Before starting work on modernization, construction, conservation, expansion, liquidation, re-equipment (technical) or reconstruction of a real estate property, an examination is carried out project documentation.

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What it is?

State design expertise is one of the most important tools for managing territorial and construction activities. Thanks to these measures, it is possible to ensure the maximum level of safety for all objects being constructed, reconstructed and liquidated.

State examination allows you to prevent the emergence of real estate objects, the construction and subsequent operation of which contradicts the norms of structural reliability.

The conclusion of the expert commission gives the most accurate assessment of the quality of the developed project, which is taken into account by potential investors who want to invest in both reconstructed and newly created facilities.

Many developers and property owners ask the question: what is the subject of state examination? The exact definition is given by those operating in the territory Russian Federation legislation.

The subject of the examination is to assess the compliance of project documents with the requirements set forth by regulations.

• environmental;
• firefighters;
• sanitary and epidemiological;
• radiation, nuclear and industrial safety;
• protection of (state) objects cultural heritage etc.

Video: main changes

What is regulated

Design expertise is carried out in accordance with the regulations

Also, institutions under their jurisdiction located in 22 subjects of the Federation.

Other federal executive bodies are authorized to carry out inspections of objects determined by a separate order of the President of the Russian Federation.

List of documents

Each customer who has applied to the Department of State Expertise must submit an application for an inspection at the location of the facility.

The package of attached documents is completed as follows:

• certificates confirming ownership of the property;
• plan of the study area (urban planning);
• design documentation for objects subject to state examination of design documentation, including all existing permits for deviations from regulations and standards;
• consent of the owners to carry out reconstruction or restructuring of the facility, etc.

Deadlines

State design examination is carried out at the expense of the customer.

The legislation establishes specific deadlines for carrying out these activities - no more than 3 months.

45 days are given to specialists to check:

• design documents developed for capital and residential facilities;
• all results of the engineering surveys;
• project documents, the implementation of which will be carried out in special economic zones.

Conclusion

The result of the state examination of project documentation is the conclusion given by specialists after conducting all the necessary studies.

The expert decision, which is drawn up on on paper, is entered into the register of conclusions, and a serial number is assigned to it. A positive conclusion, as well as a negative one, is handed over to the customer. In accordance with the conclusion of the experts, the developer, investor or owner of the property takes further actions.

When not required

State design expertise is not required in the following cases:

• during the construction of real estate objects that belong to the 3rd level of responsibility;
• using standard projects during the construction, reconstruction and modernization of facilities that have domestic, social or cultural purposes;
• when carrying out construction and installation work that does not affect the load-bearing capacity of the object.

Department of State Expertise of Project Documentation

At the moment when design expertise is required, property owners, developers or investors need to contact the government body authorized to conduct such an inspection.

State Department design expertise carries out relevant activities in full accordance with the approved regulations.

Conducting a state examination is one of the key stages in the process of construction of buildings and structures. It is this that becomes a “stumbling block” for many construction companies. And the reason is not only the strict order of the procedure, but also the timing of it. Unfortunately, not everyone knows the legal requirements, which causes a number of problems and delays. To eliminate such difficulties, it is worth considering a number of points discussed in the article.

General provisions on state examination

The legislation of the Russian Federation clearly defines the upper period allocated for state examination of the project and surveys in the engineering sector. Thus, taking into account provision No. 7 of Article 49 of the Civil Code of the Russian Federation, the period is determined taking into account the complexity of the structure and should not be more than two months (60 days). Concerning minimum term, then it is not specified, which guarantees a certain freedom of action for the inspection structure.

It is impossible not to note another paragraph (No. 29), which discusses the features (procedure and organization) of the state examination. It mentions that the verification can take place faster (up to 45 days). This is relevant:

• For design documents relating to residential buildings. This also includes non-residential buildings that do not belong to the category of unique objects.
• For research in the engineering sector, which is sent for examination to the main papers for the project.
• For design documentation relating to capital construction projects, as well as reconstruction of structures located in economic zone.

In addition, paragraph No. 30 states that the period for conducting a state examination can be shortened for structures for which the documentation is checked by local authorities of the Russian Federation or by subordinate government agencies. In the case of state expertise, it is worth taking into account not only fixed deadlines specified in the regulations, but also the terms of the contract. The participants in the latter are two parties – the structure that conducts the inspection and the applicant. Such documents, as a rule, are regulated at the legislative level, taking into account the conditions of the Civil Code of the Russian Federation.

According to the Civil Code, the parties to the agreement have the right to individually determine the period for conducting the inspection, as well as stipulate the conditions when the deadlines can be extended. It turns out that if the period mentioned in the agreement is not enough for the applicant, he puts forward his own conditions and refuses to sign the agreement before they are accepted. But it is worth considering that in some cases the state examination is mandatory, which forces the applicant to agree to the terms proposed by the other party.

Accelerated state examination carries a number of additional risks. In particular, the quality of inspections performed decreases, and the risk of missing something significant increases. The result may be errors at the construction stage and further problems with the commissioning of the building. In addition, the reduction in deadlines does not allow government agencies obtain a full amount of information and conduct an analysis on the object of interest.

• Recommendations of the customer (applicant).
• Conditions of the regulations.
• Current rules.
• Stated deadlines for the state examination.
• Required labor resources and so on.

Types and timing of examination and related papers

As mentioned, the time for conducting a state examination is up to 60 days or up to 45 days (in exceptional cases). But there are situations when the process can be suspended. The basis for such a decision may be the preparation and submission of a corresponding application, which stipulates the need to make adjustments to one or more sections.

Situations are possible when the authorized structure makes a negative decision. This is explained by the fact that applicants often submit an incomplete list of documents or papers drawn up in violation of applicable laws and regulations. Refusal to accept documents is also possible if they do not contain sections that must take place taking into account the requirements of the legislation of the Russian Federation.

A negative decision is sometimes made when the submitted engineering surveys do not comply with the form or composition prescribed in the regulations, regulations or legislative acts. The situation develops in a similar way when engineering surveys are performed by a person who does not have the appropriate rights.

There are situations when the applicant sends a project for state examination, but it is not subject to verification or the papers contain unforeseen or inconsistent stamps.

As mentioned, the applicant’s appeal is reviewed within 72 hours, after which a written decision is issued. Wherein executive agency may refuse not only to review documents, but also to accept them. The latter is possible in case of errors when filling out the fields when submitting an application, as well as in the case of transmitting contradictory (deliberately false) information.

The decision made is transmitted through the Portal and must be signed by a representative of the Moscow State Expertise. The decision is then sent to the applicant at Personal Area for reference.

In relation to the timing of the state examination of design documentation, the following points should be taken into account:

• Checking calculations estimated price capital construction project is carried out within the period specified in the agreement between the parties. Only the upper period is limited, which by law should not exceed thirty days. If it so happens that the estimate documentation is checked during the same period when the state examination is carried out, then the period is limited to the period of the expert assessment design documents and surveys.
• Non-state examination. For many objects, it is possible to conduct an expert inspection without involving government agencies. In this case, the work is performed by certain companies, and the deadlines for completing the work are determined by an agreement drawn up between the two parties. Maximum period checks can be either within the established standards (45 days) or more.
• Examination estimate documentation. As in the previous case, a contract is drawn up to estimate the estimate for the construction work. The document specifies the specifics of interaction between the parties, as well as the period for carrying out the work.
• Monitoring the correct use of estimates, indices and methods used when preparing estimates. There are also a number of requirements from the current regulations. The timing of the inspection is determined by the agreement drawn up for the conduct of expert work.
• Checking specific sections of the project. Here, the terms of interaction between the parties (including deadlines for execution) are determined by the agreed text of the agreement.

As can be seen from the article, the timing of the expert assessment by government agencies and authorized legal entities are “floating” and depend on the complexity of the object. The difference is that in relation to state examination, the upper period still has a limit of 45 days. Thanks to this, the customer can plan construction works and time spent on solving bureaucratic procedures. If the issue of conducting an examination is resolved earlier, then this can only be beneficial.

Sources: WE BUILD SIMPLY

Hardware Specification Specification of equipment, products and materials: A textual design document that defines the composition of equipment, products and materials and is intended for acquisition, preparation and implementation of construction. Source GOST R 21.110-2013

Town Planning Code of the Russian Federation

Article 49. State examination of design documentation
and the results of engineering surveys...

1. Project documentation objects capital construction and the results of engineering surveys carried out to prepare such design documentation, subject to state examination, except for the cases provided for in this article.

2. State examination is not carried out in relation to design documentation for the following capital construction projects:

1) free-standing residential buildings with a number of floors of no more than three, intended for single-family residence (individual housing construction projects);

2) residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks, located on separate plot of land and has access to the territory common use(blocked residential buildings);

3) apartment buildings with a number of floors of no more than three, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area;

4) separate capital construction projects with no more than two floors, total area of which there are no more than 1500 square meters and which are not intended for the residence of citizens and the implementation production activities, with the exception of objects that, in accordance with Article 48_1 of this Code, are especially dangerous, technically complex or unique objects (clause added on January 1, 2008 Federal law dated December 4, 2007 N 324-FZ - see previous edition);

5) detached capital construction projects with no more than two floors, a total area of ​​no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which within the boundaries land plots where such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of facilities that, in accordance with Article 48_1 of this Code, are particularly dangerous, technically complex or unique facilities (clause as amended, entered into force on January 1 2008 Federal Law of December 4, 2007 N 324-FZ - see previous edition).

3. State examination of design documentation is not carried out in case for construction, reconstruction, overhaul there is no requirement to obtain a construction permit, as well as in the case of such an examination in relation to the design documentation of capital construction projects, which has received a positive conclusion from the state examination and is reused (hereinafter referred to as standard design documentation), or modification of such design documentation that does not affect the design and other characteristics reliability and safety of capital construction projects.

3_1. State examination of the results of engineering surveys is not carried out if the engineering surveys were carried out to prepare design documentation for capital construction projects specified in Part 2 of this article, and also in the event that construction, reconstruction, and major repairs do not require obtaining a building permit.

3_2. The results of engineering surveys can be sent for state examination simultaneously with the design documentation or before the design documentation is sent for state examination.

4. State examination of design documentation and state examination of engineering survey results are carried out federal body executive power, executive body of a constituent entity of the Russian Federation authorized to conduct state examination of design documentation, or state (budgetary or autonomous) institutions subordinate to these bodies.

4_1. State examination of the design documentation of all objects specified in paragraph 5_1 of Article 6 of this Code, and state examination of the results of engineering surveys carried out for the preparation of such design documentation, unless otherwise established by the Federal Law "On the Enforcement of the Town Planning Code of the Russian Federation", carried out by the federal executive body specified in paragraph one of part 3 of Article 6_1 of this Code, or a state (budgetary or autonomous) institution subordinate to it, except in cases where by decree of the President of the Russian Federation in relation to defense and security facilities or a regulatory legal act of the Government of the Russian Federation in relation to objects, construction, reconstruction, major repairs of which are expected to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, as well as in relation to objects related to the placement and neutralization waste I-V hazard class, other federal executive authorities are determined.

4_2. State examination of design documentation of other capital construction projects and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the executive authority of a constituent entity of the Russian Federation or a subordinate state (budgetary or autonomous) institution at the location of the land plot on which construction is planned. , reconstruction, major repairs of a capital construction project.

5. The subject of the state examination is the assessment of compliance of project documentation with the requirements technical regulations, including sanitary-epidemiological, environmental requirements, requirements state protection cultural heritage sites, fire, industrial, nuclear, radiation and other safety requirements, as well as the results of engineering surveys, and assessment of the compliance of the results of engineering surveys with the requirements of technical regulations.

6. It is not allowed to carry out other state examinations of project documentation, with the exception of the state examination of project documentation provided for by this article, as well as the state environmental examination of design documentation of objects, the construction, reconstruction, major repairs of which are supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, on lands of specially protected natural areas, as well as design documentation of facilities related to the disposal and disposal of waste I-V class danger.

6_1. To carry out the state examination of design documentation and the state environmental examination of design documentation of objects, the construction, reconstruction, major repairs of which are supposed to be carried out on the lands of specially protected natural areas, such design documentation in the manner established by the Government of the Russian Federation is submitted in:

1) federal executive body authorized to carry out state examination of design documentation in relation to objects, the construction, reconstruction, major repairs of which are supposed to be carried out on the lands of specially protected natural areas of federal significance, and in relation to especially dangerous, technically complex and unique objects, objects defense and security, construction, reconstruction, major repairs of which are supposed to be carried out on the lands of specially protected natural territories of regional and local significance, in cases where the construction, reconstruction, major repairs of such objects on the lands of specially protected natural territories are permitted by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation Federations;

2) the executive body of the constituent entity of the Russian Federation authorized to conduct state examination of design documentation in relation to objects, the construction, reconstruction, major repairs of which are supposed to be carried out on lands of specially protected natural areas of regional and local significance, with the exception of design documentation of the objects specified in paragraph 1 of this part.

6_2. The federal executive body, the executive body of the constituent entity of the Russian Federation, authorized to conduct state examination of design documentation and, in accordance with Part 4 of this article, carrying out such state examination, send the design documentation submitted by the customer for the objects specified in subparagraph 7_1 of Article 11 and subparagraph 4_1 of Article 12 Federal Law of November 23, 1995 N 174-FZ “On Environmental Expertise”, for state environmental expertise in the manner established by this Federal Law.

6_3. Results conducting state examination of project documentation and state environmental examination of design documentation of objects, construction, reconstruction, major repairs of which are supposed to be carried out on lands of specially protected natural areas, are the corresponding conclusions.

7. The duration of the state examination is determined by the complexity of the capital construction project, but should not exceed three months.

8. Grounds for refusal to accept project documentation and (or) the results of engineering surveys aimed at state examination, are:

1) the absence in the design documentation of the sections provided for in parts 12 and 13 of Article 48 of this Code;

2) preparation of project documentation by a person who does not meet the requirements specified in parts 4 and 5 of Article 48 of this Code;

3) the absence of the results of engineering surveys specified in Part 6 of Article 47 of this Code, or the absence of a positive conclusion from the state examination of the results of engineering surveys (if the results of engineering surveys were sent for state examination before the design documentation was sent for state examination);

4) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of this Code;

5) execution of engineering surveys, the results of which are sent for state examination, by a person who does not meet the requirements specified in parts 2 and 3 of Article 47 of this Code;

6) sending for state examination not all documents provided for by the Government of the Russian Federation in accordance with Part 11 of this article;

7) sending design documentation and (or) engineering survey results to the executive authority, government agency, if, in accordance with this Code, the state examination of such design documentation and (or) engineering survey results is carried out by another executive body, another state institution;

8) sending design documentation and (or) engineering survey results that are not subject to state examination.

9. The result of the state examination of design documentation is statement of conformity ( positive conclusion) or inconsistency ( negative conclusion) project documentation requirements of technical regulations and the results of engineering surveys, requirements for the content of sections of project documentation provided for in accordance with Part 13 of Article 48 of this Code, as well as the compliance of the results of engineering surveys with the requirements of technical regulations (if the results of engineering surveys were aimed at state examination simultaneously with design documentation. If the results of engineering surveys were sent for state examination before sending the design documentation for state examination, the result of the state examination is a conclusion on compliance (positive conclusion) or non-compliance (negative conclusion) of the results of engineering surveys with the requirements of technical regulations .

10. A negative conclusion of the state examination may be challenged by the developer or customer in judicial procedure. The developer or customer has the right to re-send the design documentation and (or) results of engineering surveys for state examination after making the necessary changes to them.

11. The procedure for organizing and conducting state examination of design documentation and engineering survey results, the amount of fees for conducting state examination of design documentation and engineering survey results and the procedure for its collection are established by the Government of the Russian Federation

1. Architectural and construction design, construction, reconstruction, major repairs of capital construction projects in the city of Moscow are carried out in accordance with the Town Planning Code of the Russian Federation and other federal legislation. State authorities of the city of Moscow exercise within the limits of their powers public administration and regulation in the field of architectural and construction design, construction, reconstruction, major repairs of capital construction projects in accordance with federal legislation and this Code.

2. The placement and construction, construction, installation of territory improvement facilities specified in Part 5 of Article 11 of this Code are carried out in accordance with this Code and other regulatory legal acts of the city of Moscow.

Article 46. Engineering surveys for the preparation of design documentation, construction, reconstruction of capital construction projects

Carrying out engineering surveys for the preparation of design documentation, construction, reconstruction of capital construction projects (hereinafter referred to as engineering surveys), formation and maintenance of a state fund of materials and engineering survey data, taking into account the needs of information support systems urban planning activities are carried out in accordance with federal legislation.

Article 47. Architectural and construction design

1. Preparation of design documentation for capital construction projects is carried out in the manner established by federal legislation.

2. The procedure for preparing design documentation carried out on the basis of a city state order is established by the Moscow Government in accordance with federal legislation.

3. Determination procedure technical specifications and providing information about them, determining connection fees, connecting capital construction projects to engineering and technical support networks are established by the Moscow Government, if they are not established by the Government of the Russian Federation.

4. Preparation of project documentation is carried out in accordance with the urban planning plan of the land plot. In the case when, in accordance with the urban planning plan of a land plot, this land plot is intended for the construction of a complex, group of buildings, structures, structures, the design documentation must contain comprehensive functional planning, architectural, landscape and engineering solution development, improvement, transport services and engineering support of such a land plot, including:

1) architectural and compositional solution for the development, including the location, purpose, parameters and architectural solutions of buildings, structures, structures;

2) location and parameters of driveways, surface parking lots, common areas, public spaces;

3) location and parameters engineering communications;

4) organization of landscaping and landscaping of the territory;

5) vertical planning and organization of the territory’s relief;

6) organization of construction work, engineering support, and landscaping of the territory.

5. The design documentation must include design solutions and measures that ensure a favorable state of the living environment in the surrounding areas during the preparatory period of construction, during the main period of construction, reconstruction, major repairs of capital construction projects, during the period of territory improvement work after completion of construction , including providing:

1) safety of the population, territory, buildings and structures;

2) security environment, compliance with sanitary standards, protection of green spaces;

3) unhindered access of the population (including people with disabilities) to social, transport and engineering infrastructure facilities, to public areas, to residential buildings, public, administrative, business and industrial buildings;

4) uninterrupted transport services and engineering support for the territory;

5) proper landscaping and appearance of the territory;

6) fulfillment of other requirements for the favorable state of the living environment established by federal legislation, this Code, other laws and other regulatory legal acts of the city of Moscow, including regional standards.

Article 48. State examination of design documentation and engineering survey results. Non-state examination of design documentation and non-state examination of engineering survey results

1. State examination of design documentation and engineering survey results is carried out in the manner established by the Town Planning Code of the Russian Federation and legal acts of the Government of the Russian Federation. The procedure for organizing state examination of design documentation and engineering survey results is established by legal acts of the Moscow Government in accordance with federal legislation.

2. The body authorized to conduct state examination exercises powers in the field of organizing and conducting state examination of design documentation and engineering survey results, transferred by the Russian Federation to government authorities of the city of Moscow in accordance with the Urban Planning Code of the Russian Federation.

3. The result of the state examination of project documentation, which is carried out by the body authorized to conduct the state examination, or a state institution subordinate to it, is a conclusion on the compliance (positive conclusion) or non-compliance (negative conclusion) of this project with the urban planning plan of the land plot, the requirements of technical regulations, in including sanitary-epidemiological, environmental requirements, and the results of engineering surveys, as well as the requirements of the legislation of the city of Moscow, including in the field of protection and use of natural and green areas, protection of green spaces, the requirements of regional standards, including in terms of ensuring accessibility and adaptation for the needs of disabled people of social, engineering, transport infrastructure, public areas, residential, public, administrative and industrial buildings, as well as in terms of ensuring a favorable living environment during construction, reconstruction, and major repairs of capital construction projects.

4. Conducting a state examination of project documentation is mandatory in cases established by federal legislation, in cases of construction, reconstruction, major repairs of capital construction projects in areas of comprehensive improvement in residential, public and business territories not subject to reorganization, in specially protected natural areas, natural and green areas, in protection zones of cultural heritage sites and historical zones, in other cases when during the construction, reconstruction, major repairs of capital construction projects, human rights to a favorable living environment, other rights and legitimate interests of individuals and legal entities may be violated .

5. Non-state examination of design documentation and non-state examination of engineering survey results are carried out in cases and in the manner established by federal legislation.

Article 49. Construction permits, permits for the placement of territory improvement facilities

1. A building permit in accordance with the Town Planning Code of the Russian Federation is a document giving the developer the right to carry out construction, reconstruction, and major repairs of a capital construction project.

2. Availability of a construction permit is mandatory in cases established by federal legislation, as well as in cases of construction, reconstruction, major repairs of capital construction projects in areas of comprehensive improvement in residential, public and business areas that are not subject to reorganization, in specially protected natural areas, natural and green areas, in protection zones of cultural heritage sites and historical zones, in other cases when during the construction, reconstruction, major repairs of capital construction projects, human rights to a favorable living environment, other rights and legitimate interests of individuals and legal entities may be violated persons

3. The issuance of construction permits is carried out in accordance with the Town Planning Code of the Russian Federation in terms of the form of construction permits, the list of documents submitted to obtain a construction permit, the timing and procedure for considering applications for issuing construction permits, the validity period of construction permits, the grounds for refusal to issue construction permits, other requirements of federal legislation.

4. A construction permit is issued by the executive authority of the city of Moscow authorized to issue construction permits, with the exception of permits for the construction of capital construction projects, which are issued by the authorized federal executive authority in accordance with the Urban Planning Code of the Russian Federation.

5. In cases established by federal legislation, the procedure for issuing construction permits by the authorized executive body of the city of Moscow is established by the Moscow Government.

6. Information on the issuance of construction permits within 10 days after the issuance of a construction permit is subject to official publication in the manner established for publication official information territorial executive authorities of the city of Moscow, posting on the official websites of territorial executive authorities of the city of Moscow on the Internet.

7. Obtaining a building permit is not required:

1) for the placement of territory improvement facilities;

2) to carry out reconstruction work, major repairs of utilities and road network facilities that do not require the preparation of design documentation;

3) to carry out work to change capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety, do not violate the rights of third parties and do not exceed the maximum parameters of permitted construction, reconstruction established by the town planning plans of the relevant land plots.

8. Types, parameters and characteristics of territory improvement objects, the procedure for obtaining permits for the placement of such objects, as well as the types of work specified in paragraphs 2 and 3 of part 7 of this article, the performance of which does not require obtaining a construction permit, and the procedure for performing such work are established The Moscow Government in accordance with federal legislation, this Code and other laws of the city of Moscow.

9. Persons carrying out the placement of objects specified in paragraph 1 of part 7 of this article, carrying out the work specified in paragraphs 2 and 3 of part 7 of this article:

1) are obliged to comply with:

a) safety requirements established by technical regulations and other federal legislation;

b) requirements contained in the urban planning plans of the relevant land plots;

c) the requirements of regional standards in terms of landscaping the territory and ensuring a favorable living environment, including during the period of work;

d) the procedure established by the Moscow Government for obtaining permits for placing objects and performing work and the procedure for placing objects and performing work;

2) bear, in accordance with the law, liability for violation of the requirements specified in paragraph 1 of this part, including administrative liability for violation of the requirements specified in subparagraphs “b”, “c” and “d” of paragraph 1 of this part, which is established by the Code of the city of Moscow on administrative violations.

Article 50. Construction, reconstruction, major repairs of capital construction projects

1. Construction, reconstruction, major repairs of capital construction projects are regulated by the Urban Planning Code of the Russian Federation, other regulatory legal acts of the Russian Federation, this Code, as well as legal acts of the Moscow Government corresponding to federal legislation and this Code.

2. Construction control is carried out during the construction, reconstruction, and major repairs of capital construction projects in accordance with the Town Planning Code of the Russian Federation. Order of conduct construction control is established by the Moscow Government, if such a procedure is not established by regulatory legal acts of the Russian Federation.

3. State construction supervision in the city of Moscow is carried out in accordance with the requirements of the Town Planning Code of the Russian Federation by the executive authority of the city of Moscow authorized to carry out state construction supervision, in the manner established by the Government of the Russian Federation, except for cases established by federal legislation, when state construction supervision is carried out by an authorized federal executive body.

4. In the areas surrounding the construction site, control is carried out in the manner established by the Moscow Government over compliance with the requirements for ensuring a favorable living environment, including the safety of buildings and structures, compliance with environmental safety and environmental protection requirements, the state of landscaping of the territory and green spaces during construction, reconstruction, major repairs of capital construction projects.

5. Persons guilty of violating the requirements for ensuring a favorable living environment during construction, reconstruction, and major repairs of capital construction projects bear administrative liability in accordance with the Moscow City Code of Administrative Offences.

6. No later than 10 days before the start preparatory stage construction, including demolition work and dismantling of existing buildings and structures, the developer is obliged to place an information stand on the border of the construction site, accessible for viewing from the surrounding area, containing:

1) information about the project developer, about the planned construction and its timing, including a graphic image of the planned facility and a diagram of the territory surrounding the construction site, which displays the landscaping activities planned for the construction period;

2) information about the construction permit;

3) information about the developer (customer) and the performer (contractor) of construction work;

4) addresses and Contact phone numbers the executive authority of the city of Moscow, authorized to carry out state construction supervision, the executive authorities of the city of Moscow, exercising control over the condition of the territories surrounding the construction site.

7. Copy urban plan land plot, other urban planning documentation, sections of project documentation subject to publication in the information system of urban planning activities, construction permits are presented by the performer (contractor) of the work at the request of the authorized officials organs state control, the relevant local government body, a deputy of the Moscow City Duma from the relevant electoral district, and other interested parties.

8. The commissioning of a capital construction project is carried out on the basis of a permit to put the facility into operation, which is issued to the developer by the executive authority of the city of Moscow that issued the permit for the construction of this facility. Permission to put a facility into operation is issued in accordance with the Urban Planning Code of the Russian Federation in the manner established by the Moscow Government. The decision to refuse to issue a permit to put a facility into operation is made in cases established by the Town Planning Code of the Russian Federation.

9. Capital construction object, location, parameters, architectural solution which do not comply with the requirements of the urban planning plan of the land plot, design documentation, may be recognized as unauthorized construction in accordance with Civil Code Russian Federation.

• Chapter 1. (Articles 1-10)
  • Article 1.
  • Article 2.
  • Article 3.
  • Article 4.
  • Article 5.
  • Article 6.
  • Article 7.
  • Article 8.
  • Article 9.
  • Article 10.
• Chapter 2. (Articles 11-18)
  • Article 11.
  • Article 12.
  • Article 13.
  • Article 14.
  • Article 15.
  • Article 16.
  • Article 17.
  • Article 18.
• Chapter 3. (Articles 19-22)
  • Article 19.
  • Article 20.
  • Article 21.
  • Article 22.
• Chapter 4. (Articles 23-27)
  • Article 23.
  • Article 24.
  • Article 25.
  • Article 26.
  • Article 27.
• Chapter 5. (Articles 28-30)
  • Article 28.
  • Article 29.
  • Article 30.
• Chapter 6. (Articles 31-33)
  • Article 31.
  • Article 32.
  • Article 33.
• Chapter 7. (Articles 34-37)
  • Article 34.
  • Article 35.
  • Article 36.
  • Article 37. Repealed
• Chapter 8. (Articles 38-44)
  • Article 38.
  • Article 39.
  • Article 40.
  • Article 41.
  • Article 42.
  • Article 43.
  • Article 44.
• Chapter 9. (Articles 45-50)
  • Article 45.
  • Article 46.
  • Article 47.
  • Article 48.
  • Article 49.
  • Article 50.
• Chapter 10. (Articles 51-57)
  • Article 51.
  • Article 52.
  • Article 53.
  • Article 54.
  • Article 55.
  • Article 56.
  • Article 57.
• Chapter 11. (Articles 58-65)
  • Article 58.
  • Article 59.
  • Article 60.
  • Article 61.
  • Article 62.
  • Article 63.
  • Article 64.
  • Article 65.
• Chapter 12. ((Articles 71-74)
  • Article 71.
  • Article 72.
  • Article 73.
  • Article 74.
• Chapter 14. (Article 75)
  • Article 75.
• Chapter 15. (Articles 76-78)
  • Article 76.
  • Article 77.
  • Article 78.

(as amended by Federal Laws dated May 16, 2008 N 75-FZ, dated November 28, 2011 N 337-FZ, dated June 28, 2014 N 181-FZ, dated August 3, 2018 N 321-FZ)

1. Design documentation of capital construction projects and the results of engineering surveys carried out to prepare such design documentation are subject to examination, except for the cases provided for in parts 2, 3 and 3.1 of this article. Examination of design documentation and (or) examination of engineering survey results is carried out in the form of state examination or non-state examination. The developer or technical customer, at his own discretion, sends design documentation and the results of engineering surveys for state examination or non-state examination, except for cases where, in accordance with this article, in relation to the design documentation of capital construction projects and the results of engineering surveys performed to prepare such design documentation, a state examination is envisaged.

(Part 1 as amended by Federal Law dated November 28, 2011 N 337-FZ)

2. The examination is not carried out in relation to the design documentation of the following capital construction projects:

1) objects of individual housing construction, garden houses;

(Clause 1 as amended by Federal Law dated 03.08.2018 N 340-FZ)

2) residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks, located on a separate plot of land and has access to public territory (blocked residential buildings), if the construction or reconstruction of such residential buildings is carried out without attracting budget funds budget system Russian Federation;

(as amended by Federal Law No. 402-FZ dated December 29, 2015)

3) has become invalid. - Federal Law of August 3, 2018 N 340-FZ;

4) separate capital construction projects with no more than two floors, a total area of ​​no more than 1,500 square meters and which are not intended for citizens’ residence and production activities, with the exception of objects that, in accordance with Article 48.1 of this Code, are especially dangerous, technically complex or unique objects;

5) detached capital construction projects with no more than two floors, a total area of ​​no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which within the boundaries of land plots where such facilities are located, sanitary protection zones have been established or the establishment of such zones is required, with the exception of facilities that, in accordance with Article 48.1 of this Code, are particularly dangerous, technically complex or unique facilities;

(as amended by Federal Law dated December 4, 2007 N 324-FZ)

6) boreholes provided for by the technical design for the development of mineral deposits or other design documentation for the performance of work related to the use of subsoil areas, prepared, agreed and approved in accordance with the legislation of the Russian Federation on subsoil.

(Clause 6 introduced by Federal Law dated December 31, 2014 N 533-FZ)

2.1. If the construction or reconstruction of capital construction projects specified in paragraphs 2 - 6 of Part 2 of this article is planned to be carried out within the boundaries of pipeline security zones, examination of the design documentation for the construction and reconstruction of these capital construction projects is mandatory.

(Part 2.1 introduced by Federal Law dated July 21, 2011 N 257-FZ, as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated August 3, 2018 N 340-FZ)

ConsultantPlus: note.

If, before the approval of the criteria specified in clause 2.2, permits have been issued or applications have been submitted for the issuance of permits for the construction of these facilities, an examination of the design documentation is not required, and state construction supervision is not carried out (Federal Law dated 03.08.2018 N 340-FZ).

2.2. If the capital construction projects specified in paragraphs 4 and 5 of part 2 of this article are classified as mass stay citizens, examination of design documentation for the construction and reconstruction of these capital construction projects is mandatory. The criteria for classifying capital construction projects specified in paragraphs 4 and 5 of part 2 of this article as objects of mass stay of citizens are approved by the federal executive body exercising the functions of developing and implementing public policy and legal regulation in the field of construction, architecture, urban planning.

(Part 2.2 introduced by Federal Law dated August 3, 2018 N 340-FZ)

ConsultantPlus: note.

There is no requirement to conduct an examination or obtain other conclusions for reused design documentation (or its modifications) that received a positive examination conclusion before 09/01/2016 if there is a permit for capital construction (Federal Law dated 07/03/2016 N 368-FZ).

3. An examination of design documentation is not carried out if a construction permit is not required for the construction or reconstruction of a capital construction project. Expertise of design documentation is not carried out in relation to sections of design documentation prepared for major repairs of capital construction projects.

(as amended by Federal Laws dated July 3, 2016 N 368-FZ, dated August 3, 2018 N 342-FZ)

3.1. An examination of the results of engineering surveys is not carried out if the engineering surveys were carried out to prepare design documentation for capital construction projects specified in Part 2 of this article, as well as if a construction permit is not required for construction or reconstruction.

(Part 3.1 introduced by Federal Law dated December 31, 2005 N 210-FZ, as amended by Federal Law dated November 28, 2011 N 337-FZ)

3.2. The results of engineering surveys can be sent for examination simultaneously with the design documentation or before the design documentation is sent for examination.

(Part 3.2 introduced by Federal Law dated December 31, 2005 N 210-FZ, as amended by Federal Law dated November 28, 2011 N 337-FZ)

ConsultantPlus: note.

Conducting a state examination of design documentation submitted before 01/01/2019 and issuing relevant conclusions is carried out in accordance with the procedure in force before 01/01/2019.

3.3. Design documentation of capital construction projects specified in part 2 of this article, design documentation specified in part 3 of this article, and the results of engineering surveys performed to prepare such design documentation:

1) are subject to state examination in cases where the estimated cost of construction, reconstruction, major repairs of capital construction projects in accordance with the requirements of this Code is subject to verification for the reliability of its determination;

2) on the developer’s or technical customer’s own initiative, they may be sent for state or non-state examination, except for the cases specified in paragraph 1 of this part.

(Part 3.3 as amended by Federal Law dated 03.08.2018 N 342-FZ)

3.4. Design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, objects, the estimated cost of construction, reconstruction, major repairs of which in accordance with the requirements of this Code is subject to verification for the reliability of its determination, objects (except for objects specified in parts 2 and 3 of this article), construction and reconstruction of which are planned within the boundaries of zones with special conditions use of territories whose regime provides for restriction of the placement of capital construction projects based on an assessment of their impact on the object, territory, for the purpose of protecting which a zone with special conditions for the use of the territory has been established, or based on an assessment of the impact of the object, territory, for the purpose of protecting which a zone with special conditions has been established conditions for the use of the territory, for the capital construction object being located, cultural heritage objects of regional and local significance (if, when carrying out work to preserve a cultural heritage object of regional or local significance, the structural and other reliability and safety characteristics of the specified object are affected) and the results of engineering surveys, carried out for the preparation of such design documentation, and design documentation of objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, objects used for the disposal and (or) neutralization of waste of hazard classes I - V, are subject to state examination.

(Part 3.4 introduced by Federal Law dated November 28, 2011 N 337-FZ; as amended by Federal Laws dated December 29, 2014 N 458-FZ, dated August 3, 2018 N 321-FZ, dated August 3, 2018 N 342-FZ)

3.5 - 3.7. Lost power. - Federal Law of August 3, 2018 N 342-FZ.

4. State examination of design documentation and state examination of engineering survey results are carried out by a federal executive body, an executive body of a constituent entity of the Russian Federation authorized to conduct state examination of design documentation, or state (budgetary or autonomous) institutions subordinate to these bodies, the State Atomic Energy Corporation "Rosatom".

(as amended by Federal Laws dated December 18, 2006 N 232-FZ, dated July 24, 2007 N 215-FZ, dated July 2, 2013 N 188-FZ, dated August 3, 2018 N 342-FZ)

4.1. State examination of the design documentation of all objects specified in paragraph 5.1 of Article 6 of this Code, and state examination of the results of engineering surveys carried out for the preparation of such design documentation, unless otherwise established by the Federal Law "On the Entry into Force of the Town Planning Code of the Russian Federation", carried out by the federal executive body specified in paragraph one of part 3 of article 6.1 of this Code, or a state (budgetary or autonomous) institution subordinate to it, except for the cases specified in part 4.8 of this article, or cases if by decree of the President of the Russian Federation in relation to objects defense and security or a regulatory legal act of the Government of the Russian Federation in relation to objects, the construction, reconstruction of which is supposed to be carried out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, as well as in relation to objects used for the disposal and (or) neutralization of waste of hazard classes I - V, capital construction projects classified in accordance with the legislation in the field of environmental protection as objects of category I, other federal executive authorities have been identified.

(Part 4.1 was introduced by Federal Law dated December 18, 2006 N 232-FZ, as amended by Federal Laws dated July 24, 2007 N 215-FZ, dated December 30, 2008 N 309-FZ, dated November 28, 2011 N 337-FZ, dated July 2. 2013 N 188-FZ, dated July 21, 2014 N 219-FZ (as amended on December 25, 2018), dated December 29, 2014 N 458-FZ)

4.2. State examination of design documentation of other capital construction projects and state examination of the results of engineering surveys carried out for the preparation of such design documentation are carried out by the executive authority of a constituent entity of the Russian Federation or a subordinate state (budgetary or autonomous) institution at the location of the land plot on which construction is planned. , reconstruction of a capital construction facility.

(as amended by Federal Laws dated July 24, 2007 N 215-FZ, dated November 28, 2011 N 337-FZ)

4.3. Non-state examination of design documentation and (or) non-state examination of engineering survey results is carried out by legal entities that meet the requirements established by Article 50 of this Code.

(Part 4.3 introduced by Federal Law dated November 28, 2011 N 337-FZ)

4.4. Executive authorities, as well as institutions subordinate to them, State Corporation on atomic energy "Rosatom", which are specified in parts 4 - 4.2 of this article, do not have the right to participate in the implementation of architectural and construction design and (or) engineering surveys.

(Part 4.4 introduced by Federal Law dated November 28, 2011 N 337-FZ, as amended by Federal Laws dated July 2, 2013 N 188-FZ, dated August 3, 2018 N 342-FZ)

4.5. Legal entities specified in part 4.3 of this article do not have the right to conduct a non-state examination of design documentation and (or) a non-state examination of the results of engineering surveys, if the preparation of such design documentation and (or) the implementation of such engineering surveys was carried out by these legal entities. Violation of this requirement is grounds for revocation of accreditation of these legal entities for the right to conduct non-state examination of design documentation and (or) non-state examination of engineering survey results.

(Part 4.5 introduced by Federal Law dated November 28, 2011 N 337-FZ)

ConsultantPlus: note.

Regulations of Part 4.6 of Art. 49 does not apply until 01/01/2020 to state examination to assess the reliability of the determination estimated cost, carried out by experts who have the right to verify accuracy in accordance with this document (as amended, valid until 01/01/2019).

4.6. Preparation of conclusions of the state examination of design documentation and (or) state examination of the results of engineering surveys and non-state examination of design documentation and (or) non-state examination of the results of engineering surveys has the right to be carried out by individuals certified in accordance with Article 49.1 of this Code, in the area of ​​activity of the expert specified in qualification certificate.

(Part 4.6 introduced by Federal Law dated November 28, 2011 N 337-FZ)

4.7. Individuals, certified for the right to prepare expert opinions on design documentation and (or) engineering survey results in accordance with Article 49.1 of this Code, do not have the right to participate in such an examination if there is a personal interest in the results of such an examination, including if in the preparation of project documentation and ( or) the said persons personally or their close relatives (parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren), spouse, participated in the execution of engineering surveys.

(Part 4.7 introduced by Federal Law dated November 28, 2011 N 337-FZ)

4.8. State examination of design documentation for capital construction projects of federal nuclear organizations and state examination of the results of engineering surveys carried out to prepare such design documentation are carried out by the State Atomic Energy Corporation Rosatom.

(Part 4.8 introduced by Federal Law dated July 2, 2013 N 188-FZ; as amended by Federal Law dated August 3, 2018 N 342-FZ)

5. The subject of the examination of the results of engineering surveys is to assess the compliance of such results with the requirements of technical regulations. The subject of the examination of design documentation is:

1) assessment of compliance of project documentation with the requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electrical power systems and facilities electric power industry, the requirements for anti-terrorist security of the facility, the design instructions of the developer or technical customer, the results of engineering surveys, with the exception of cases of state examination of the design documentation of capital construction projects specified in part 2 of this article, and the design documentation specified in part 3 of this article, in in accordance with paragraph 1 of part 3.3 of this article. When conducting a state examination of project documentation in respect of which a state environmental examination is being carried out, an assessment of the compliance of the project documentation with requirements in the field of environmental protection is not carried out;

2) checking the reliability of determining the estimated cost of construction of capital construction projects in the cases established by part 2 of Article 8.3 of this Code.

(Part 5 as amended by Federal Law dated 03.08.2018 N 342-FZ)

5.1. When conducting an examination of design documentation prepared using cost-effective reuse design documentation, sections of the design documentation that have not been amended are not assessed for compliance of these sections with the requirements of technical regulations.

(Part 5.1 introduced by Federal Law dated 07/03/2016 N 368-FZ; as amended by Federal Law dated 08/03/2018 N 342-FZ)

5.2. When conducting an examination of the design documentation of a capital construction project that is not a linear facility, an assessment is made of its compliance with the requirements specified in Part 5 of this article and in force on the date of issuance of the urban planning plan of the land plot, on the basis of which such design documentation was prepared, provided that with no more than one and a half years have passed since the specified date. When conducting an examination of design documentation linear object(except for cases where the construction or reconstruction of a linear facility does not require the preparation of territory planning documentation), its compliance with the requirements specified in Part 5 of this article and in force on the date of approval of the territory planning project, on the basis of which such project documentation was prepared, is assessed, provided that no more than one and a half years have passed since the specified date. If more than one and a half years have passed since the date of issuance of the urban planning plan of the land plot or the date of approval of the territory planning project, during the examination of the project documentation, an assessment is made of its compliance with the requirements specified in Part 5 of this article and in force on the date of receipt of the project documentation for examination. When conducting an examination of the design documentation of a linear facility, for the construction or reconstruction of which preparation of territory planning documentation is not required, the compliance of this design documentation with the requirements specified in Part 5 of this article and in force on the date of receipt of the design documentation for examination is assessed.

(Part 5.2 introduced by Federal Law dated August 3, 2018 N 340-FZ)

5.3. Design documentation and (or) results of engineering surveys, as well as other documents necessary for the examination of design documentation and (or) results of engineering surveys, are submitted to electronic form, except for cases where the documents required for the state examination of design documentation and (or) engineering survey results contain information constituting a state secret.

(Part 5.3 introduced by Federal Law dated August 3, 2018 N 342-FZ)

5.4. The executive authority or organization that carried out the examination of design documentation and (or) engineering survey results ensures non-disclosure of design decisions and other confidential information that became known to this executive authority or this organization in connection with the examination, except in cases where specified information subject to inclusion in state Information Systems or direction to authorized bodies, organizations in accordance with this Code and other federal laws.

(Part 5.4 introduced by Federal Law dated August 3, 2018 N 342-FZ)

5.5. In the event that, after receiving a positive conclusion from the state examination of the design documentation, within the framework of which the conformity of the design documentation was assessed to the extent provided for in paragraph 1 of part 5 of this article, it is necessary to verify the reliability of the determination of the estimated cost of construction of capital construction projects in the cases established by part 2 of the article 8.3 of this Code, an additional state examination of the design documentation is carried out in the amount provided for in paragraph 2 of part 5 of this article (provided that no changes have been made to the design documentation).

(Part 5.5 introduced by Federal Law dated August 3, 2018 N 342-FZ)

6. It is not allowed to conduct any other examinations of project documentation, with the exception of the examination of project documentation provided for in this article, the state historical and cultural examination of project documentation for carrying out work to preserve cultural heritage sites, as well as the state environmental examination of design documentation for objects whose construction or reconstruction is expected carry out in the exclusive economic zone of the Russian Federation, on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea of ​​the Russian Federation, within the boundaries of specially protected natural areas, in the Baikal natural territory, design documentation of facilities used for disposal and (or) disposal of waste I - V hazard classes, artificial land plots on water bodies, design documentation of objects classified in accordance with the legislation in the field of environmental protection as objects of category I, with the exception of design documentation of drilling wells created on a land plot provided to the subsoil user and necessary for regional geological study, geological study, exploration and production of oil and natural gas.

(as amended by Federal Laws dated December 31, 2005 N 210-FZ, dated December 18, 2006 N 232-FZ, dated May 16, 2008 N 75-FZ, dated December 30, 2008 N 309-FZ, dated July 18, 2011 N 243-FZ , dated July 19, 2011 N 246-FZ, dated November 28, 2011 N 337-FZ, dated June 28, 2014 N 181-FZ, dated July 21, 2014 N 219-FZ (as amended on December 25, 2018), dated October 22, 2014 N 315 -FZ, dated December 29, 2014 N 458-FZ, dated August 3, 2018 N 321-FZ)

6.1. To carry out the state examination of design documentation and the state environmental examination of design documentation of objects, the construction or reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas, in the Baikal natural territory, such design documentation in the manner established by the Government of the Russian Federation is submitted in:

1) federal executive body authorized to carry out state examination of design documentation in relation to objects, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas of federal significance, in the Baikal natural territory, and in relation to particularly dangerous, technically complex and unique objects , defense and security facilities, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, in cases where the construction and reconstruction of such objects within the boundaries of specially protected natural areas are permitted by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation;

(as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated June 28, 2014 N 181-FZ, dated August 3, 2018 N 321-FZ)

2) the executive body of the constituent entity of the Russian Federation authorized to carry out state examination of design documentation in relation to objects, the construction, reconstruction of which is supposed to be carried out within the boundaries of specially protected natural areas of regional and local significance, with the exception of design documentation of objects specified in paragraph 1 of this part .

(as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated August 3, 2018 N 321-FZ)

(Part 6.1 introduced by Federal Law dated May 16, 2008 N 75-FZ)

6.2. The federal executive body, the executive body of the constituent entity of the Russian Federation, the State Atomic Energy Corporation "Rosatom", authorized to conduct state examination of design documentation and, in accordance with Part 4 of this article, carrying out such state examination, send the design documentation of the facilities submitted by the developer or technical customer , specified in subparagraph 7.1 of Article 11 and subparagraph 4.1 of Article 12 of the Federal Law of November 23, 1995 N 174-FZ “On Environmental Expertise”, for state environmental expertise in the manner established by this Federal Law.

(Part 6.2 introduced by Federal Law dated May 16, 2008 N 75-FZ, as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated July 2, 2013 N 188-FZ, dated August 3, 2018 N 342-FZ)

6.3. The results of the state examination of project documentation and the state environmental examination of design documentation of objects, the construction and reconstruction of which are supposed to be carried out within the boundaries of specially protected natural areas in the Baikal natural territory, are the corresponding conclusions.

(Part 6.3 introduced by Federal Law dated May 16, 2008 N 75-FZ, as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated June 28, 2014 N 181-FZ, dated August 3, 2018 N 321-FZ)

7. The duration of the state examination is determined by the complexity of the capital construction project, but should not exceed forty-two working days. This period may be extended at the request of the developer or technical customer by no more than twenty working days.

(as amended by Federal Laws dated December 31, 2005 N 210-FZ, dated November 28, 2011 N 337-FZ, dated July 3, 2016 N 368-FZ, dated August 3, 2018 N 342-FZ)

ConsultantPlus: note.

Provisions of Part 7.1 of Art. 49 (as amended by Federal Law No. 342-FZ dated 03.08.2018) do not apply to examination conclusions prepared in relation to design documentation and (or) engineering survey results submitted for such examination before the start of maintaining a unified state register of conclusions.

7.1. It is not allowed to issue an expert opinion on design documentation and (or) the results of engineering surveys before information about such a conclusion is included in the unified state register of expert opinions on design documentation for capital construction projects, except in cases where the documents required for the state expert examination of project documentation and (or) the results of engineering surveys contain information constituting a state secret.

(Part 7.1 introduced by Federal Law dated 07/03/2016 N 368-FZ; as amended by Federal Law dated 08/03/2018 N 342-FZ)

8. The grounds for refusal to accept design documentation and (or) the results of engineering surveys aimed at examination are:

(as amended by Federal Law dated November 28, 2011 N 337-FZ)

1) the absence of sections in the design documentation that are subject to inclusion in such documentation in accordance with the requirements established by the Government of the Russian Federation;

(as amended by Federal Law dated August 3, 2018 N 342-FZ)

2) preparation of project documentation by a person who does not meet the requirements specified in parts 4 and 5 of Article 48 of this Code;

3) the absence of the results of engineering surveys specified in Part 6 of Article 47 of this Code, or the absence of a positive conclusion from the examination of the results of engineering surveys (if the results of engineering surveys were sent for examination before the design documentation was sent for examination);

(as amended by Federal Law dated November 28, 2011 N 337-FZ)

4) non-compliance of the results of engineering surveys with the composition and form established in accordance with Part 6 of Article 47 of this Code;

5) execution of engineering surveys, the results of which are sent for examination, by a person who does not meet the requirements specified in parts 2 and 3 of Article 47 of this Code;

(as amended by Federal Law dated November 28, 2011 N 337-FZ)

6) sending for examination not all documents provided for by the Government of the Russian Federation in accordance with Part 11 of this article;

(as amended by Federal Law dated November 28, 2011 N 337-FZ)

7) sending design documentation and (or) engineering survey results to an executive authority, a state institution, if, in accordance with this Code, the state examination of such design documentation and (or) engineering survey results is carried out by another executive authority, another state institution;

9. The result of the examination of the results of engineering surveys is a conclusion on compliance (positive conclusion) or non-compliance (negative conclusion) of the results of engineering surveys with the requirements of technical regulations. The result of the examination of project documentation is the conclusion:

1) on compliance (positive conclusion) or non-compliance (negative conclusion) of the design documentation with the results of engineering surveys, the design assignment, the requirements provided for in paragraph 1 of part 5 of this article (except for cases of examination of design documentation in accordance with paragraph 1 of part 3.3 of this article );

2) on the reliability (positive conclusion) or unreliability (negative conclusion) of determining the estimated cost of construction of capital construction projects in the cases established by part 2 of Article 8.3 of this Code.

(Part 9 as amended by Federal Law dated August 3, 2018 N 342-FZ)

10. A negative expert opinion may be challenged by the developer or technical customer in court. The developer or technical customer has the right to re-submit the design documentation and (or) the results of engineering surveys for examination after making the necessary changes to them.

(as amended by Federal Laws dated December 31, 2005 N 210-FZ, dated November 28, 2011 N 337-FZ)

11. The procedure for organizing and conducting state examination of design documentation and state examination of engineering survey results, non-state examination of design documentation and non-state examination of engineering survey results, the amount of fees for conducting state examination of design documentation and state examination of engineering survey results, the procedure for collecting this fee are established by the Government of the Russian Federation Federation.

(as amended by Federal Laws dated November 28, 2011 N 337-FZ, dated July 3, 2016 N 368-FZ, dated August 3, 2018 N 342-FZ)

12. In case of disagreement with the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys, the developer, technical customer or their representative, within three years from the date of approval of such a conclusion, has the right to appeal it to the expert commission created by the federal executive body exercising the functions of development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning, in the manner established by the specified federal executive body. The decision of such an expert commission to confirm or not confirm the conclusion of the state examination or non-state examination is mandatory for the body or organization that carried out the relevant examination of the design documentation and (or) examination of the results of engineering surveys, the developer, the technical customer.

(Part 12 introduced by Federal Law dated November 28, 2011 N 337-FZ; as amended by Federal Law dated July 26, 2017 N 191-FZ)

13. The decision of the expert commission specified in Part 12 of this article to confirm or not confirm the conclusion of the examination of design documentation and (or) examination of the results of engineering surveys may be appealed in court.

(Part 13 introduced by Federal Law dated November 28, 2011 N 337-FZ)

Town Planning Code (GrK) of the Russian Federation specializes in regulating urban planning activities aimed at developing urban areas, various settlements and individual (related to these works, services) relations. Helps ensure sustainable development of territories based on territorial planning and urban zoning. Controls the balance of taking into account economic, environmental, social, etc. factors when carrying out urban planning work. Proclaims the provision of persons with disabilities with appropriate conditions for their unhindered access to objects for various purposes. Raises issues such as the participation of people and their associations in the implementation of urban planning, ensuring the freedom of such participation, the responsibility of government bodies of our country, government agencies of the constituent entities of the Russian Federation and local governments for ensuring decent living conditions for people, etc.