ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 15, 2023 No. 223

About approval of features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (capital construction projects) with special status, necessary for ensuring defense capability and safety of the state, the capital construction projects created for needs of the Armed Forces of the Russian Federation, capital construction projects necessary for ensuring activities of objects of the state protection, issue of permissions for construction of the specified capital construction projects, permissions to input of the specified capital construction projects in operation

According to Items 9 and 10 of part 1 of article 18 of the Federal Law of March 8, 2022 "About modification of separate legal acts of the Russian Federation" the Government of the Russian Federation decides No. 46-FZ:

1. Approve the enclosed features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (capital construction projects) with special status, necessary for ensuring defense capability and safety of the state, the capital construction projects created for needs of the Armed Forces of the Russian Federation, capital construction projects necessary for ensuring activities of objects of the state protection, issue of permissions for construction of the specified capital construction projects, permissions to input of the specified capital construction projects in operation.

2. To the Ministry of Industry and Trade of the Russian Federation from the date of official publication of this resolution to submit within 10-day term within the Government of the Russian Federation the list of projects (objects) with special status necessary for ensuring defense capability and safety of the state approved with the Ministry of Defence of the Russian Federation and the Ministry of Finance of the Russian Federation, for approval in accordance with the established procedure.

3. This resolution is effective till December 31, 2025 inclusive.

Approved by the Order of the Government of the Russian Federation of February 15, 2023 No. 223

Features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (capital construction projects) with special status, necessary for ensuring defense capability and safety of the state, the capital construction projects created for needs of the Armed Forces of the Russian Federation, capital construction projects necessary for ensuring activities of objects of the state protection, issue of permissions for construction of the specified capital construction projects, permissions to input of the specified capital construction projects in operation

1. This document establishes features of conducting state examination of the project documentation of capital construction projects, construction which reconstruction are performed within projects implementation (capital construction projects) with special status necessary for ensuring defense capability and safety of the state, the capital construction projects created for needs of the Armed Forces of the Russian Federation, capital construction projects necessary for ensuring activities of the objects of the state protection included in the lists approved by the Government of the Russian Federation (further respectively - the project documentation, capital construction projects), including regarding assessment of conformity of the project documentation to requirements in the field of environmental protection without additional conducting the state environmental assessment, and also features of issue of permissions for construction of capital construction projects, permissions to input of capital construction projects in operation.

2. The project documentation is subject to state examination according to the procedure, established by the Town-planning code of the Russian Federation, taking into account features of modification of the project documentation and (or) the results of engineering researches which received the positive decision of state examination in connection with replacement of construction resources by analogs, features and cases of conducting state examination of the project documentation approved by the order of the Government of the Russian Federation of April 4, 2022 No. 579 "About establishment of features of modification of the project documentation and (or) the results of engineering researches which received the positive decision of state examination in connection with replacement of construction resources by analogs, features and cases of conducting state examination of the project documentation" and the features established by the this document.

3. State examination of the project documentation is carried out by the federal executive body performing functions on the development and realization of state policy and normative legal regulation in the field of construction, architecture, town planning or subordinated to it state (budget or autonomous) the organization, federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of defense, State Atomic Energy Corporation "Rosatom", and also other federal executive bodies specified regarding 4.1 articles 49 of the Town-planning code of the Russian Federation (further - the expert organizations).

4. When carrying out concerning the project documentation of state examination the state environmental assessment of the project documentation is not carried out.

5. According to the decision of the builder, technical customer state examination of the project documentation is carried out concerning separate Sections of the project documentation including prepared in relation to separate stages of construction, reconstruction of capital construction projects.

6. For the purposes hereof the stage of construction, reconstruction of capital construction project is understood as set of the installation and construction works provided by separate Sections of the project documentation of which the part of capital construction project determined by amount or functional purpose and which can be executed in the absence of other Sections of the project documentation is result.

7. Subject of state examination of the project documentation is assessment of conformity of the project documentation (Sections of the project documentation) to the requirements provided in Item 1 of part 5 of article 49 of the Town-planning code of the Russian Federation, check of reliability of determination of estimated cost of construction of facilities of capital construction in the cases established by part 2 of article 8.3 of the Town-planning code of the Russian Federation, and in case, stipulated in Item the 5th this document, also assessment of compatibility of the Sections of the project documentation provided for state examination of the project documentation with other Sections of the project documentation concerning which state examination of the project documentation is carried out.

In case of preparation of the project documentation in relation to separate stages of construction, reconstruction of capital construction projects subject of state examination of the project documentation is also assessment of compatibility of the decisions provided by the project documentation prepared in relation to stage of construction, reconstruction of capital construction project with the decisions provided by the project documentation prepared in relation to other stages of construction, reconstruction of capital construction project concerning which state examination of the project documentation is carried out.

8. Lack of the approved site planning of the territory concerning the capital construction project which is linear object for construction which reconstruction needs preparation of documentation on the layout of the territory is not the basis for refusal in rendering service in conducting state examination of the project documentation.

In this case the approved site planning of the territory concerning the capital construction project which is linear object for construction which reconstruction needs preparation of documentation on the layout of the territory is submitted in the expert organization not later than 5 working days about day of the termination of term of conducting state examination of the project documentation prepared by results of architectural and construction designing concerning all stages of construction, reconstruction of capital construction project. At the same time issue of the conclusion of state examination of the project documentation before submission to the expert organization of the approved site planning of the territory concerning the capital construction project which is linear object for construction which reconstruction needs preparation of documentation on the layout of the territory is not allowed.

9. The conclusion of state examination of the project documentation is result of state examination of the project documentation:

a) about compliance (the positive conclusion) or discrepancy (the negative conclusion) of the project documentation (Sections of the project documentation) to requirements, stipulated in Item 1 part 5 of article 49 of the Town-planning code of the Russian Federation (except as specified conducting state examination of the project documentation according to Item 1 of part 3.3 of article 49 of the Town-planning code of the Russian Federation), and in case, stipulated in Item the 5th this document, also about compatibility (the positive conclusion) or incompatibility (the negative conclusion) of the Sections of the project documentation provided for state examination of the project documentation with other Sections of the project documentation concerning which state examination of the project documentation is carried out. In case of preparation of the project documentation in relation to separate stages of construction, reconstruction of capital construction project the conclusion of state examination of the project documentation also contains conclusions about compatibility (the positive conclusion) or incompatibility (the negative conclusion) of the decisions provided by the project documentation prepared in relation to stage of construction, reconstruction of capital construction project with the decisions provided by the project documentation prepared in relation to other stages of construction, reconstruction of capital construction project concerning which state examination of the project documentation is carried out;

b) about reliability (the positive conclusion) or unauthenticity (the negative conclusion) of determination of estimated cost of construction of facilities of capital construction in the cases established by part 2 of article 8.3 of the Town-planning code of the Russian Federation.

9(1). If after receipt of primary positive conclusion of state examination of the project documentation of capital construction project the changes providing unaccounted earlier and (or) the changed complicating factors, conditions and production methods of works which exert impact much of determination of estimated cost are made to the project documentation of such capital construction project and other basic data used for its preparation and cannot be considered without adjustment of estimate documentation, submission of documents for conducting repeated check of reliability of determination of estimated cost is performed after adjustment of estimate documentation in the part which underwent to such changes taking into account estimate standard rates, single quotations, including their separate components, to estimate norms, indexes of change of estimated cost, information on which is included in the federal register of estimate standard rates, the estimate prices of construction resources, indexes of change of estimated cost on groups of the homogeneous construction resources placed in federal state information system of pricing in construction, accepted in the estimate documentation which received primary positive decision of state examination of the project documentation regarding check of reliability of determination of estimated cost.

10. For conducting state examination of the project documentation including prepared in relation to separate stages of construction, reconstruction of capital construction project the payment (taking into account tax amount on value added) for each Section of the project documentation provided for conducting state examination in the amount of is levied (Р) which is determined by formula:

where:

RP - the amount of payment for conducting state examination of the project documentation (executed in full), calculated according to Item 56 of the Regulations on the organization and conducting state examination of the project documentation and results of engineering researches approved by the order of the Government of the Russian Federation of March 5, 2007 No. 145 "About procedure for the organization and conducting state examination of the project documentation and results of engineering researches" (rubles);

The joint venture - total share of cost of project works on preparation of the Sections of the project documentation provided for conducting state examination of the project documentation in total cost of production of the project documentation calculated in the prices of 2001 according to estimate standard rates, data on which are included in the federal register of estimate standard rates (percent).

11. Issue of permissions for construction of capital construction projects and permissions to input of capital construction projects in operation is performed according to the procedure, established by the Town-planning code of the Russian Federation, taking into account features of preparation, approval, approval, prolongation of effective periods of documentation on the layout of the territory, town-planning plans of the parcels of land, issue of permissions for construction of capital construction projects, the permissions to commissioning approved by the order of the Government of the Russian Federation of April 2, 2022 No. 575 "About features of preparation, approval, approval, prolongation of effective periods of documentation on the layout of the territory, town-planning plans of the parcels of land, issues of permissions for construction of capital construction projects, permissions to commissioning" and the features established by the this document.

12. For decision making about issue of the permission for construction of capital construction project the documents provided by Items 1, 1.1, 3, of 4, 4.2, 4.3, 6.2 and 8 - 10 of part 7 of article 51 of the Town-planning code of the Russian Federation are not required. Non-presentation of the specified documents is not the basis for refusal in issue of the permission for construction of capital construction project.

13. For decision making about issue of permission to input of capital construction project in operation the documents provided by Items 3, 8 and 11 parts 3 of article 55 of the Town-planning code of the Russian Federation are not required. Non-presentation of the specified documents is not the basis for refusal in issue of permission to input of capital construction project in operation.

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