- the most important document accompanying the procedure for official registration of construction at the initial stage. Consider comprehensively the issues related to this topic.
What is the state examination of project documentation?
Construction is a complex and costly process that requires careful calculations (both technical and material). That is why any construction begins not with the laying of the foundation, but with the development of the project.
Project documentation is a set of text documents, diagrams and cartographic materials necessary to determine the architectural, functional, technological, structural and engineering and technical characteristics of the planned construction object. However, it is not enough to simply develop project documentation. It is necessary that the formed project work is evaluated by specialists. For this, the project documentation is submitted for examination.
Examination of project documentation (can be carried out as government organization and non-state) is a set of studies established by law, carried out in relation to the developed project to determine its compliance with the current legislative and technical standards and requirements. During the examination, the following can be identified:
- significant violations of the norms of the current legislation;
- violations that can cause loss of strength and destruction of the structure;
- violations, potentially dangerous with possible emergencies.
- In addition, a necessary stage that precedes the actual start of construction of the planned facility is the preparation and receipt of:
- project documentation;
- positive expert opinion;
- building permits.
Thus, the purpose of the examination is not only to identify errors and inconsistencies made in the design, but also to obtain a favorable opinion necessary for obtaining a building permit.
What is the result of the examination of project documentation (both state and non-state)?
Based on the results of the expert analysis of the project documentation, a conclusion is issued, which contains one of the conclusions:
- The documentation complies with the existing requirements, norms and regulations (such a conclusion speaks of positive conclusion of the examination of project documentation).
- The documentation does not meet the necessary requirements and standards (such a conclusion will be negative).
Issues related to the examination of project documentation, including the procedure for drawing up an opinion on the results of research, are reflected in sufficient detail in the legislation. The regulations governing this area of construction include:
- Urban Planning Code of the Russian Federation;
- Government Decree “On approval of the regulation on the organization and conduct of state expertise project documentation ... "dated March 31, 2012 No. 272;
- Government Decree "On the procedure for organizing and conducting state examination of project documentation ..." dated March 5, 2007 No. 145;
- Order of the Ministry of Construction of Russia "On approval of the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation ..." dated December 9, 2015 No. 887 / pr.
In this regard, special attention is paid to the rules for drawing up an opinion: in form and content, it must comply with the rules established by law.
Form and content of the expert opinion
The conclusion is a document in paper or in electronic format... At the same time, the same form is provided for both a positive and a negative result of the expert work. These conclusions differ only in the text on the title page, where the title includes both results: "Positive (negative) expert opinion" (the unclaimed option is crossed out).
The expert opinion consists of the following sections:
- General Provisions.
- Basis for the development of project documentation.
- Description of the materials considered.
- Conclusions.
Conclusions are what the expertise is for. It is in them that it is indicated whether the project documentation complies with the established norms and requirements or not. Moreover, each summary of non-compliance must be substantiated by references to regulatory documents.
In the conclusion, blots, postscripts, any other corrections or damage to the text that do not make it possible to unambiguously understand the result of the expert work are not allowed. The conclusion in paper form must consist of numbered sheets stitched together and be certified by the seal of the organization that carried out the examination. In electronic form, the document is generated in PDF format.
The conclusion is signed by experts indicating:
- surname, name, patronymic;
- positions;
- directions of activity according to the qualification certificate;
- section of the project documentation, for which the expert prepared the conclusion.
The document is approved by the head of the expert organization. If the conclusion is prepared in electronic form, then it is approved by the enhanced qualified electronic signature of the head. The title page of the conclusion is drawn up in accordance with the sample - an appendix to order No. 887 / pr.
How can you increase your chances of getting a positive opinion?
In order to eventually become the owner positive conclusion of the examination of project documentation, you must first of all approach the development of this very documentation with all seriousness. The Urban Planning Code determines that either the developer himself or the contractor involved by him on the basis of the contract can prepare the project documentation. At the same time, clause 4 of Art. 48 of the Code establishes that the types of work in the development of project documentation that affect the safety of capital construction objects should be carried out only by individual entrepreneurs or legal entities admitted to such work (this is confirmed by a special certificate). If the developer is not sure of the competence of his specialists, it is better to entrust the preparation of project documentation to professionals who provide such services.
The next step towards obtaining a positive expert opinion is the choice of the institution that will conduct the examination. Legislation, with the exception of a small number of cases when only state examination is allowed, leaves the customer the right to choose an expert institution and type of examination.
If the choice falls on a non-governmental institution that provides services for the conduct of expert work, it is necessary to check the availability of accreditation from the organization for carrying out the expert examination. Accreditation is confirmed by the relevant certificate issued Federal Service on accreditation (Rosaccreditation), as well as the presence of the data of the expert institution in the Register of accredited organizations. Information from the register can be obtained on the Russian Accreditation website at: http://fsa.gov.ru/.
What if the result of the examination is negative?
If the obtained result of the examination, despite all the efforts applied to the preparation of the project documentation, turned out to be negative, there are several options to remedy the situation:
- With the help of lawyers, draw up statement of claim and go to court, trying to challenge the results of the examination. At the same time, you need to understand that this option contains 2 negative points:
- the length and cost of litigation;
- lack of guarantees of obtaining a court decision in favor of the plaintiff-developer.
- Contact the specialists and finalize the project documentation in accordance with the comments of the experts. The only negative aspect of this option is the additional costs for the services of professionals to revise the project documentation.
- To appeal the opinion of experts to the Ministry of Regional Development in the manner approved by the order of the Ministry of Regional Development of Russia dated March 23, 2012 No. 126. According to this document, a complaint about the result of expert studies of the project can be filed within 3 years from the date of approval of the opinion. In response to a complaint, the ministry organizes an expert commission of 5 specialists, which, within 30 days (or 60 in case of an extension of the consideration period), must make one of the following decisions:
- on the confirmation of the expert opinion;
- non-confirmation of the expert opinion.
The decision of the expert commission is mandatory for the expert organization that issued the controversial opinion.
As you can see, in order to obtain a positive expert opinion on project documents, it is necessary not only to conduct a serious and responsible preparatory work, but also to calculate the procedure for further actions to protect their rights and interests (in case the result of the work of the expert organization is a negative conclusion).
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Hello friends! Today on the blog I will start a new section on the topic "Examination of design documentation". I ask you to answer in the comments if you are interested in this topic and whether it is worth touching on it on the blog. For me, it's definitely worth it, but still I want to know the opinion of my readers.
In this article, you will learn:
- What is the examination of project documentation
- What is the regulation of the examination
- For which projects is the expertise carried out?
- What is the difference between state expertise and non-state
- Terms of examination
Honestly, before I came to work at the GOS inspection, I had no idea what an examination of project documentation was. I think that many foremen and foremen, even engineers of the OKS and VET, also do not know what it is. So let's get down to exploring.
Expertise of project documentation- this is an assessment of the compliance of project documentation with the requirements of technical regulations, including sanitary and epidemiological, environmental requirements, the requirements of state protection of cultural heritage objects, the requirements of fire, industrial, nuclear, radiation and other safety, as well as the results of engineering surveys, and an assessment of the compliance of the results of engineering research to the requirements of technical regulations.
Quite a dreary definition, if for a simple one, then an examination is when certified specialists check the project documentation for compliance with its legal requirements.
Friends, by law, namely the Urban Planning Code Russian Federation, it was found that the design documentation is subject to mandatory examination. But this is not always the case, but we will talk about this below.
That is, after drawing up the project, you need to undergo an examination and only after receiving a positive opinion, you can approve the project for construction or reconstruction.
The SRO approval from the design organization is not all, it is necessary that the project also undergo an examination. This is very important, friends, because without this conclusion you will not be given a building permit.
It should be noted that not only project documentation is subject to examination, but also engineering surveys, on the basis of which the project was developed.
What is regulated?
Master examines the project
The examination is described in detail in article 49 of the Civil Code of the Russian Federation and in the "Regulations on the organization and conduct of state examination of project documentation and the results of engineering surveys", approved by the Government of the Russian Federation of March 05, 2007 No. 145.
A sample of the finished expert opinion
Below I have prepared for you a sample of a ready-made positive conclusion of the examination of project documentation so that you have some idea.
For which projects is the expertise carried out?
It is easier to say in respect of which projects the expertise is not carried out. And which projects are not subject to mandatory expert examination is indicated in parts 2, 2.1, 3, 3.1 of Art. 49 Civil Code of the Russian Federation.
And all the rest must necessarily undergo an examination, otherwise it will be a serious violation of urban planning legislation.
Friends, do not be lazy to read the 49 article and the above-mentioned parts from this article. Since it makes no sense to describe everything that is written on the blog.
Well, briefly, the projects do not pass the examination:
Here you should know that there are some more subtleties:
If the construction, reconstruction of the above objects is carried out within the boundaries security zones pipe transport facilities, an examination is required.
And one more subtlety:
What is the difference between state expertise and non-state expertise?
Previously, there was no such difference - there was only a state examination. Let me tell you a secret - there was much more order in the examination.
But at the top they decided that in order to speed up the process, it is necessary to allow a non-state examination as well. And now the developer has the right to send project documentation for state expertise and non-state. This is indicated in Part 3.3 of Art. 49 Civil Code of the Russian Federation:
Excerpt from the Urban Planning Code of the Russian Federation, part 3.3 of Art. 49 Civil Code of the Russian Federation
But at the same time, you need to know that in some cases, only the state examination of the project can be passed. This is indicated in part 3.4 of the Civil Code of the Russian Federation:
Excerpt from the Urban Planning Code of the Russian Federation, part 3.4 of Art. 49 Civil Code of the Russian Federation
So what are the differences?
And the difference is that the state examination can only be passed at the location land plot on which you are going to build. That is, they decided to build in Chuvashia, pass the state examination in Chuvashia, they decided in Tatarstan - go to Tatarstan. All clear? If not, then ask questions in the comments.
You can be convinced of this from Part 4.2 of the Civil Code of the Russian Federation:
Excerpt from the Urban Planning Code of the Russian Federation, part 4.2 of Art. 49 Civil Code of the Russian Federation
But the non-state one can be held in any region of the Russian Federation.
Well, the most important difference between these two examinations is that the price for conducting a state examination is set by the state. And below this price, a state examination cannot be carried out.
This is where all the charm of non-state expertise for developers lies, since its cost is almost always lower.
I do not know the exact difference in cost, but somehow one developer told me that for some reason he had to go through a state examination and it cost him 480,000 rubles, while a non-state one was ready to conduct an examination for 180,000 rubles. I think the order of prices is clear.
And very often it happens that in non-state expertise they work much faster and the atmosphere is also generally more pleasant. All the same commercial organization must withstand competition, and the service has not been canceled.
Timing
The deadlines for passing the state examination are set in part 7 of Art. 49 of the Civil Code of the Russian Federation and it should not exceed sixty days.
Excerpt from the Urban Planning Code of the Russian Federation, part 7 of Art. 49 Civil Code of the Russian Federation
Non-governmental usually always works faster. Competition, you know, keeps you awake.
Previously, the period for passing the examination was 90 days and only the state one. Can you imagine how long it takes. And you have to pay for the lease of land, the money is dripping.
Friends, I have only superficially considered the issue of the examination of design documentation and engineering surveys. I advise you to carefully read article 49 of the Urban Planning Code, where everything is written in detail about this. In fact, there are a lot of subtleties there. Well, if you have any questions, then feel free to ask them in the comments.
Free download:
P.p.s. Friends, I would also like to recommend you the "Generator and Supplementary documentation - Generator-ID "from ispolnitelnaya.com... The program is so simple and powerful that it will save you a lot of time. I advise everyone to read it !!!
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION
On approval of the Requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and (or) the results of engineering surveys
In accordance with clause 37 of the Regulation on the organization and conduct of state examination of project documentation and the results of engineering surveys, approved by Resolution of the Government of the Russian Federation dated March 5, 2007 N 145 (Collected Legislation of the Russian Federation, 2007, N 11, Article 1336; 2008, N 47, article 5481; 2013, No. 39, article 4992; 2014, No. 13, article 1479; 2018, No. 13, article 1779), subparagraph 5.2.21 of paragraph 5 of the Regulation on the Ministry of Construction and Housing and Communal Services of the Russian Federation, approved by the decree of the Government of the Russian Federation of November 18, 2013 N 1038 (Collected Legislation of the Russian Federation, 2013, N 47, Art. 6117; 2014, N 12, Art. 1296; N 40, Art. 5426; N 50, Art. .7100; 2015, No. 2, article 491; No. 4, article 660; No. 23, article 3334; No. 24, article 3479; No. 46, article 6393; No. 47, article 6586, article 6601 ; 2016, N 2, Art.376; N 41, Art. 5837; N 47, Art. 6673; N 48, Art. 6766; N 50, Art. 7112; 2017, N 1, Art. 185; N 8, Art. 1245; N 32, Art. 5078; N 33, Art. 5200; N 49, Art. 7468; N 52, Art. 8137; 2018, N 24, 3537),
I order:
1. Approve in accordance with the appendix to this order.
2. To recognize as invalid the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of December 9, 2015 N 887 / pr "On approval of the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and (or) the results of engineering surveys" ( registered by the Ministry of Justice of the Russian Federation on December 29, 2015, registration N 40333).
3. Control over the implementation of this order shall be entrusted to the Deputy Minister of Construction, Housing and Communal Services of the Russian Federation Kh.D. Mavliyarov.
V. V. Yakushev
Registered
at the Ministry of Justice
Russian Federation
registration N 51946
Requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and (or) the results of engineering surveys
APPROVED BY
by order of the Ministry of Construction
and housing and communal services
Russian Federation
Requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and (or) the results of engineering surveys
1. These Requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and (or) the results of engineering surveys (hereinafter referred to as the Requirements) determine the requirements for the composition, content and procedure for issuing the conclusion of the state examination of project documentation and (or) the results of engineering surveys in in relation to capital construction projects specified in parts 1 and 2.1 of article 49 of the Town Planning Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, article 16; 2006, No. 1, article 21; No. 52, article 5498; 2007, 31, Art 4012; N 50, Art 6237; 2008, N 20, Art. 2260; N 30, Art. 3604; 2009, N 1, Art. 17; 2011, N 30, Art. 4591, 4594, 4605; N 49, Art. 7015; 2013, N 27, Art. 3480; 2014, N 26, Art. 3387; N 43, Art. 5799, 2015, N 1, Art. 11, 86; 2016, N 1, 22; N 27, Art. 4301; 2017, N 31, Art. 4740; 2018, N 1, 91; N 18, Art. 2559), as well as design documentation prepared for overhaul highways common use(hereinafter - the expert opinion).
2. When the applicant submits documents in electronic form for the examination, the examination conclusion is drawn up in the form of an electronic document in pdf format, as well as in the form of a paper document, if this is provided for in the application and (or) the contract.
If the documents for the examination are presented on paper, the expert opinion is drawn up on paper.
3. Requirements for the composition, content and procedure for drawing up an expert opinion shall be established in relation to the following objects of expert examination:
1) the results of engineering surveys;
2) project documentation;
3) project documentation and engineering survey results.
4. The expert opinion must contain a title page, as well as the following sections:
1) general provisions and information on the conclusion of the expert examination;
2) information contained in the documents submitted for the examination of project documentation;
3) information contained in the documents submitted for the examination of the results of engineering surveys;
4) a description of the reviewed documentation (materials);
5) conclusions based on the results of consideration.
5. The title page of the expert opinion must contain the following information:
1) the number of the expert opinion;
2) information on the approval of the expert opinion (position, surname, first name, patronymic (the last name, if any) and the signature of the person who approved the expert opinion, the date of such approval, the seal of the organization for carrying out the expert examination);
3) the result of the expert examination (positive or negative expert opinion);
4) information about the object of expertise (object of expertise, name of the object of expertise in accordance with the project documentation, report on the results of engineering surveys).
6. With regard to expert opinions, information about which is to be included in the unified state register of expert opinions on design documentation for capital construction projects (hereinafter referred to as the Register) in accordance with clauses 7 and 16 of the Rules for the formation of a unified state register of expert opinions on design documentation for capital construction projects approved by a resolution Of the Government of the Russian Federation of July 24, 2017 N 878 "On the procedure for the formation of a unified state register of expert opinions on design documentation for capital construction projects and amending the Decree of the Government of the Russian Federation of March 5, 2007 N 145" (Collected Legislation of the Russian Federation, 2017, 32, Art.5068; 2018, N 1, Art.365), the number of the expert opinion specified in subparagraph 1 of paragraph 5 of the Requirements is assigned by the operator maintaining the Register when the information on the expert opinion is included in the Register.
This column is not included in the text of the examination conclusion prepared in the form of an electronic document by the examination organization, and the number of the examination report is assigned by the operator maintaining the Register by generating an electronic document. The text of the examination report, prepared in the form of an electronic document, signed with enhanced qualified electronic signatures of experts and approved by the head of the examination organization (or by an official authorized by the head), and the number of the examination opinion assigned to him when included in the Register are combined by forming an electronic document in xml format signed by an enhanced qualified electronic signature of the operator. At the same time, in the case of issuing an expert opinion also in the form of a document on paper (if provided for in the application and (or) the agreement on the conduct of the state expert examination), this column in the text of the expert opinion must be completed by the expert organization on the basis of the information on the number of the expert opinion included into an electronic document.
7. In the conclusion of the examination, information about which is not subject to inclusion in the Register, the number of the examination conclusion is drawn up Arabic numerals and has the following structure:
a) the first two squares indicate the number of the constituent entity of the Russian Federation, on the territory of which the capital construction object is planned for construction (reconstruction) (the numbers of the constituent entities of the Russian Federation are indicated in accordance with the appendix to the Procedure for maintaining the unified state register of expert opinions on the design documentation of capital construction facilities and the provision of contained it contains information and documents approved by order of the Ministry of Construction of Russia dated February 22, 2018 N 115 / pr (registered with the Ministry of Justice of Russia on March 26, 2018, registration N 50499). , the number "00" is indicated;
b) in the fourth square, the form of the examination is indicated (in the case of a state examination, the number "1" is put down, in the case of a non-state examination - the number "2");
c) in the sixth square, the result of the examination is indicated (with a positive conclusion, the number "1" is put down, with negative opinion- the number "2" (in the cases specified in subparagraph "b" of paragraph 34 of the Regulation on the organization and conduct of state examination of project documentation and the results of engineering surveys, approved by the Government of the Russian Federation of March 5, 2007 N 145 (Collection of laws of the Russian Federation, 2007, N 11, Art.1336; 2013, N 17, 1958; 2018, N 13, Art. 1779) (hereinafter - the Regulation on the organization and conduct of state expertise), or the number "3" (in the cases specified in subparagraphs " a "and" c "of clause 34 of the Regulation on the organization and conduct of state expertise);
d) in the eighth square, information about the object of examination is indicated (the results of engineering surveys - the number "1", the design documentation - the number "2", the design documentation and the results of the engineering surveys - the number "3");
e) in the tenth - thirteenth squares - the ordinal number of the issued conclusion (the numbers are put down, starting with the rightmost square, while the number "0" is put in the remaining free squares. starts with the number "0001");
f) in the fifteenth and sixteenth squares - the last two digits of the year of issue of the conclusion.
8. Section "General provisions and information on the conclusion of the examination" includes the following information:
1) information about the organization for the examination;
2) information about the applicant, developer, technical customer;
3) the grounds for the examination (details of the application and the agreement on the examination);
4) information about the conclusion of the state environmental impact assessment (number and date of issue of the conclusion, the body (organization) that approved the conclusion (indicated in relation to objects for which the state environmental impact assessment is provided);
5) information on the composition of documents submitted for the examination (list of documents submitted by the applicant for the examination).
9. The section "Information contained in the documents submitted for the examination of project documentation" includes:
1) subsection "Information about the capital construction object, in relation to which the project documentation has been prepared", containing the following information (filled in in accordance with the project documentation):
information on the name of the capital construction object, its postal (construction) address or location (if the capital construction object is located within the boundaries of the territory of the Russian Federation, the subject (subjects) of the Russian Federation, the municipal district (municipal districts) on the territory of which the appropriate engineering surveys. sea waters, the territorial sea and the contiguous zone of the Russian Federation, in the exclusive economic zone of the Russian Federation, within the boundaries of the Russian part (Russian sector) of the bottom of the Caspian Sea and the continental shelf of the Russian Federation, the address (location) is indicated in accordance with the information contained in the project documentation);
information about the functional purpose of the capital construction object;
information on the technical and economic indicators of the capital construction object;
2) information about buildings (structures) that are part of a complex object, in relation to which the project documentation has been prepared (to be filled in if an expert opinion is prepared in relation to the project documentation prepared in relation to a complex object (an object that is part of the property complex). name, postal (construction) address (location), functional purpose and projected technical and economic indicators of each building (structure) in accordance with the project documentation. the municipal district (municipal districts), on the territory of which the corresponding engineering surveys were carried out. th sea and the adjacent zone of the Russian Federation, in the exclusive economic zone of the Russian Federation, within the boundaries of the Russian part (Russian sector) of the bottom of the Caspian Sea and the continental shelf of the Russian Federation, the address (location) is indicated in accordance with the information contained in the project documentation);
3) information about the source (sources) and the amount of financing for construction, reconstruction, overhaul of a capital construction object (if the financing of work is supposed to be carried out in full or in part at the expense of budgets budget system Of the Russian Federation, the corresponding level of the budget of the budgetary system of the Russian Federation is indicated in accordance with Article 10 of the Budget Code of the Russian Federation (Collected Legislation of the Russian Federation, 1998, N 31, Art. 3823; 2007, N 18, Art. 2117; 2014, N 43, Art. 5795 , No. 48, Art. 6664; 2018, No. 24, Art. 3409); if the financing of the work is supposed to be carried out in whole or in part at the expense of legal entities created by the Russian Federation, a constituent entity of the Russian Federation, a municipal formation, legal entities, the share in the authorized (pooled) capital of which of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation is more than 50 percent, the corresponding legal entity is indicated. The share of funding from the budgets of the budgetary system of the Russian Federation, as well as funds of legal entities created by the Russian Federation, a constituent entity of the Russian Federation, a municipal formation, legal entities, the share in the authorized (joint-stock) capital of which is of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation is also indicated. is more than 50 percent, as a percentage of the total cost of the project);
4) information about the natural and man-made conditions of the territory on which it is planned to carry out construction, reconstruction, overhaul of the capital construction object (the natural conditions are indicated (including the climatic region and the sub-region, the wind region, the snow region, the intensity of seismic impacts, engineering and geological conditions ) and the technogenic conditions of the territory on which it is planned to carry out the construction, reconstruction of the capital construction facility, indicating the presence of distribution and manifestation of geological and engineering-geological processes (karst, slope processes, mudflows, processing of river banks, lakes, seas and reservoirs, flooding, undermined territories, seismic areas), as well as technogenic impact. any Federation, including in the internal sea waters, the territorial sea and the contiguous zone of the Russian Federation, in the exclusive economic zone of the Russian Federation, within the boundaries of the Russian part (Russian sector) of the bottom of the Caspian Sea and the continental shelf of the Russian Federation, the natural conditions of the territory are indicated in accordance with information contained in the project documentation);
5) information on the estimated cost of construction, reconstruction, overhaul of a capital construction facility (indicated if there is a section "Estimates for the construction of capital construction facilities" in the project documentation in accordance with clause 7 of the Regulation on the composition of sections of project documentation and requirements for their content, approved by the resolution 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; 2010, N 16, Art. 1920; 2018, N 18, article 2630);
6) information about individual entrepreneurs and (or) legal entities that prepared project documentation (indicated in relation to all legal entities and (or) individual entrepreneurs who participated in the preparation of project documentation (sections, subsections, parts of project documentation);
7) information on the use of re-use project documentation in the preparation of project documentation, including cost-effective re-use project documentation (the date and number of the expert opinion issued in relation to the used project documentation are indicated);
8) information about the task of the developer (technical customer) for the development of project documentation (the details of the design task are indicated (name of the body (organization) that issued the document, date, number (if any) if the project documentation was developed on the basis of a work contract);
9) information on the documentation for the planning of the territory, on the availability of permits for deviations from the limit parameters of the permitted construction, reconstruction of capital construction objects (the details of the project for the planning of the territory, the project for land surveying, the town-planning plan of the land plot, as well as permits for the deviation from the limiting parameters of the permitted construction are indicated , reconstruction of capital construction objects (name of the body (organization) that issued the document, date, number);
10) information on the technical conditions for connecting the capital construction object to the networks of engineering and technical support (the details of the technical conditions are indicated (name of the body (organization) that issued the document, date, number).
10. The section "Information contained in the documents submitted for the examination of the results of engineering surveys" is filled in in the event of an examination of the results of engineering surveys and includes the following information:
1) the date of preparation of reporting documentation based on the results of engineering surveys;
2) information on the types of engineering surveys (indicated for basic and special types of engineering surveys);
3) information about the location of the area (site, route) for conducting engineering surveys (in relation to engineering surveys carried out within the boundaries of the territory of the Russian Federation, the subject (subjects) of the Russian Federation, the municipal area (municipal areas), on the territory of which the relevant engineering surveys. In the case of engineering surveys outside the territory of the Russian Federation, including in the internal sea waters, the territorial sea and the contiguous zone of the Russian Federation, in the exclusive economic zone of the Russian Federation, within the boundaries of the Russian part (Russian sector) of the seabed of the Caspian Sea and the continental the shelf of the Russian Federation, the location of the area (site, route) for conducting engineering surveys is indicated in accordance with the information contained in the documents submitted for the examination of the results of engineering surveys);
4) information about the developer (technical customer) who provided the engineering survey (indicated if the developer (technical customer) who provided the engineering survey is not the developer (technical customer) who provided the preparation of the project documentation);
5) information about individual entrepreneurs and (or) legal entities that prepared a technical report based on the results of engineering surveys (indicated in relation to each person who participated in the preparation of a technical report based on the results of engineering surveys);
6) information about the task of the developer (technical customer) for performing engineering surveys (the details of the task for performing engineering surveys are indicated (name of the body (organization) that issued the task for performing engineering surveys, date, number (if any) if engineering surveys were carried out on the basis of a work contract);
7) information about the engineering survey program (the details of the engineering survey program are indicated (name of the organization that issued the engineering survey program, date, number (if any).
11. The section "Description of the reviewed documentation (materials)" includes:
1) subsection "Description of engineering survey results" containing the following information:
the composition of the reporting materials on the results of engineering surveys (taking into account the changes made during the examination);
information on the methods of performing engineering surveys;
information on operational changes made by the applicant to the results of engineering surveys in the course of the examination;
2) subsection "Description of the technical part of the project documentation" containing the following information:
the composition of the project documentation (taking into account the changes made during the examination);
a description of the main decisions (measures) adopted in the project documentation;
information on operational changes made by the applicant to the sections of the project documentation under consideration during the examination.
12. The information specified in paragraph two of subparagraph 1 and paragraph two of subparagraph 2 of paragraph 11 of the Requirements are indicated in accordance with Appendix C GOST R 21.1101-2013 "National standard of the Russian Federation. System of design documentation for construction. Basic requirements for design and working documentation", enacted by order of Rosstandart dated June 11, 2013 N 156-st (M., Standartinform, 2013).
13. The section "Conclusions based on the results of the review" includes:
1) conclusions on the compliance or non-compliance of the engineering survey results with the requirements of technical regulations;
2) conclusions regarding the technical part of the project documentation, containing the following information:
an indication of the results of engineering surveys, for compliance with which the design documentation was assessed;
conclusions on the conformity or inconsistency of the technical part of the project documentation with the results of engineering surveys and the requirements of technical regulations (each conclusion about the discrepancy between the results of engineering surveys and the requirements of technical regulations must contain an indication of a section (and, if necessary, a subsection, part of a section, book, volume) and a sheet of project documentation , in respect of which a conclusion of non-compliance was made, a link to a specific requirement of a technical regulation, another regulatory legal act or a regulatory document used in order to ensure compliance with the requirements of technical regulations, and (or) the results of engineering surveys, the non-compliance with which was revealed during the examination (with indicating a section, article, clause, paragraph of a regulatory legal act or a regulatory document used to ensure compliance with the requirements of technical regulations, or engineering survey materials);
3) general conclusions(the final conclusion on the compliance or non-compliance of the design documentation and (or) the results of engineering surveys with the established requirements is indicated);
4) information about the persons certified for the right to prepare expert opinions, who signed the expert opinion (the last name, first name, patronymic (the latter if available), the direction of activity and position of the person certified for the right to prepare expert opinions (if the specified person is an employee of the expert organization, prepared the expert opinion), or the name and details of the document, which is the basis for involving the specified person in the preparation of the expert opinion.
14. The information specified in subparagraphs 1 and 2 of paragraph 8, subparagraphs 3 and 6 of paragraph 9, subparagraphs 4 and 5 of paragraph 10 of the Requirements include the following data:
a) in relation to an individual - surname, first name, patronymic (the last one, if any), insurance number of an individual personal account in the compulsory pension insurance system, postal address, e-mail address (if any);
b) in relation to an individual entrepreneur - surname, name, patronymic (the latter if any), the main state registration number individual entrepreneur, postal address, e-mail address (if any);
c) in relation to a legal entity, government body, other government body, body local government- full name, taxpayer identification number, main state registration number, registration reason code, location and address, e-mail address (if any).
15. The expert opinion issued in relation to the materials specified in subparagraph 1 of paragraph 3 of the Requirements must contain the information provided for in paragraphs 5, 8, paragraphs three and four of subparagraph 1, subparagraphs 3 and 4 of paragraph 9, paragraph 10, subparagraph 1 of paragraph 11, subparagraphs 1, 3 and 4 of paragraph 13 of the Requirements.
16. The expert opinion issued in relation to the materials specified in subparagraph 2 of paragraph 3 of the Requirements must contain the information provided for in paragraphs 5, 8, 9, subparagraph 2 of paragraph 11, subparagraphs 2-4 of paragraph 13 of the Requirements.
17. The expert opinion issued in relation to the materials specified in subparagraph 3 of paragraph 3 of the Requirements must contain the information provided for by the Requirements in full.
18. The expert opinion must be objective, reasoned and evidentiary. The conclusions must be unambiguous and consistent with the results of the examination.
19. The conclusion of the examination is prepared and signed by persons certified in accordance with article 49.1 of the Urban Planning Code of the Russian Federation (Collected Legislation of the Russian Federation 2005, No. 1, article 16; 2011, No. 49, article 7015; 2013, No. 27, article 3477 ; 2017 N 31 Art. 4740; 2018, N 18, Art. 2559) for the right to prepare conclusions for the examination of project documentation and (or) the results of engineering surveys and who participated in the examination (hereinafter - experts).
The expert opinion, prepared in the form of an electronic document, is signed by experts using an enhanced qualified electronic signature.
In the conclusion of the examination, prepared in the form of a document on paper, there should be no blots, notes, crossed out words and other corrections, as well as damages.
Sheets of the expert opinion, prepared in the form of a document on paper, must be stitched (indicating the number of bound pages), numbered and sealed with the seal of the organization conducting the examination. The handwritten signatures of the experts (indicating the initials and surnames) are affixed on the last sheet of the expert opinion.
20. The conclusion of the examination, prepared in the form of an electronic document, is approved by signing it with an enhanced qualified electronic signature of the head of the organization for carrying out the examination or an official authorized by the head.
The conclusion of the examination, prepared in the form of a document on paper, is approved by signing with his own hand by the head of the examination organization or by an official authorized by the head, and affixing the seal of the examination organization.
Application. Positive (negative) expert opinion
Application
to Requirements for composition, content
and the procedure for drawing up an opinion
state expertise of design
documentation and / or results
EXPERT CONCLUSION NUMBER |
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"APPROVED" |
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(position, full name, signature, seal) |
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"___" ____________ 20____ |
Positive (negative) expert opinion
Expertise object |
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Name of the object of examination |
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I... General provisions and information on the conclusion of the expert examination |
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1.1. Information about the organization for the examination |
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1.2. Information about the applicant, developer, technical customer |
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1.3. Grounds for the examination |
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1.4. Information on the conclusion of the state ecological expertise |
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1.5. Information on the composition of documents submitted for the examination |
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II... Information contained in the documents submitted for the examination of project documentation |
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2.1. Information about the capital construction object, in relation to which the project documentation has been prepared |
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2.1.1. Information about the name of the capital construction object, its postal (construction) address or location |
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2.1.2. Information about the functional purpose of the capital construction object |
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2.1.3. Information on the technical and economic indicators of the capital construction object |
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2.2. Information about buildings (structures) that are part of a complex object, in relation to which the project documentation has been prepared |
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2.3. Information about the source (sources) and the amount of financing for construction, reconstruction, overhaul of the capital construction object |
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2.4. Information about the natural and man-made conditions of the territory on which it is planned to carry out construction, reconstruction, overhaul of the capital construction object |
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2.5. Information on the estimated cost of construction, reconstruction, overhaul of the capital construction object |
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2.6. Information about individual entrepreneurs and (or) legal entities that prepared project documentation |
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2.7. Information on the use of re-use project documentation in the preparation of project documentation, including cost-effective re-use project documentation |
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2.8. Information about the task of the developer (technical customer) for the development of project documentation |
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2.9. Information on the documentation for the planning of the territory, on the availability of permits for deviations from the limiting parameters of the permitted construction, reconstruction of capital construction objects |
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2.10. Information on the technical conditions for connecting a capital construction object to engineering networks |
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III... Information contained in the documents submitted for the examination of the results of engineering surveys |
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3.1. Date of preparation of reporting documentation based on the results of engineering surveys |
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3.2. Information about the types of engineering surveys |
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3.3. Information about the location of the area (site, route) for conducting engineering surveys |
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3.4. Information about the developer (technical customer) who provided the engineering survey |
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3.5. Information about individual entrepreneurs and (or) legal entities that prepared a technical report based on the results of engineering surveys |
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3.6. Information about the task of the developer (technical customer) to perform engineering surveys |
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3.7. Information about the engineering survey program |
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IV... Description of the reviewed documentation (materials) |
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4.1. Description of engineering survey results |
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4.1.1. The composition of the reporting materials on the results of engineering surveys (taking into account the changes made during the examination) |
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Designation | Name | Note |
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4.1.2. Information about the methods of performing engineering surveys |
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4.1.3. Information on operational changes made by the applicant to the results of engineering surveys in the course of the examination |
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4.2. Description of the technical part of the project documentation |
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4.2.1. The composition of the project documentation (taking into account the changes made during the examination) |
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Designation | Name | Note |
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4.2.2. Description of the main decisions (measures) adopted in the project documentation |
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4.2.3. Information on operational changes made by the applicant to the sections of the project documentation under consideration during the examination |
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V... Conclusions based on the results of the review |
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5.1. Conclusions on the conformity or inconsistency of the engineering survey results with the requirements of technical regulations |
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5.2. Conclusions regarding the technical part of the project documentation |
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5.2.1. An indication of the results of engineering surveys, for compliance with which the project documentation was assessed |
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5.2.2. Conclusions on the conformity or inconsistency of the technical part of the project documentation with the results of engineering surveys and the requirements of technical regulations |
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6. General conclusions |
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7. Information about the persons certified for the right to prepare expert opinions, who signed the expert opinion |
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Electronic text of the document
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Introduction
State expertise is important and effective method government controlled and control.
Expertise means analysis, research, assessment, the result of which is a conclusion that meets the requirements of approved standards, norms and rules and meets the interests of society and the state.
The main goal, the achievement of which the expertise contributes, is to reduce the likelihood of making suboptimal management decisions.
Unfortunately, there is no scientifically developed terminological dictionary in the field of expert activity; uncertainty in terminology in many cases gives rise to problems of interpretation. Expert activity is mixed with other activities and functions performed. In our view, examination is a type of professional activity associated with the study of an object (problem) in order to increase the validity of decisions made in conditions of partial uncertainty, contradictions or conflict with the presentation of a reasoned conclusion. It should be emphasized that the expertise belongs to the process of making managerial decisions. The scientific nature of expert methods, the exploratory nature of the examination play an important role in the system of scientific support for decision-making.
State expertise is carried out in a field that is recognized as significant from the point of view of state and public interests and therefore requires special protective guarantees provided by the state. Particularly necessary is the participation of experts in the development of priorities for socio-economic, scientific, technical and technological development, the distribution of taxpayers' funds for programs and projects of targeted research and innovation and technological activities in various spheres of the economy and society. As practice has shown recent years, expert councils actively created in the authorities make it possible to successfully involve (practically on a voluntary basis) the scientific and managerial elite of the country and specialists with extensive practical experience in a comprehensive consideration of problematic issues. This saves significant budget funds and eliminates existing disagreements on certain issues.
The public significance of expert activity, which in many cases is carried out with the participation of civil servants, seems to be practically not disputed today. It is important to develop the appropriate scientific, methodological, informational, as well as staffing, on which the effective organization of work depends.
State expertise - legally established activities of authorized organizations (expert organizations) and individuals(experts), carried out by state order on a contractual basis and associated with research, study, assessment of a certain object (subject of examination), as well as with the preparation and execution of conclusions, recommendations (expert opinions) on the subject of examination.
Currently, a multi-level system of expert service is being formed: expert councils are created and work in individual state institutions, in regional government bodies and information centers. Expert activity is also considered as an important component of professional activity: expert functions are introduced into job duties a number of specialists. Developed and implemented learning programs vocational training experts.
1. The concept of state expertise
Expert activity refers to research activities. The expert opinion and other results obtained in the course of the conduct refer to the results of research activities.
The concept of "expert" intersects with the practical solution of pressing problems. Vocabulary foreign words defines an expert as “a knowledgeable person invited to controversial situations or difficult cases for examination ”. The Legal Encyclopedic Dictionary, reflecting the specifics of the legal field, offers the following interpretation of the term "expert": "a person with special knowledge and involved by the investigation authorities, the court and other state (for example, arbitration) and public (for example, an arbitration court) case authorities to conduct an examination ".
Expert judgment is motivated expert judgment. Individual, group and collective expert assessments are possible. Individual grades can be obtained using ranking, point and pair grades.
An expert system is an artificial intelligence system that includes a knowledge base with a set of rules and inference mechanisms that allows, based on the rules and facts provided by the user, to recognize the situation, make a diagnosis, formulate a solution or give a recommendation for choosing an action. The knowledge of experts is the source of the formation of databases.
Expert opinion - a document, the result of an expert assessment.
Expert method is a complex of logical and mathematical procedures aimed at obtaining information from experts, analyzing and generalizing it in order to prepare and make a competent decision. The essence of the method consists in the experts' analysis of the problem with the qualitative and quantitative processing of the results of individual expert assessments.
The stages of expert assessment are interconnected procedures by which the expert method is implemented. First stage includes the definition of the goal and tasks to be solved by experts, measures of responsibility and rights of the working group, the timing of the examination, selection of experts for the examination, determination of their competence. The next stage is the most important final stage of the peer review, which provides the basis for a competent decision.
Expertise situation - a situation when the subject is involved in diagnostics (for example, the level of mental development of a person, the reasons for the deviant behavior of a teenager, the state of the criminal at the time of the crime, professional suitability, etc.) in a compulsory (compulsory) manner, at an administrative request, perceives it as an exam ...
Expert status - a set of rights and obligations, powers and responsibilities of an expert.
The method of expert assessments has logically interrelated stages, which are the main stages of the examination.
The initial stage (organization of examination) includes:
· Determination of the purpose and objectives of the examination, problem statement.
· Determination of the measure of responsibility, rights and powers of the working group of experts.
· Establishing the terms of the examination.
· Selection of experts, formation of expert groups (if necessary, determination of their competence).
The main stage of the examination is associated with the collection of data, carrying out research work and expert judgment, analysis of the available material. The technology of the examination, the use of a set of methods and evaluation criteria depend on the nature of the examination, the scope of its application.
Expert assessment is the result of analytical activity, based on the ability to see and resolve contradictions, predict, anticipate and find non-standard solutions.
The final stage of the examination is a survey of experts (individual or group; personal, face-to-face or correspondence; oral or written), execution of a document (report, certificate, review, etc.), the adoption of an expert opinion - the basis for a competent management decision.
Another idea of the sequence of stages of examination is also possible. In connection with the registration of new experience during the examination, the following stages are highlighted and deployed:
Fixing information about a new experience;
His phenomenal conceptual reconstruction;
Building an initial abstraction as a means of expertise;
Concretization of abstraction as a means of expertise;
Concretization of abstraction with subsequent control comparison of conceptual reconstruction with phenomenal-procedural.
It is known that in each specific field of activity, the examination has its own specific tasks, methodology, criteria, organization and procedure. However, it seems possible to single out the series common features combining a variety of special types of expertise and allowing it to be considered as a fairly independent type of professional activity.
Expert activity can be carried out in the presence of three main components:
· Object of examination;
· The customer of the expertise;
· An expert.
State examination is a kind of expert activity, where representatives of state bodies act as experts, and the process of examination itself in accordance with regulatory legal acts is mandatory.
2. State expertise, its mandatory objects
Today, expert activity in the Russian Federation is regulated by the laws: On Environmental Expertise, On Chambers of Commerce and Industry in the Russian Federation, On Appraisal Activities, On Protection of Consumer Rights, On Certification of Products and Services, and so on.
But they do not solve the problem itself, because they cover only narrow areas of expert activity. At the same time, many issues remain unresolved. For example, who has the right to conduct an examination;
There are three possible forms of expertise:
· State - one that is carried out by state-owned inspection and certification bodies;
· Public - performing the functions of protecting consumer rights and representing an examination appointed by public organizations;
· Independent - conducted by independent professional expert companies. The independent expertise is not connected administratively and financially either with the authorities, or with manufacturers or sellers of goods, or with supervisory authorities, or with anyone who could influence its activities due to an interest in the results. Expert organizations should have as part of their statutory activities no other than the conduct of expert and certification work.
The creation of an extensive network of independent expert organizations will allow not only to significantly reduce the risk of errors, but also to avoid possible accusations of bias in decisions and corruption as much as possible.
The distribution of powers between state and non-state expert organizations is a problem that needs to be resolved. At present, there has been a tendency towards the creation of its own specialized expert services in each federal department. At the same time, each of the departments refuses to recognize the results of examinations made outside the walls of their department. This leads to the fact that today any official becomes the main expert in a particular field of activity.
The difference between state and independent experts lies in the subject of expertise, and the difference between appraisal, forensic and environmental expertise is determined by the object of the expertise. Thus, environmental, judicial, and appraisal expertise can be, under certain conditions, state, independent or public.
Expert work is organized as follows. A manufacturing company or a supplier company wishing to participate in the tender or attracted to it (if the tender is closed) submits an application to an expert organization to conduct an examination of the quality of its products. The expert organization provides the bidder with all the necessary documents for review. After that, the manufacturer concludes an agreement with the expert organization and pays the cost of the examination.
The samples for the examination are taken by the experts themselves with the participation of representatives of the enterprise. The expert organization keeps control samples or samples for storage so that in the future the enterprise does not have any complaints about product quality assessments. The shelf life of control samples corresponds to the warranty period.
Testing can be carried out in two stages: first directly at the manufacturer or supplier (if there are appropriate conditions for this), and then in the laboratory of an expert organization.
At the same time, experts check the production itself, including the main and auxiliary technological processes, technical documentation, the condition of equipment, metrological support, the level of technical training of personnel, environmental issues and much more. Based on the results of this work, an expert opinion is drawn up, on the basis of which the tender committee makes the final decision.
Let us also define the legal problems of expert activity, typical for the Russian Federation and for its subjects:
The possibility of coordinating expert activities at different levels is not normatively defined and fixed.
A serious problem is the insufficient level of training of experts, more precisely, of special training. In the work of an expert, subjective qualities or characteristics of its creators and experts play a significant role: personal experience, worldview, not only professional, but also general culture, ability to think logically, political priorities, even mood and state of health. On the one hand, we have to agree that this is inevitable. However, here, too, measures are possible that reduce some of the negative consequences of the influence of the subjective factor.
First, it should be recognized that expert activity has its own characteristics and requires special knowledge. This means that criterion requirements for an expert, the required amount of knowledge, skills and abilities must be determined.
Secondly, experts must be appropriately selected, and expert activities must be trained in the same way as today they teach assessment, audit, and crisis management, while issuing a corresponding certificate.
Thirdly, if a legal entity is involved in the examination, then it, apparently, must have an appropriate license for the right to conduct an examination in a specific area, as well as a specially trained employee who has an appropriate certificate.
Fourthly, the examination procedure itself should be unified as much as possible and normatively fixed.
The constituent entities of the Russian Federation need enhanced methodological and methodological assistance in the implementation and organization of expert activities. Developing theoretical and practical issues expertise, special training and certification of expert personnel, creating a special information database, offering the regions model projects of various legal acts, such a Center could make a significant contribution to improving expert activities in Russia. It should also be noted the problem of corruption in the field of public administration, which also affects expert activities, for example, when they are interested in obtaining a certain expert opinion or when officials of expert bodies use “administrative resources”.
The need for scientific development of criteria for the quality of expertise is obvious. Violations of the procedure, legal technique often lead to negative legal and social consequences. Expertise in itself cannot exclude the subject's wrong actions, but it can be more effective:
firstly, in the case, as already mentioned, of a clear normative consolidation of the examination procedure and the responsibility of the subject of expert activity for ignoring its results;
secondly, in the case of a clear and uniform presentation by the subjects of expert activity about the criteria for assessing the decision made in terms of its quality.
The State Expertise of Russia conducts an examination of construction projects:
· Objects carried out at the expense of state capital investments, state loans;
· Objects carried out abroad with the technical assistance of the Russian Federation;
· Objects that carry out their activities jointly with other states or with the involvement of foreign companies;
· Experimental and basic projects;
· Potentially dangerous and technically complex objects according to the list established by the Ministry of Construction and the Ministry of Emergency Situations of Russia.
In all cases, the Glavgosexpertiza RF provides a consolidated expert opinion with the participation of the state ecological expertise and the state expertise of working conditions, taking into account their conclusions.
In addition, Glavgosexpertiza carries out selective control over the quality of construction projects.
There are organizations of state non-departmental examination, which conduct an examination of projects carried out at the expense of the budget of territories, regions, republics, etc., as well as conduct an examination of projects carried out on their territory, regardless of the sources of financing of capital investments, types of property and belonging; selective quality control of projects.
Construction projects are submitted by the customer to the state expert body. The completeness of the documents, their compliance in composition are checked by the expert body within five days, and the examination itself is carried out within no more than 45 days.
The main questions (to be specified depending on the industry specifics, special conditions and types of construction) to be checked during the examination:
·correspondence decisions taken justification of investments;
· Availability of project approvals with interested organizations;
Economic necessity and economic expediency planned construction based on social needs and the competitiveness of the products under the project;
· Justification of the capacity of the enterprise based on the adopted design solutions for the provision of raw materials, fuel, energy and other resources and based on the need for products manufactured under the project;
Sufficiency and effectiveness of technical solutions and measures for environmental protection natural environment and for the prevention of emergencies and elimination of their consequences;
· Ensuring the safety of the operation of buildings, structures and enterprises in general, compliance with the rules of explosion and fire safety;
· Observance of norms and rules on labor protection, safety measures and sanitary requirements.
The list of questions has been supplemented, since changes have been made to RDS 11-201-95 in No. 1 of 01/29/98:
Sufficiency and effectiveness technological solutions energy saving;
· The need to equip engineering systems with devices for monitoring, metering and regulation of gas, water and heat;
· Consideration of additional requirements for thermal protection of enclosing structures;
· Optimality of the adopted decisions on engineering support;
· The presence of waste-free (low-waste) production;
· Reliability of determining the cost of construction;
· Assessment of investment efficiency.
On the examination of construction projects, a consolidated comprehensive opinion is given, which indicates:
· A brief description of the initial data;
· Conditions of construction and basic design solutions, as well as TEP of construction;
· Specific comments and suggestions or changes and additions made during the examination;
· General conclusions about the feasibility of investments;
The terms of consideration in the examination bodies of the documentation corrected according to its conclusions should not exceed 30 days.
Compliance with the project is under the supervision of the Chief Architect or the Chief Architect.
Currently, a package of documents is being worked out regarding a new procedure for conducting state examination and approval of urban planning, pre-design and project documentation.
In construction, a distinction is made between engineering and technical expertise and technical and economic expertise.
Engineering and technical expertise includes:
1.Examination of the quality of the work performed is one of the most common types of expertise. Its purpose is to establish the actual level of quality of construction and installation and repair and finishing works, as well as to compare this level with the requirements of state and industry standards, design and estimate documentation and the customer. Like any other type of expertise, quality expertise can be carried out at the request of any of the parties to the construction project or by decision of the competent state body: the court, the investigator, the prosecutor's office. All parties who are a participant in a disputed legal relationship have the right to put their questions to the expert for permission. If an expert is appointed by the court, the latter independently forms a list of questions in the final form. The expert has the right to formulate additional questions if, in his opinion, they will allow getting more exact result... The production of such a delightful expertise is accompanied by the use of special measuring instruments, without which it is impossible to obtain accurate data.
Fixing the amount of work. This view expertise is used when a dispute arises about the actual volume of work performed. At the request of one of the parties, an independent expert organization conducts a visual inspection and detailed measurements of the object, if necessary, a calculation of the amount of work is drawn up, which is then compared with the design estimate and as-built documentation. As a result, the customer can be sure that his funds were not wasted. It should be noted that this type of examination is closely intertwined with the examination of the quality of the work performed, since work performed with a deviation from the required standards is not subject to payment.
Participation in the acceptance of both completed and in connection with a change of customer. This type of expertise is in demand, as a rule, by investors and management companies. Determination of the quality and volume of work performed may be required both when preparing an object for delivery, and at intermediate stages, especially when it comes to changing a contractor. Only by fixing the real volumes at the time of the change of the contractor, you can be sure that in the future there will be no disputes with both the old contractor and the new one. However, it will be almost impossible to establish the truth after some time.
Inspection of buildings, structures and structures is a set of measures for monitoring the technical condition of building structures and engineering networks. Inspection of buildings and structures is carried out in order to assess the operational state of the facility and make a decision on the need for current, major repairs, reconstruction or modernization of the building. Using methods non-destructive testing specialists of our company identify construction defects, assess the technical condition of building structures, determine the strength of materials, their moisture content, wear engineering communications, quality welds and many other parameters. Methods of non-destructive testing used in the inspection of buildings: ultrasonic, radiation, thermal, visual, etc. Based on the results of the inspection of the building, a technical conclusion is drawn up on the state of the object, indicating the recommendations developed by our engineers. If necessary, design solutions are developed for strengthening structures, their replacement and reconstruction. The examinations are carried out in strict accordance with the regulatory framework. The main regulatory legal acts in the field of surveys are SP 13-102-2003 "Rules for the examination of load-bearing building structures of buildings and structures", VSN 57-88 (r) "Regulations on technical survey residential buildings ”and many others.
The result of the survey work is the preparation of a technical report on the state of the facility, which contains the data obtained and recommendations developed by the engineers. Based on these recommendations, design solutions for strengthening structures, their replacement or reconstruction can be developed.
This service is especially in demand by property owners who wish to reconstruct or modernize their property, change its functional purpose; investment companies that need objective information about the state of building structures for the development investment projects; customers and general contractors for the development of design and technological solutions and many others.
Thermographic survey can hardly be called independent species examination, rather it is an auxiliary type of instrumental research, which allows with high precision determine the presence of construction defects. The method is based on the fixation of thermal radiation with a special camera - a thermal imager. In this case, the sections of the inspected surface have different heating, and, accordingly, different radiation intensity. In the picture, areas with different temperatures are displayed different colors, which allows you to determine the places of leaks, high humidity, thermal bridges, zones of abnormal overheating and other defects. Interpretation of images allows you to localize defects for subsequent detailed examination and determine the causes. The high-resolution camera allows you to capture a large volume of a building in one shot.
Non-destructive testing is one of the types of research that is often necessary in the production of a particular examination. Through different methods non-destructive testing (visual, thermal, acoustic) reveals construction defects, assesses the technical condition of building structures, determines the strength of materials, their moisture content, wear of utilities, the quality of welds and many other parameters affecting the safety and reliability of building structures.
Forensic examination is a collective term for many types of examinations associated with the need for special knowledge in technical sphere... In our practice, we are faced with situations when the judicial authorities, in their definitions, call examination by completely different terms. The name of the examination does not change its essence, which is aimed at establishing objective facts, the interpretation of which requires special knowledge. An expert examination appointed by the determination of a court or other state body differs from a simple examination by the need to strictly follow the procedural rules.
Engineering and construction expertise at the pre-trial stage may be necessary for the purpose of fixing evidence, for example, when it is likely that in the future the traces, which can be used to establish factual data on the case, will be lost. Also, a pre-trial examination may be needed to go to court in cases where the basis for making claims is not obvious and requires special knowledge. It should be noted that when ordering an expert examination at the pre-trial stage, there is a likelihood that a repeated expert examination will be appointed in the future as determined by the court, since not all issues that require permission may be raised in the pre-trial examination.
Expert assessment of the conclusions of independent technical expertise. A very specific type of expertise, which consists in assessing the facts and conclusions contained in a ready-made expert opinion. This type can be used to present counterarguments in court when evaluating evidence. It should be noted that this type of expertise is closely related to the concept of professional ethics of an expert. Critical assessment of other people's conclusions is a subtle matter that should not be used to the detriment or for selfish motives. The question of the possibility of an expert assessment of someone else's expertise is considered each time on an individual basis.
Feasibility studies include:
1.Analysis of design and estimate documentation. Expert research is closely related to financial aspect construction and are designed mainly for professional participants in the construction market. The analysis of design and estimate documentation consists in determining the completeness of the documentation, based on the goals of its purpose, the compliance of the adopted design decisions with the estimated calculations, selective or complete verification of the estimated calculations. This type of expertise allows the investor and / or customer to avoid overstating the estimated cost of construction. It can also be applied in terms of executive documentation, when abuses are possible when closing the stages of work.
Determination of the validity of the customer's design decisions, including in the financial sector. This type of expertise is used to establish the compliance of design solutions with the customer's requirements. It can be used in various volumes, that is, in terms of using certain materials in a project, in terms of performing work in a certain way (for example, laying communications through an obstacle can be carried out open way, or closed (trenchless), which greatly increases the cost of construction and installation work), in terms of the need to implement certain activities provided for by the project. In this case, the analysis of the project is designed to save the customer and meet the goals set during the design.
Inspection of real estate objects, fixing the state for the purpose of opening investments, mortgages or insurance. Inspection of real estate objects is in demand by insurance and credit institutions, investment companies that invest heavily in real estate or secured by the latter.
A timely inspection of the technical condition of a building or premises at the stage of preparation for a mortgage transaction will help the customer avoid additional technical risks, make sure that the property being pledged is reliable and safe. For insurance companies, accurate data on the technical condition of the building will help to more accurately calculate the insurance rate, reducing risks.
Expert assessment of construction management documentation. This type of examination is more of a documentary nature and consists in establishing the completeness of the documentation for the management of a construction project and analyzing the content of this documentation. Such an event will help the customer to reduce the cost of putting the facility into operation, since the initial permit documentation will be in perfect order.
The main problems of state expertise in construction:
1.One of the main problems faced by construction experts is inconsistency normative documents... Each expert, as a specialist, himself chooses the volume of research and the necessary documents. Proven methods exist only in the field of industrial safety, in all other respects the experts are forced to refer to fairly old documents that have long been no longer binding.
2. Qualifications and competence of the experts themselves.
The state expertise mainly employs those specialists who have extensive experience in design work. However, over time, many specialists went to work in private non-state expert companies. Norms and criteria for evaluating the experts themselves have not yet been established.
The problem of the parallel existence of state and non-state expertise. There are currently over 80 regional bodies expertise.
However, there is also non-state expertise in construction, and in the process of its development, many questions arise. If earlier the expert bodies considered their main task to be to determine the feasibility of construction and economic feasibility, today the issues of human safety both inside the object and outside come to the fore. Unfortunately, there are still no full-fledged examination bodies in which specialists from a number of expert areas would be concentrated. Any expert body finds its own way, how to carry out an examination, in what directions. The Urban Planning Code of the Russian Federation clearly states that a number of objects, especially low-rise housing construction and industrial facilities, with an area of no more than 1,500 square meters and a height of up to two floors, are not subject to state examination.
There is a need for uniformity and methodological unity of the examination, regardless of the geography of its conduct. Today we do not have a body that would be fully responsible for methodological guidance. State expertise is focused only on especially dangerous, especially important, unique objects. And therefore, the request from the field about the methodology is simply not considered. However, the sooner we receive methodological guidance, the sooner we will become responsible for expertise.
3. Stages of the state examination
In accordance with the legislation of the Russian Federation on construction, the state examination goes through the following stages:
Stage 1 - obtaining technical specifications:
For connection to supply sources;
At the intersection with engineering networks and communications;
Registration of acts of selection for the placement of facilities with the passage of expert examinations for EIA, Rosprirodnadzor and Rospotrebnadzor;
Conducting public discussion, forming public opinion on the need for the construction of the facility.
Stage 2 - coordination of design documentation with all interested organizations, including compliance with previously issued specifications and design assignment.
Stage 3 - passing the state examination of project documentation:
Stage 4 - provision of finished design documentation to the customer in accordance with the contract.
Verification of documents for the possibility of conducting a state examination is carried out no later than 3 working days. Within the specified period, the applicant is sent an agreement for the conduct of a state examination, or a reasoned refusal to accept the submitted documents.
According to the Decree of the Government of the Russian Federation of March 5, 2007 N 145 "On the procedure for organizing and conducting state examination of project documentation and the results of engineering surveys" .2008 N 821) for the state examination of both project documentation and the results of engineering surveys performed for the preparation of such documentation, the following are provided:
a) a statement on the conduct of a state examination, indicating the identification information about the performers of the work, about the capital construction object, about the developer and the applicant:
b) copies of title documents for the land plot;
c) a copy of the town planning plan;
d) project documentation for the facility;
e) a copy of the design assignment;
f) engineering survey results;
g) a copy of the assignment for performing engineering surveys;
h) documents confirming the applicant's authority to act on behalf of the developer, customer (if the applicant is not a customer and (or) developer).
The procedure for accepting documents for examination:
fill out an application in the prescribed form;
Receive on the application the resolution of the head of the State Construction Supervision and Examination Service or the head of the State Examination Department for conducting a preliminary examination;
Sign up for the submission of a project for preliminary examination directly in the preliminary examination sector;
Fill in registration cards (card "Residential and public buildings and structures "and / or the card" Industrial and utility facilities ") on both sides in 2 copies and endorsed by the head of the estimate department;
Sign the "slider" in the security department environment;
At the appointed time, submit the above documents, a certificate of the cost of R&D, Project Documentation (PD) with an inventory and initial permits to the preliminary examination sector.
When re-submitting a PD within 14 calendar days for residential objects after receiving a negative opinion, it is necessary to submit:
the developer's application for a re-examination with a visa of the head of the State Construction Supervision and Expertise Service or the head of the State Expertise Department;
an inventory of the submitted PD;
set of PD (in accordance with the inventory for assigning a new number).
When re-submitting a PD within 14 calendar days for non-residential objects, it is necessary to submit an additional letter from the customer with a request not to return the PD, with a visa of the head of the State Construction Supervision and Expertise Service or the head of the State Expertise Department. No new case is being formed.
In other cases, re-delivery of PD is carried out according to the regulations for the initial delivery of PD.
In the process of design and construction of buildings and structures, state supervision over compliance by construction participants established rules and mandatory requirements are carried out by about 25 state supervisory and control bodies, which can be divided into four main groups:
bodies of state expertise;
bodies of state architectural and construction supervision;
state bodies for ensuring certain types of security (fire, sanitary and epidemiological, environmental, industrial, etc.) - special supervisory bodies;
state bodies for the protection of special objects (monuments of history, culture, etc.).
There have been significant changes in the legislative regulation of state expertise. The new Town Planning Code of December 29, 2004 N 190-FZ determines the procedure for its implementation. The state examination of project documentation and state examination of the results of engineering surveys are carried out by the federal executive body, the executive body of the constituent entity of the Russian Federation, authorized to conduct the state examination of project documentation, or state (budgetary or autonomous) institutions subordinate to these bodies.
The Urban Planning Code of the Russian Federation (Part 5 of Article 49) clearly defines the subject of the state examination of project documentation:
technical regulations (that is, the requirements of all types of safety, summarized in a common document - sanitary and epidemiological, environmental, fire, industrial, nuclear, radiation and other types of safety requirements);
the results of engineering surveys.
The Urban Planning Code of the Russian Federation establishes a deadline for the state examination of project documentation, which should not exceed 90 days. If there are comments from the expert commission, it is necessary to eliminate the deficiencies within 20 days.
The developer needs project documentation in order to obtain a building permit, build an object and, having received a permit to operate the object, become the owner of the object and use it for his own needs or dispose of it for the benefit of others. The developer's intentions can be realized only if the project documentation meets all the established requirements. The existence of such a match is determined by verification. Therefore, checking the design documentation is an action in which the developer is vitally interested. Verification of project documentation can be performed by different actors. The inspection can be carried out by private individuals - developers, customers, developers of project documentation, attracted private experts, as well as representatives of authorized public authorities - bodies of state expertise of project documentation.
On the this moment ten such bodies have been identified that must conduct state expertise in accordance with various federal laws (the list of bodies is set out in the sequence of adoption of these laws):
· Examination of the state fire supervision - in accordance with the Federal Law "On Fire Safety" dated 21.12.1994;
· State expertise in the field of protection of the population and territories from emergencies - in accordance with the Federal Law "On the Protection of the Population and Territories from Natural and Technogenic Emergencies" dated 21.12.1994;
· State expertise of the safety of nuclear installations - "On the Use of Atomic Energy" dated November 21, 1995;
· State ecological expertise - in accordance with the Federal Law "On Ecological Expertise" dated 23.11.1995;
· State expertise of industrial safety - in accordance with the Federal Law "On Industrial Safety of Hazardous Production Facilities" dated July 21, 1997;
· State expertise of the safety of hydraulic structures - in accordance with the Federal Law "On the safety of hydraulic structures" dated 21.07.1997;
· State expertise of investment projects (state non-departmental expertise) - "On investment activities in the Russian Federation carried out in the form of capital investments" dated February 25, 1999;
· Sanitary and Epidemiological Expertise - in accordance with the Federal Law "On the Sanitary and Epidemiological Welfare of the Population" dated March 30, 1999;
· State examination of labor protection conditions - in accordance with the Federal Law "On the Fundamentals of Labor Protection in the Russian Federation" dated 17.07.1999;
· State historical and cultural expertise - in accordance with the Federal Law "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" dated June 25, 2002.
4. Conclusion of the state expertise, repeated expertise
The state expertise of projects is based on the principles of its independence, validity and objectivity of assessments and conclusions, as well as the centralized responsibility of experts by position. The obligation to conduct a state examination is established by law depending on:
· Type of projects (pre-design, design or design and estimate documentation);
Technical complexity of the future object associated with its functional purpose and technological processes, planned (calculated) capacity (capacity, throughput), special conditions of the site (site, route) of construction, physical parameters and characteristics, etc.;
· Sources of investment of planned intentions for urban development of territories or construction of a specific object;
· Other special or specific requirements for design solutions in terms of ensuring sanitary, environmental, fire and explosive safety, reliability of structures and stability of functioning of the designed facilities.
The result of the state examination is a conclusion on the conformity (positive conclusion) or non-conformity (negative conclusion): of the project documentation with the requirements of technical regulations and the results of engineering surveys, if the state expert examination of the project documentation and the results of engineering surveys was carried out at the same time.
The conclusion of the state examination is signed by state experts who participated in the examination, and is approved by the head of the organization for conducting the state examination or by an official authorized by such a head.
Requirements for the composition, content and procedure for drawing up the conclusion of the state examination are established by the Federal Agency for Construction and Housing and Communal Services.
The project documentation cannot be approved by the developer or the customer in the presence of a negative conclusion of the state examination of the project documentation. A negative conclusion of the state examination can be challenged by the developer or the customer in court.
The issuance of the result of the state examination is carried out in the hands of the applicant or by sending registered letter... A positive conclusion of the state examination is issued in four copies.
The regulation provides for the obligation of the organization to conduct a state examination to maintain a register of issued conclusions of the state examination.
The information contained in the register is open and provided to any person within 10 days from the date of receipt of a written request by the organization conducting the state examination.
The procedure for maintaining the register and providing information is established by the Federal Agency for Construction and Housing and Communal Services, and is currently under development.
In case of loss of the conclusion of the state examination, the applicant has the right to receive a duplicate of this conclusion from the organization for conducting the state examination. A duplicate is issued free of charge within 10 days from the date of receipt of a written request by the specified organization.
Repeated examination is carried out after the elimination of inconsistencies indicated in the negative conclusion of the state examination. Re-examination is carried out an unlimited number of times, carried out in accordance with the general procedure, taking into account the established obligations.
The same set of documents is provided for the repeated state examination as for the primary one. Additionally, a certificate of corrective action is provided.
Construction and renovation work must be constantly monitored by the project coordinator. In order for the construction to be completed successfully, and the object was handed over to the customer on time, it is required to strictly adhere to the terms of the project and fulfill all necessary rules... In other words, at all stages of construction and repair, author's and technical supervision is needed.
Designer supervision was introduced in order to ensure the compliance of the solutions contained in the working documentation with the construction and installation work performed at the facility. It is carried out by the design organization that completed the project and working drawings throughout the entire period of construction and commissioning of facilities.
Designer supervision of design organizations is carried out on the basis of an agreement concluded by the customer with the design organization - the general designer for the entire period of construction of the facility. The contract is accompanied by a schedule, cost estimate and a list of main works, in the examination of which representatives of the field supervision take part.
The need for field supervision is determined by the customer and established in the assignment for the design of facilities. Designer supervision is mandatory when the need for designer supervision is established by law.
According to the definition, field supervision is a set of measures taken to ensure the compliance of technological, architectural, stylistic, construction and other technical solutions and indicators of the facility being commissioned with the solutions and indicators provided for in the design documentation approved by the customer.
Architectural supervision involves a planned (once every few days) visit of the facility by the coordinator to clarify the details of the project and make appropriate comments to the work log, as well as to resolve issues related to project documentation arising from the customer.
List of documents drawn up during the field supervision
Schedule.
Information about the persons responsible for the supervision.
M12291 5200023SNiP 3.01.01-85 Organization of construction production;
SNiP 3.01.04-87 Acceptance of completed construction projects into operation. Basic provisions.
In turn, SP 11-110-99 contains normative references to the following standards:
GOST 2.105-95 ESKD. General requirements to text documents;
GOST 21.101-97 SPDS. Basic requirements for design and working documentation.
The contract is the main document regulating the relationship between the parties, establishing their rights and obligations for the implementation of architectural supervision in the contracting method of organizing the design.
Administrative document (order) - the main document for the implementation of architectural supervision during the construction of the facility.
Designer supervision is carried out on the basis of an agreement (administrative document) and is carried out throughout the entire period of construction and commissioning of the facility, and, if necessary, the initial period of its operation. The terms of the work are established by the schedule attached to the contract and administrative document.
The chief architect or chief engineer of the project is appointed as the head of the specialists who carry out architectural supervision.
The head of the field supervision issues the task to the specialists and coordinates their work on conducting the field supervision at the facility. Specialists carrying out architectural supervision go to construction site for intermediate acceptance of critical structures and survey hidden works within the terms stipulated by the schedule, as well as special call customer or contractor in accordance with the contract (administrative document).
When carrying out field supervision of the construction of an object, a journal is regularly kept, which is compiled by the designer and handed over to the customer. Logging is carried out both for the construction object as a whole, and for its start-up complexes or individual buildings and structures. It must be numbered, laced, decorated with all signatures on the title page and sealed by the customer. The magazine is handed over by the customer to the contractor and is on the construction site until its completion.
The magazine is filled in by the head or specialists exercising architectural supervision, the customer and the authorized person of the contractor. After completion of construction, the contractor hands over the magazine to the customer.
Each visit to the construction site by specialists is recorded in a journal. The record of the work performed on the field supervision is certified by the signatures of the responsible representatives of the customer and the contractor. The recording is performed also in the absence of comments.
The basic rights of specialists are as follows:
access to all construction sites under construction and places of construction and installation works;
familiarization with the necessary technical documentation related to the construction object;
control over the implementation of instructions included in the log;
making proposals to the bodies of the State Architectural and Construction Supervision and other bodies of architecture and urban planning to suspend, if necessary, construction and installation work carried out with identified violations, and to take measures to prevent copyright infringement on a work of architecture in accordance with the law.
Responsibilities of specialists:
Selective verification of the compliance of the construction and installation work performed with working documentation and requirements building codes and rules;
· Selective control over the quality and compliance with the production technology of work related to ensuring the reliability, strength, stability and durability of structures and installation of technological and engineering equipment;
· Timely solution of issues related to the need to amend the working documentation, and control of execution;
Assistance in familiarization of workers carrying out construction and installation work, and representatives of the customer with the design and working documentation;
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