU, drawn up in accordance with the requirements of paragraph 22 of this Procedure, is attached to the notification.

In case of refusal to approve the STU, the following is attached to the notification:

copy of the Conclusion;

one copy of STU.

24. After eliminating the reasons that served as the basis for refusal to approve the STU, the Documentation may be resubmitted for approval in the general manner.

25. If there is a need to make changes to previously agreed STUs, the construction customer submits the relevant Documentation to the Ministry of Regional Development of Russia in accordance with the general procedure.

At the same time, in the case of approval of newly amended STUs, the previously agreed STUs lose force from the date of the decision to approve new STUs, which is reflected in the corresponding Conclusion.

26. Agreed STUs are subject to archival storage and recording in the appropriate register. To the register in mandatory includes information about:

construction customer (name, legal form, location, Bank details, information about the manager (last name, first name, patronymic, telephone);

name of STU;

date and number of the Conclusion on approval of STU;

changes in STU;

other information necessary to ensure proper accounting of technical specifications.

The said register is maintained by the Department.

27. The construction customer has the right to withdraw his application at any time during the consideration of the Documentation by sending an appropriate written notification to the Ministry of Regional Development of Russia. In this case, consideration of the Documentation on its merits is terminated, and a corresponding conclusion is drawn up, subject to approval by the Minister or his authorized person.

Order No. 36 of 04/01/2008
Ministry of Regional Development of the Russian Federation

In accordance with paragraph 5 of the Regulations on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 No. 87 “On the composition of sections of project documentation and requirements for their content” (Collection of Legislation of the Russian Federation, 2008, No. 8, Art. 744), I order:

1. Approve the attached Procedure for the development and approval of special technical conditions for the development of design documentation for capital construction projects.

2. Control over the implementation of this Order shall be entrusted to the Deputy Minister of Regional Development of the Russian Federation, SI. Kruglika.

Minister D.N. Kozak

Application

to the order of the Minister

regional development

Russian Federation

dated April 1, 2008 No. 36

The procedure for developing and agreeing on special technical conditions for the development of design documentation for a capital construction project

I. General provisions

1. This Procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project establishes general requirements for the development and approval of special technical conditions (hereinafter - STU), if for the development of design documentation for a capital construction project (hereinafter - the object) the requirements for reliability and safety established by regulatory technical documents are insufficient, or such requirements are not established.

2. STU are technical standards containing (in relation to a specific capital construction project) additional to the established or missing technical requirements in the field of safety, reflecting the features of engineering surveys, design, construction, operation, as well as dismantling (demolition) of the facility.

3. Depending on the degree of provision of the facility planned for construction with current regulatory provisions, by decision of the customer (investor), three types of STU can be developed: standards containing technical requirements for the design, construction and operation of facilities specified in Article 48" of the Town Planning Code of the Russian Federation ( Collection of legislation of the Russian Federation, 01/03/2005, N 1 (part 1), article 16), objects cultural heritage(historical and cultural monuments), as well as other objects for the design of which the requirements for reliability and safety established by regulatory technical documents are insufficient; standards containing technical requirements for ensuring seismic safety during the design, construction and operation of facilities at sites with seismicity of more than 9 points for all types of facilities; standards containing technical requirements for the design and construction of facilities in terms of ensuring fire safety.

II. The procedure for developing special technical conditions and requirements for their content

5. The terms of reference should contain a brief justification for the need to develop STUs, data on the level of responsibility of objects in accordance with current building codes, as well as other requirements necessary for the development of STUs, including requirements related to fire and seismic safety.

6. The development of STU should be preceded by the determination of the fundamental technical solutions of the facility (including space-planning and design solutions, materials and products used), as well as an analysis of the existing regulatory framework in relation to a specific facility, which serves as the basis for the development of missing regulatory provisions or the development of missing ones standards in certain areas. Fundamental technical solutions can be determined in relation to the object as a whole, its parts or individual types of structures or engineering systems.

7. The STU must contain the following data:

A detailed justification for the need to develop STUs and the missing regulatory requirements for this specific facility, set out in accordance with the structure of the current technical standards in this area;

A list of forced deviations from the requirements of current technical regulatory documents, containing the rationale for their necessity and measures to compensate for these deviations.

In addition, the STU must contain:

Foundation for construction;

Data including the name and location of the facility and construction conditions;

Information about the investor (customer), general design organization and STU developer;

Description of the object as a whole and its most important elements, outlining space-planning and design solutions, with the attachment of a diagram of the organization of the land plot and drawings of architectural and planning solutions.

8. It is allowed to include provisions in the STU that contain deviations from current standards, provided that the need for such deviations is justified and that normative provisions are developed within the STU that compensate for these deviations.

Similarly, additional requirements must be justified in comparison with the requirements established in the current technical regulatory documents.

9. The structure of STUs is determined at the stage of drawing up technical specifications for their development and, as a rule, must correspond to the structure of current technical standards in this area.

10. Certain provisions contained in regulatory documents of foreign countries may be included in the STU, provided they comply with the legislation of the Russian Federation.

11. The STU does not include provisions contained in current technical regulatory documents, including calculation formulas in a different structure. The designations and units of quantities used in the STU must correspond to the designations and units adopted in building codes and regulations, state standards of the Russian Federation and national standards.

12. Technical requirements as part of the STU must be specific and allow for the possibility of control in the prescribed manner.

III. The procedure for agreeing on special technical conditions

13. The approval of the STU is carried out by the Ministry of Regional Development of the Russian Federation (hereinafter referred to as the Ministry of Regional Development of Russia). Work on the approval of STUs, as well as the preparation of documents provided for by this Procedure, is carried out by the Department, determined by order of the Minister of Regional Development of the Russian Federation (hereinafter referred to as the Department).

14. To consider the issue of approving the STU, the construction customer submits the following documents to the Ministry of Regional Development of Russia (hereinafter referred to as Documentation):

A free-form application from the construction customer addressed to the Minister of Regional Development of the Russian Federation for consideration of the STU, signed by the head or the person performing his duties and certified by the seal of the organization;

An explanatory note containing information about the need to develop STU, adopted design technical solutions, compensatory measures (in case of decisions to deviate from current technical standards);

Description of regulations containing new technical requirements (in case of development of new requirements), information on ensuring the safety of the facility, as well as, if necessary, information on the coordination of technical specifications with interested parties federal authorities executive power. STUs containing technical requirements for the design and construction of facilities in terms of ensuring fire safety are submitted if there is a positive conclusion from the Ministry of Emergency Situations of Russia;

The STU draft in two copies, signed by the developer’s officials;

A copy of the technical specifications for the development of technical specifications, certified by the head of the construction customer or the person performing his duties.

Documentation submitted by the construction customer cannot be returned, except in cases established by this Procedure.

In some cases, by decision of the Minister, the period for reviewing Documentation and making relevant decisions may be extended to 3 months. In case of refusal to approve the STU, the decision shall indicate the justified reasons that served as the basis for the refusal.

16. If the Documentation is submitted to the Ministry of Regional Development of Russia in violation of the list established by paragraph 14 of this Procedure, it is returned to the construction customer without consideration on its merits within ten calendar days from the date of submission of the Documentation to the Ministry of Regional Development of Russia.

17. Review of the submitted Documentation includes:

Studying the composition of the submitted documents and materials;

Conducting scientific and technical examination of STU;

Preparation of the conclusion of the Ministry of Regional Development of Russia based on the results of consideration of the Documentation (hereinafter referred to as the Conclusion);

Making a decision on approval or refusal to approve STU.

18. The Department may involve relevant experts to review the Documentation and prepare the Conclusion.

19. The organization or specialists who participated in the development of project documentation, their affiliates, as well as organizations for conducting state examination and government experts working in such organizations

20. Based on the results of consideration of the Documentation, the Department prepares a Conclusion on approval (or refusal to approve) the STU.

The said Conclusion, agreed upon with the supervising Deputy Minister of Regional Development of the Russian Federation, is presented to the Minister or a person authorized by order of the Minister to make decisions specified in paragraph 15 of this Procedure.

The said decision is formalized by approving the submitted Conclusion, which is assigned a corresponding serial number in chronological order.

22. If accepted positive decision, approval of the STU is formalized by affixing the approving signature of the Minister or a person authorized by order on the title page of the STU, as well as affixing the approving signature of the Director of the Department on each sheet of the STU (in two copies).

After approval of the technical specifications, they are subject to approval by the customer.

The notification may be signed by the Minister, the supervising Deputy Minister, the Director of the Department or persons performing their duties on the basis of the order.

If the STU is agreed upon, a copy of the STU, drawn up in accordance with the requirements of paragraph 22 of this Procedure, is attached to the notification.

In case of refusal to approve the STU, the following is attached to the notification:

Copy of the Conclusion;

One copy of STU.

24. After eliminating the reasons that served as the basis for refusal to approve the STU, the Documentation may be resubmitted for approval in the general manner.

The said register is maintained by the Department.

Order of the Ministry of Regional Development of the Russian Federation dated May 3, 2007 N 36 On the procedure for approval and housing and communal services of the structure of executive authorities of the constituent entities of the Russian Federation (Registered with the Ministry of Justice of the Russian Federation on October 19, 2007 N 10359)

MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

ABOUT THE APPROVAL PROCEDURE

FEDERAL CONSTRUCTION AGENCY

AND HOUSING AND COMMUNAL ECONOMY STRUCTURES OF BODIES

EXECUTIVE POWER OF THE SUBJECTS OF THE RUSSIAN FEDERATION

IN THE FIELD OF COMPLIANCE CONTROL BY AUTHORITIES

LOCAL GOVERNMENT LEGISLATION

ABOUT URBAN PLANNING ACTIVITIES

In accordance with Article 6.1 of the Town Planning Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2005, No. 1 (Part I), Art. 16; No. 30 (Part II), Art. 3128; 2006, No. 1, Art. 10; N 1, Article 21; N 23, Article 2380; N 31 (Part I), Article 3442; N 50, Article 5279; N 52 (Part I), Article 5498; 2007, N 1 ( Part I), Article 21) I order:

1. Approve the attached Regulations on the approval procedure Federal agency for construction and housing and communal services of the structure of the executive body of the constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities.

2. The Federal Agency for Construction and Housing and Communal Services (S.I. Kruglik) must ensure the submission to the Ministry of Regional Development of the Russian Federation of reports on the work to harmonize the structure of executive authorities of the constituent entities of the Russian Federation in the field of monitoring compliance by local governments with legislation on urban planning activities quarterly, before the 10th day of the month following the reporting quarter.

The Construction Department (A.Sh. Shamuzafarov) will develop within a week and in agreement with Deputy Minister Yu.P. Tyrtyshov to send to the Federal Agency for Construction and Housing and Communal Services the form of the corresponding Agency report.

3. Entrust control over the implementation of this Order to Deputy Minister Yu.P. Tyrtyshova.

V.A.YAKOVLEV

Application

to the Order of the Minister

POSITION

ABOUT THE APPROVAL PROCEDURE

FEDERAL CONSTRUCTION AGENCY

AND HOUSING AND COMMUNAL ECONOMY STRUCTURE OF THE AUTHORITY

EXECUTIVE POWER OF THE SUBJECT OF THE RUSSIAN FEDERATION

IN THE FIELD OF COMPLIANCE CONTROL BY AUTHORITIES

LOCAL GOVERNMENT LEGISLATION

ABOUT URBAN PLANNING ACTIVITIES

1. These Regulations determine the procedure for approval by the Federal Agency for Construction and Housing and Communal Services (hereinafter referred to as the Agency) of the structure of the executive body of the constituent entity of the Russian Federation in the field of monitoring compliance by local government bodies with legislation on urban planning activities, including the list, procedure for submission and consideration necessary documents, as well as the procedure for introducing and agreeing on changes to such a structure.

2. Consideration of the issue of approving the Structure of the executive body of the constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities (hereinafter also referred to as the Structure) is carried out by the Federal Agency for Construction and Housing and Communal Services (hereinafter - the Agency) on the basis the following documents:

explanatory note to the draft Structure containing information on the organization of activities to exercise powers in the field of monitoring compliance by local government bodies with legislation on urban planning activities, including detailed description of the presented Structure, status, powers, order of activity and interaction of bodies (divisions) included in the Structure, as well as interaction with other bodies included in general structure executive authorities of a constituent entity of the Russian Federation (hereinafter referred to as Explanatory note). The Explanatory Note must be accompanied by current Regulations, Charters, other documents or drafts of such documents characterizing the Structure and defining the powers and procedure for the activities of its constituent bodies (organizations, institutions).

The draft Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities, the Explanatory Note, the documents attached to it, including those provided additionally, must be endorsed by the highest official of the constituent entity of the Russian Federation in the prescribed manner or by the person executing it responsibilities.

3. If documents are submitted that do not meet the requirements established by paragraph 2 of these Regulations, the Agency has the right, within 5 (five) working days from the date of receipt of the documents, to return them without consideration, indicating the reasons for the return.

4. The Agency reviews documents submitted by a constituent entity of the Russian Federation within no more than 30 (thirty) calendar days from the date of their receipt.

5. If necessary, when reviewing documents, the Agency has the right to request from a constituent entity of the Russian Federation Additional information and documents characterizing the presented Structure. In this case, the period for consideration of documents may be extended for the period of submission by the subject of the Russian Federation of the requested documents.

6. Documents requested by the Agency must be sent by the subject of the Russian Federation no later than 15 (fifteen) calendar days from the date of receipt of the Agency’s request. If the documents requested by the Agency are not provided in deadlines and without considering them it is impossible to make a decision on the merits, the Agency has the right to decide to refuse approval of the Structure of the executive body of the constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities.

7. The structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities, submitted for approval, must comply with the requirements of the legislation of the Russian Federation and ensure full and high-quality implementation by the subject of the Russian Federation of delegated powers in the field of control over compliance by local government bodies with legislation about urban planning activities.

8. It is allowed, in agreement with the Agency, to promptly make changes to the submitted documents if deficiencies are identified in them that can be eliminated during the review process. In this case, all changes must be submitted in writing and signed by the person specified in paragraph 2 of these Regulations.

If documents are not submitted by a constituent entity of the Russian Federation within the deadlines established by the Agency or the re-submitted documents do not comply established requirements, The Agency makes a decision to refuse approval of the Structure of the executive body of the constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities.

9. Based on the results of consideration of documents submitted by a constituent entity of the Russian Federation, the Agency makes the following decisions:

on the approval of the Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities;

on refusal to approve the Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities.

10. The decision to approve the Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities is made by the Agency if it meets the requirements established by paragraph 7 of these Regulations.

The specified decision is formalized by affixing the appropriate stamp or the inscription “AGREED” on the agreed version of the Structure, certified by the signature of the head of the Agency or the person performing his duties on the basis of the order, as well as the seal of the Agency.

The agreed upon Structure of the executive authority of a constituent entity of the Russian Federation in the field of control over compliance by local self-government bodies with legislation on urban planning activities is sent by letter from the Agency in two copies to the constituent entity of the Russian Federation for approval in the prescribed manner. In this case, the covering letter may reflect the Agency’s recommendations on organizing the activities of the agreed Structure.

The subject of the Russian Federation, in accordance with the procedure established by it, approves the agreed Structure within 30 (thirty) calendar days from the date of its receipt and sends one copy to the Agency. If, simultaneously with the approval of the Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local self-government bodies with legislation on urban planning activities, documents defining the status of the bodies included in its composition are approved, copies of the relevant documents are sent to the Agency.

Approval in a constituent entity of the Russian Federation of the Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities can be carried out by affixing on the received copies the appropriate stamp or the inscription “APPROVED”, certified by the signature of the highest official of the constituent entity of the Russian Federation in the established manner order or the person performing his duties, as well as the seal of the subject of the Russian Federation.

When the Structure of the executive body of the constituent entity of the Russian Federation in the field of control over compliance by local self-government bodies with the legislation on urban planning activities is approved in a constituent entity of the Russian Federation, no changes can be made to it.

11. The decision to refuse approval of the Structure of the executive body of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities is made by the Agency in the event of non-compliance with the requirements established by paragraph 7 of these Regulations, as well as in the cases established by paragraph 6 of these Regulations .

The decision to refuse approval of the Structure of the executive body of the constituent entity of the Russian Federation in the field of control over compliance by local governments with the legislation on urban planning activities is drawn up in a letter signed by the head of the Agency or the person performing his duties on the basis of the order, and must contain a motivational part explaining the reasons and grounds refusal.

12. All changes to the agreed and approved Structure of the executive authority of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities can only be made in agreement with the Agency.

13. Consideration of the issue of making changes to the agreed Structure of the executive authority of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities is carried out in the manner established by these Regulations for agreeing on the Structure of the executive authority of the constituent entity of the Russian Federation in the field of control over compliance local government bodies legislation on urban planning activities on the basis of the following documents:

a written appeal signed by the highest official of a constituent entity of the Russian Federation in the prescribed manner or by a person performing his duties;

the draft Structure of the executive authority of a constituent entity of the Russian Federation in the field of control over compliance by local government bodies with legislation on urban planning activities in the form of a graphic image;

an explanatory note to the draft Structure containing information on changes made to the Structure previously agreed upon by the Agency, drawn up in accordance with the requirements set out in paragraph 2 of these Regulations.

14. The Agency keeps records of the agreed Structures of executive authorities of the constituent entities of the Russian Federation in the field of monitoring compliance by local government bodies with legislation on urban planning activities and amendments made to them.

15. Materials submitted by constituent entities of the Russian Federation to the Agency cannot be returned, except in cases established by these Regulations.

"On the procedure for developing and agreeing on special technical conditions for the development of design documentation for a capital construction project"

MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

ORDER
dated April 1, 2008 N 36

ON THE PROCEDURE FOR DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN DOCUMENTATION FOR A CAPITAL CONSTRUCTION SITE

dated October 21, 2010 N 454)

1. Approve the attached Procedure for the development and approval of special technical conditions for the development of design documentation for capital construction projects.

2. Control over the implementation of this Order shall be entrusted to the Deputy Minister of Regional Development of the Russian Federation V.A. Tokarev. (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

Minister
D.N.KOZAK

Application
to the Order of the Minister
regional development
Russian Federation
dated April 1, 2008 N 36

ORDER
DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN DOCUMENTATION FOR A CAPITAL CONSTRUCTION SITE

(as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

I. General provisions

standards containing technical requirements for the design, construction and operation of facilities specified in Article 48.1 of the Town Planning Code of the Russian Federation (Collection of Legislation of the Russian Federation, 03.01.2005, N 1 (Part I), Article 16), cultural heritage sites (historical monuments and culture), as well as other objects for the design of which the requirements for reliability and safety established by regulatory technical documents are insufficient;

II. The procedure for developing special technical conditions and requirements for their content

7. The STU must contain the following data:

a list of forced deviations from the requirements of current technical regulatory documents, containing the rationale for their necessity and measures to compensate for these deviations.

In addition, the STU must contain:

foundation for construction;

data including the name and location of the facility and construction conditions;

information about the investor (customer), general design organization and STU developer;

description of the object as a whole and its most important elements, outlining space-planning and design solutions, attaching a diagram of the organization of the land plot and drawings of architectural and planning solutions.

Similarly, additional requirements must be justified in comparison with the requirements established in the current technical regulatory documents.

10. Certain provisions contained in regulatory documents of foreign countries may be included in the STU, provided they comply with the legislation of the Russian Federation.

11. The STU does not include provisions contained in current technical regulatory documents, including calculation formulas in a different structure. The designations and units of quantities used in the STU must correspond to the designations and units adopted in building codes and regulations, state standards of the Russian Federation and national standards.

12. Technical requirements as part of the STU must be specific and allow for the possibility of control in the prescribed manner.

III. The procedure for agreeing on special technical conditions

Organizational and technical measures for preparing the approval of STU are carried out by the authorized department of the Ministry of Regional Development of Russia (hereinafter referred to as the Department). (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

14. To consider the issue of approving the STU, the construction customer submits the following documents to the Ministry of Regional Development of Russia (hereinafter referred to as Documentation):

a free-form application from the construction customer addressed to the Minister of Regional Development of the Russian Federation regarding the consideration of STU, signed by the head or the person performing his duties, and certified by the seal of the organization<*>;

<*>In case the application is submitted by a legal entity.

an explanatory note containing information on the need to develop STUs, adopted design technical solutions, compensatory measures (in the event of decisions to deviate from existing technical standards), a description of regulations containing new technical requirements (in the event of the development of new requirements), information on ensuring safety object, as well as, if necessary, information on the approval of the STU with the interested federal executive authorities. STUs containing technical requirements for the design and construction of facilities in terms of ensuring fire safety are submitted if there is a positive conclusion from the Ministry of Emergency Situations of Russia;

draft STU in two copies, signed by officials of the developer;

a copy of the technical specifications for the development of STU, certified by the head of the construction customer or the person performing his duties.

Documentation submitted by the construction customer cannot be returned, except in cases established by this Procedure.

In some cases, by decision of the Minister, the period for reviewing Documentation and making relevant decisions may be extended to 3 months.

In case of refusal to approve the STU, the decision shall indicate the justified reasons that served as the basis for the refusal.

17. Review of the submitted Documentation includes: (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

studying the composition of the documents and materials submitted by the Department; (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

review (scientific and technical examination) of documents and materials by the Council. (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

18. Item excluded. (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

20. Paragraph 1. - Deleted. (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

The conclusion, agreed upon with the supervising Deputy Minister of Regional Development of the Russian Federation, is presented to the Minister or a person authorized by order of the Minister to make decisions specified in paragraph 15 of this Procedure. (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

The said decision is formalized by approving the submitted Conclusion, which is assigned a corresponding serial number in chronological order.

22. Approval of the STU is formalized by affixing two copies of the STU with the approving signature of the Minister or his authorized person on the title page, as well as by affixing on each sheet of two copies of the STU the endorsement signature of an authorized employee of the Department. (as amended by Order of the Ministry of Regional Development of the Russian Federation dated October 21, 2010 N 454)

23. The construction customer is notified of the decision made by the Ministry of Regional Development of Russia within three working days from the date of the decision by sending an appropriate written notice. The notification may be signed by the Minister, the supervising Deputy Minister, the Director of the Department or persons performing their duties on the basis of the order.

If the STU is agreed upon, a copy of the STU, drawn up in accordance with the requirements of paragraph 22 of this Procedure, is attached to the notification.

In case of refusal to approve the STU, the following is attached to the notification:

copy of the Conclusion;

one copy of STU.

24. After eliminating the reasons that served as the basis for refusal to approve the STU, the Documentation may be resubmitted for approval in the general manner.

25. If there is a need to make changes to previously agreed STUs, the construction customer submits the relevant Documentation to the Ministry of Regional Development of Russia in the general manner.

26. Agreed STUs are subject to archival storage and recording in the appropriate register. The register must include information about:

construction customer (name, legal form, location, bank details, information about the manager (last name, first name, patronymic, phone number));

name of STU;

date and number of the Conclusion on approval of STU;

changes in STU;

other information necessary to ensure proper accounting of technical specifications.

The said register is maintained by the Department.

Abbreviations used in the article:

Order— The procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project, approved by order of the Ministry of Construction of Russia No. 248/PR dated April 15, 2016,
Old order— The procedure for the development and approval of special technical conditions for the development of design documentation for a capital construction project, approved by order of the Ministry of Regional Development of Russia No. 36 dated April 1, 2008,
Position— Regulations on the composition of sections of project documentation and requirements for their content, approved by Decree of the Government of the Russian Federation No. 87 of February 16, 2008,
123-FZ— Federal Law No. 123-FZ “Technical Regulations on Fire Safety Requirements”,
384-FZ— Federal Law No. 384-FZ Technical Regulations on the Safety of Buildings and Structures,
List 474— List of documents in the field of standardization, as a result of which, on a voluntary basis, compliance with the requirements of 123-FZ is ensured, approved by order of Rosstandart No. 474 of 04/16/2014,
List 1521— List of national standards and codes of practice (parts of such standards and codes of practice), the application of which ensures compliance with the requirements of 384-FZ on a mandatory basis, approved by Decree of the Government of the Russian Federation No. 1521 of December 26, 2014,
Regulations— Administrative regulations of the Ministry of Emergency Situations of Russia for the provision of public services upon agreement on special technical conditions..., approved by order of the Ministry of Emergency Situations of Russia No. 710 dated November 28, 2011.

The Ministry of Construction of Russia prepared and registered with the Ministry of Justice its new order approving the procedure for developing and approving STU.
“On the procedure for developing and agreeing on special technical conditions for the development of design documentation for a capital construction project” was registered with the Ministry of Justice of Russia on August 31, 2016 No. 43505. Date of entry of this document in force - 09/12/2016.
Previously, the Ministry of Construction made several attempts to prepare and register with the Ministry of Justice its new procedure for the development and approval of STUs to replace the old procedure approved.

In this article we note: how the new procedure for developing and approving STU (approved by order of the Ministry of Construction No. 248/PR) differs from the old order (approved by order of the Ministry of Regional Development No. 36), and we provide comments on the new document.
In the analysis presented below, we do not mention all the changes to the Procedure for developing and approving STUs, but only those that seemed to us the most interesting.

1. The very fact of preparation and approval of the new Procedure established by the Ministry of Construction of Russia finally makes it possible to comply with the requirement of paragraph 5 of the “Regulations on the composition of sections of project documentation ...”, approved by Decree of the Government of the Russian Federation No. 87 of February 16, 2008 (hereinafter referred to as the Regulations).

Clause 5 of the Regulations reads:

5. If, for the development of design documentation for a capital construction project, the requirements for reliability and safety established by regulatory technical documents are insufficient, or such requirements are not established, the development of documentation must be preceded by the development and approval according to established order special technical conditions.
Order development and approval of special technical conditions is installed Ministry of Construction and Housing and Communal Services of the Russian Federation in agreement with federal executive authorities exercising regulatory functions in relevant areas of activity.

To comply with the conditions of clause 5 of the Regulations, an important criterion is that the STU must be developed And approved(agreed) in the manner established by the Ministry of Construction of Russia , and not any other ministry! However, throughout last three years of this Procedure - established by the Ministry of Construction of Russia and having the status of normative legal act(registered with the Ministry of Justice) did not exist. Thus, comply with the requirements of clause 5 of the Regulations, that is, develop and approve special specifications within the framework of a non-existent Order, it was impossible.
All this time, the procedure for developing and approving STUs was in force, established by another ministry - the Ministry of Regional Development of Russia (it was abolished immediately after the creation of the Ministry of Construction).
In practice, everyone developed STUs in the manner established by Order of the Ministry of Regional Development of Russia No. 36 dated April 1, 2008, because this was the only procedure registered with the Ministry of Justice and in force at that time. But we must understand that such a procedure did not meet the requirements of clause 5 of the Regulations approved by Decree of the Government of the Russian Federation No. 87.
This discrepancy can be considered eliminated only now, when the Procedure for the development and approval of STUs, established by the Ministry of Construction, has appeared.

2. Clause 1. of the Order - about what this Order generally establishes:

Please note that clause 1 does not say anything about whether this Procedure establishes requirements for the development and approval of STU in the case established by part 2 of Article 78 of the Federal Law N 123-FZ!
However, further in clause 3 of the Procedure this type of STU is mentioned with reference to 123-FZ (subclause G)).
This looks like some kind of contradiction and inconsistency between points within one document.
If we try to explain this contradiction, we can see two main options:

1) It is possible that the type of STU with reference to 123-FZ (subclause G)) was mistakenly included in clause 3 of the Procedure (types of STU). Otherwise, why include in the list of types of STU a type for which this Procedure does not establish requirements for development and approval? From clause 1 it is obvious that this Procedure establishes the requirements only to STUs developed on the basis of 384-FZ.
Or an error crept into paragraph 1, where it was necessary to write that this Procedure establishes requirements for the development and approval of STU in the event I, established by Part 8 of Article 6 384-FZ and part 2 of article 78 123-FZ. But on the other hand, if clause 1 had been formulated this way, it would have turned out that in terms of the approval procedure, two orders had been formed: this one, approved by Order No. 248/PR of the Ministry of Construction, and the Regulations for the approval of STUs, approved by Order No. 710 of the Ministry of Emergency Situations of Russia. After all, the Regulations of the Ministry of Emergency Situations of Russia are essentially also a procedure for approving STUs, which prescribes the approval of STUs developed on the basis of 123-FZ, to the Ministry of Emergency Situations, and not in the Ministry of Construction. There should not be two different approval procedures for the same type of technical specifications (duplication of procedures is prohibited by the legislation of the Russian Federation). It is possible that in order to avoid such formal duplication of “procedures for approving STUs”, paragraph 1 of this Procedure did not indicate that it applies to STUs developed on the basis of 123-FZ.

2) Perhaps there is no error. What if the Ministry of Construction of Russia (the author of the document) means that all those cases of development of STU, which are established by 123-FZ, always fall under the cases of development of STU, established by 384-FZ? But in order to be sure of this, it was necessary to perform comparison of cases (criteria) of the need to develop STUs established by these two laws. And this is not a simple question.
On this moment There are two “systems of documents” containing fire safety requirements for the design of buildings and structures - these are “ 123-FZ + list 474" And " 384-FZ + list 1521". These systems, if desired, can be considered understandable, balanced and thoughtful only if we consider each separately. But it is almost impossible to apply these two systems together, because they contradict each other, duplicate each other and are simply not consistent with each other. The reason is that they are based on completely different principles and logic of rationing. In ours, we wrote that this duplication begins with the fact that the Ministry of Emergency Situations of Russia and the Ministry of Construction of Russia overlap (duplicate) functions in legal regulation in the field of fire safety in construction . Accordingly, this duplication then spilled over into the creation of two Federal laws and lists of regulatory documents to them. Both laws affect the area of fire safety in construction, but the principles and approaches are so different that we call them different “document systems”.
So, in order to assert that all those cases of development of STUs that are established by 123-FZ always fall under the cases of development of STUs established by 384-FZ, it is necessary to compare not only the two wordings of laws 123-FZ and 384-FZ ( Part 2 of Article 78 and Part 8 of Article 6, respectively), describing cases (criteria) of the need to develop STUs, and these systems in general. For example, the main inconsistency regarding STUs is that the criteria for the need to develop STUs are formulated very differently. According to one law, the basis for the development of STU can only be the absence of fire safety requirements, according to another - the absence and retreat from requirements. At the same time, each law has its “own” lists of regulatory documents. The criteria for determining the need to develop STU (absence of standards and deviations from standards) are logically tied to different lists. Thus, it is necessary to do detailed comparative analysis fire safety requirements contained in the system " 123-FZ + list 474" and in the system " 384-FZ + list 1521". In general, this is a subject for a separate large work.
Did the Ministry of Construction conduct such an analysis before approving new order in this edition? This is a big question. But now all this looks like a clumsy attempt to assign a higher status to the system " 384-FZ + list 1521» in terms of determining the criteria for the need to develop STU.

In the Old Order, the same paragraph 1 was formulated completely differently - it was not tied to any law:

3. Clause 2 of the Order:

In the Old Order it was like this:

The meaning has not changed. In fact, STU is a document containing regulatory requirements. Both the old and new formulations confirm that STU is not design documentation (not design solutions), as many believe, but this design requirements. In terms of content, STU is much closer to the concept of “ normative document" than to the concept of "project documentation". We wrote more about this in. By the way, almost all the Main Directorates of the Ministry of Emergency Situations of Russia for the constituent entities of the Russian Federation write in their letters: “... agree on this regulatory document.”

4. Clause 3 of the Procedure defines the types of special technical conditions:

3. STUs are developed of the following types:
a) technical requirements, the application of which ensures compliance with the requirements of 384-FZ on a mandatory basis;
b) technical requirements for industrial safety of hazardous production facilities capital construction, the application of which ensures compliance with the requirements of 384-FZ on a mandatory basis;
c) technical requirements for seismic safety of capital construction projects in territories with seismicity of more than 9 points, as a result of which application on a mandatory basis ensures compliance with the requirements of 384-FZ;
d) technical requirements, the application of which ensures compliance with the requirements of 123-FZ (hereinafter referred to as the Regulations) on a mandatory basis.

Previously there were 3 types of STU, now there are 4. separate species— “STU on industrial safety” (b) (previously it did not exist formally).
The wording of the definitions of the types of STU has also changed - in each type there is a link to the laws: 384-FZ or 123-FZ.
The first thing I would like to note: types of STU b), c) and d) determined by a certain single criterion “type of security”: b)- Industrial Safety, V)— seismic safety, G) — Fire safety. However, the type of STU is A) formulated in such a way that it includes other types of STU.
And it is not entirely clear why such a vague and, at the same time, comprehensive type of STU is needed, like A). Or why after the sight A) list some other types of STU, which are special cases of the type A). With such a general formulation of subparagraph a) the meaning of dividing STU into types is lost. It is obvious that type a) includes both b) and c).

5. Clause 4 of the Order has also undergone interesting changes.

Old wording:

New wording:

Firstly, previously the development of STU had to be carried out on the instructions of the customer (investor). The application should have been sent to the Ministry of Construction from him - construction customer (investor). Now the terms “investor” and “construction customer” have been removed from the document, and the terms “customer”, “technical customer” and “interested person” have been introduced. The exclusion of the terms “investor” and “construction customer” means that now the term “customer (interested person)” can simply mean “customer of STU” (since now the customer of what is not indicated?). And the customer of the STU is not always the investor and the construction customer. For example, for the developer of STU, the customer of STU is often design institutes that perform the functions of the general manager. designers, technical customers, etc. In a word, an interested party can now be any customer organization, not necessarily a “construction customer”, it can also be a “STU customer”.
Although this is all theory. In practice, the Ministry of Construction of Russia, most likely, will continue to understand the “Customer” as the investor, and not the Customer of the STU. Time will show.

Secondly, as before, paragraph 4 of the Procedure establishes who should develop the STU. We don’t see any significant changes here, but we would like to note that the development of STU can be carried out (as before) “... or other organization", that is, any organization. There are no restrictions or even hints of the need for the STU developer to have licenses or SRO approvals! Once again it is confirmed that today “development of technical specifications” is an activity not subject to licensing.

It is also important to note that, based on the wording of clause 4, the development of STU is carried out organizations. IN Russian legislation the term “organization” is almost always identical to the concept “ entity". For example, tax code clearly defines that organizations are legal entities, and individual entrepreneurs- This individuals. In addition, the Civil Code of the Russian Federation establishes that an organization is recognized as a legal entity. That is, it is clear that these concepts (“organization” and “legal entity”) are various industries Russian law are determined through each other.
The development of STU by someone who is not an “organization” will be a violation of clause 4 of the Procedure. And if we agree that the concepts of “organization” and “legal entity” are identical, then it turns out that individuals, individual entrepreneurs (not mentioned in clause 4 of the Procedure) do not have the right to carry out activities to develop STU.

6. In the new Order, clause 6 of the Old Order has been removed:

7. Clause 6 of the new Procedure establishes the requirements for the content of the STU:

Particularly puzzling is the need to include the foundation for construction and drawings in special technical conditions! That is, the STU should include not the details of the document that is the basis for construction, but this document itself.
Concerning " drawings of architectural and planning solutions", then here you just need to know that formally STU are regulatory requirements developed For design. First - development of STU, then - design. Theoretically "drawings architectural and planning solutions" may not yet exist at the STU development stage: drawings will appear later, during the design process.
As a rule, none of the STU developers fulfills these requirements; no one includes in the text of the STU a document that is the basis for construction. Usually, only the details of the document are indicated in the STU, and a copy is attached to the STU, and, as a rule, no one attaches drawings of architectural and planning solutions. But nevertheless, the unconditional requirement for the inclusion of a “title document” and drawings in the STU is in the Procedure.

8. Added new item 13:

In principle, this idea was obvious before, since in the Old Order the list of documents sent to the Ministry of Construction included a sub-item: “- draft STU in two copies, signed by the developer's officials;» . This means that previously it was not necessary for the customer to approve the STU before the document was approved by the Ministry of Construction; it was enough for the developer to sign the STU. Now this point has simply been further clarified in a separate paragraph.

9. Clause 14 establishes a list of documents that must be sent to the Ministry of Construction for approval of the STU:

14. To approve the draft STU, the interested party sends the following to the Ministry of Construction and Housing and Communal Services of the Russian Federation (hereinafter referred to as the Ministry): documents and materials (hereinafter referred to as documentation):
a) information about the interested party (name of the organization; organizational and legal form; location; contact number; individual number taxpayer; last name, first name, patronymic (last - if available) of the head of the organization);
b) information about the organization, the developer of the STU project (name of the organization; legal form; location; contact phone number; individual taxpayer number; last name, first name, patronymic (last - if available) of the head of the organization);
c) draft STU in two original copies, endorsed by the developer (on the title page). Each copy of the STU draft must be stitched, numbered and certified by the seal (if any) and signature of the head of the developer’s organization;
d) explanatory note to the draft STU, endorsed by the interested party, containing information on the need to develop STUs, adopted technical solutions, compensatory measures (in case decisions are made to deviate from current technical standards), description of regulations containing new technical requirements (in case of development of new requirements), information on ensuring the safety of a capital construction project .
e) a copy of the technical specifications for the development of the STU project, certified by the seal (if any) and the signature of the interested person;
f) scanned copies of the documentation specified in subparagraphs “a-e” of this paragraph on electronic media.

Main changes compared to the old Order:

1) The clause “a free-form application from the construction customer” has been removed. This hardly means that the application is no longer needed. In any case, when contacting the executive authority, you will have to prepare a letter with a request to consider the STU. In this regard, nothing has essentially changed.

2) Added the items “information about the interested party...” and “information about the organization, the developer of the STU project...”. Previously, similar points were contained in paragraph 7 of the old Procedure, that is, this information about the customer and developer should have been included in the text of the STU. And it was logical. Now, based on clause 14 of the new Procedure, “information about the interested party” and “information about the organization, the developer of the STU project” are separate documents, since they are indicated as separate subparagraphs in the listing after the words “ documents and materials(further - documentation) ". What are these two such documents (a and b)? In what form and form should the document be prepared? information about the interested party", and the document - " information about the organization and developer of the STU project" not installed! But obviously these should be two separate documents!

By the way, this information should also be included in the text of the STU, as before (clause 6, subclause d of the new Procedure).

3) In subparagraph V) a new requirement has been added regarding the need to flash and number the STU.

4) An explanatory note (EP) to the STU was needed before, but if previously it was enough for it to be approved or endorsed by the developer of the STU, now in accordance with subparagraph G) The PP must be endorsed by the interested party (customer)! And this is pure innovation! This is really what we all (STU developers) have been missing.

5) Sub-clause d)- about a copy of the technical specifications, did not bring any innovations.

But I would like to note that, in accordance with this subparagraph, it is necessary to send unwelded materials to the Ministry of Construction wow copy technical specifications, and the copy is certified Wow technical tasks . This means that you must first certify the technical specification (sign and seal the Customer), and then make a copy of the certified technical specification. After this, no additional signatures or seals are required on the copy itself! Someone may read this paragraph to mean that the copy itself must also be certified, although in Russian it is written in plain English: the copy is certified Wow technical tasks !
(The word "certified" refers to the "assignment" and not to the "copy").

6) Subparagraph e) on scanned copies of all documents on electronic media is completely new. Although this practice (sending a copy of the documentation on a medium to the Ministry of Construction) has existed for a long time.

10. Clause 15 - on the need to provide the Ministry of Construction with a letter of conclusion from the Ministry of Emergency Situations for the approval of fire safety specifications developed on the basis of 123-FZ:

In the new Procedure, this provision is included in a separate paragraph 15. In the old Procedure, similar wording was included in paragraph 14:

Main changes:
1) In accordance with the new Procedure, it is necessary to attach to the main documents (listed in clause 14) also a “document on the approval of the STU with the Ministry of Emergency Situations of Russia”, drawn up in accordance with the legislation of the Russian Federation. Please note that you need to attach the document itself (that is, the original), and not a copy of it. « STU approval document“- the wording is strange; there is no such term in the Regulations of the Ministry of Emergency Situations of Russia (and in the legislation in general). This obviously means a letter from the Ministry of Emergency Situations and/or a conclusion from the Ministry of Emergency Situations, issued to the customer as a result of the provision of state. services for the approval of technical specifications in the Ministry of Emergency Situations of Russia. So now it will be necessary to send the original letter (or conclusion) of the Ministry of Emergency Situations to the Ministry of Construction, and at the same time, it is unlikely that this document will be returned by the Ministry of Construction to the Customer after consideration of the STU. This is a very ambiguous wording, but alas, the word “copy” before the word “document” is not in paragraph 15!
2) Previously it was written that STU firefighters are sent to the Ministry of Construction if there is a positive conclusions of the Ministry of Emergency Situations. This meant that the STU had to be approved positively by the Ministry of Emergency Situations (no other way).
Now in the new Order under the term “ Document by agreement STU with the Ministry of Emergency Situations of Russia, issued in accordance with the law" can mean both a letter from the Ministry of Emergency Situations on the approval of the STU, and a letter from the Ministry of Emergency Situations on the need to finalize the STU (according to the Regulations of the Ministry of Emergency Situations, the result of a public service can be both options). After all, a letter about sending STU for revision is also “ document By approval of STU ", since it was issued as a result of the provision of state services By approval of STU. In clause 15 of the Procedure, it should be “ Document by agreement STU with the Ministry of Emergency Situations of Russia" positive or negative, the main thing for the Ministry of Construction is that it be “ issued in accordance with the legislation of the Russian Federation».

11. Point 16:

The Ministry of Construction reserves the right to refuse to consider the STU if the interested party has not submitted a document for approval of the STU with the Ministry of Emergency Situations of Russia, issued in accordance with the legislation of the Russian Federation. Whether the document for coordination of the STU with the Ministry of Emergency Situations of Russia has been drawn up in accordance with the law will obviously be decided (checked) by the Ministry of Construction. Thus, the Ministry of Construction indirectly controls the activities of the Russian Ministry of Emergency Situations in terms of the correct execution of the document for the approval of the STU (for compliance with the Regulations of the Ministry of Emergency Situations).
If the interested person as a result of the state. services for the approval of STU received from the Ministry of Emergency Situations a document (conclusion of the Ministry of Emergency Situations), executed Not in accordance with the law, and then sent this “incorrect” document for approval of the STU to the Ministry of Construction (in accordance with clause 15 of the Procedure), then the Ministry of Construction has the right to refuse to consider the STU (based on clause 16 of the Procedure). In this case, the interested party is not guilty of anything (the Ministry of Emergency Situations incorrectly filled out its document, and the Ministry of Construction refused in this regard), however, he (the interested party) will have to spend a lot of time trying to understand the situation after the refusal at the Ministry of Construction. The interested party cannot eliminate such a reason for refusal on his own; he will have to write inquiries, questions, requests to the Ministry of Emergency Situations, so that the Ministry of Emergency Situations will re-issue its document in accordance with the approval of the STU (conclusion letter). At the same time, the Ministry of Emergency Situations has every right not to admit its mistake and not agree to “re-issue” the letter and/or conclusion that they issued to the applicant as a result of providing the state. services. In addition, there is no accelerated procedure for re-issuing the conclusion of the Ministry of Emergency Situations; any official appeal to the Ministry of Emergency Situations will be considered as new (within 1 month).

In general, all this can drag on for several months only for the reason that either the Ministry of Emergency Situations incorrectly prepared the “document for approval of the STU”, or the Ministry of Construction made a mistake in assessing the correctness of the document prepared by the Ministry of Emergency Situations.

In addition, no special requirements for registration conclusions or letters from the Ministry of Emergency Situations of Russia are not established by the legislation of the Russian Federation. The regulations of the Ministry of Emergency Situations of Russia establish only the requirements to contents conclusion of the regulatory and technical council (clause 32.1), but requirements for registration not contained in the Regulations.

12. Point 17:

In the Old Order, the time frame for approving STUs was the same as now in the new one: 30 calendar days. Only if earlier the Ministry of Regional Development (and then the Ministry of Construction) could extend the consideration of STU up to 3 months without explaining the reasons, now an extension to 90 days is possible only if the Ministry of Construction sends an interdepartmental request.

13. Point 20:

This item is new. The old Procedure did not indicate cases (reasons) in which approval of STU could be refused. Here it is important not to confuse the term “approval of STU” with “review of STU”, because There were reasons for refusal to consider the STU in the Old Procedure before - this was the failure to submit a set of documents. But there were no reasons for refusing to approve the STU.
Now approval of STU may be refused only when " non-compliance of the draft STU with the requirements of Chapter II of this Procedure.” This point is the first time at least in general outline the subject of verification has been determined as part of the procedure for approving STUs by the Ministry of Construction (what exactly is checked is analyzed by the Ministry of Construction when considering STUs).
Let’s say that if previously the Ministry of Construction could refuse to approve the STU on the basis that the requirements in the STU do not correspond to the requirements in the conclusion of the Ministry of Emergency Situations of Russia, now it will no longer be able to (if it acts within the framework of the Procedure). Now the Ministry of Construction can only refuse in case of non-compliance of the draft STU with the requirements of Chapter II of the Procedure, and in Chapter II there are no requirements regarding the fact that the STU and the conclusion of the Ministry of Emergency Situations must somehow correspond to each other. That is, if the conclusion of the Ministry of Emergency Situations contains some requirements that differ from the requirements of the STU, then now there is nothing wrong with that (it happens that the employees of the Ministry of Emergency Situations transfer the main decisions from the STU into their conclusion, paraphrasing them to their taste - this is absolutely normal).

Thus, firstly, the Ministry of Construction now does not check the conclusion of the Ministry of Emergency Situations, but checks STU project. And secondly, the Ministry of Construction does not check the draft STU for compliance conclusion of the Ministry of Emergency Situations, but checks the draft STU for compliance requirements of Chapter II of the Procedure.

14. Paragraphs 17, 21 and 22 establish that in three cases:

extension of the period for consideration of technical specifications,
making a decision on approval of technical specifications,
making a decision to refuse approval of STU,

interested party " informed in writing» about such decisions within 5 days from the date of their adoption!

“Informed in writing within 5 days” - this does not mean that these 5 days are intended only for the execution and signing of the letter by the Ministry of Construction, and the period for sending this letter by Russian Post is not included in these 5 days. “Informed in writing within 5 days” - this means that the information must already be received by the interested party within 5 days, at least by email in the form of a scanned letter from the Ministry of Construction.
In order for the condition “within 5 days” to be unconditionally met, the Ministry of Construction will apparently have to send a written notification to the interested person, certainly not by Russian Post, but either by express delivery (courier) or in scanned form to the interested person’s email. If the Ministry of Construction spends 5 days only on drawing up a letter, and then sends it by Russian Post (as has always happened), then the requirements of paragraphs 17, 21 and 22 will not be fulfilled by the Ministry of Construction in terms of compliance with the deadline for informing the customer.

ORDER

Order development and approval of special technical conditions for the development of design documentation for a capital construction project

I. General provisions

II. The procedure for developing special technical conditions and requirements for their content

III. The procedure for agreeing on special technical conditions

MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

ORDER dated April 1, 2008 N 36

ON THE PROCEDURE FOR DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN DOCUMENTATION FOR A CAPITAL CONSTRUCTION SITE

ORDER DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN DOCUMENTATION FOR A CAPITAL CONSTRUCTION SITE

I. General provisions

II. The procedure for developing special technical conditions and requirements for their content

III. The procedure for agreeing on special technical conditions

Order
development and approval of special technical conditions for the development of design documentation for a capital construction project

ORDER
dated April 1, 2008 N 36

ORDER
DEVELOPMENT AND APPROVAL OF SPECIAL TECHNICAL CONDITIONS FOR THE DEVELOPMENT OF DESIGN DOCUMENTATION FOR A CAPITAL CONSTRUCTION SITE