ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 1, 2006 No. 54

About the state construction supervision in the Russian Federation

According to article 54 of the Town-planning code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on implementation of the state construction supervision in the Russian Federation.

2. The federal executive bodies authorized on implementation of federal state construction supervision are:

The Ministry of Defence of the Russian Federation, Federal Security Service of the Russian Federation, Federal Guard Service of the Russian Federation and other federal executive bodies to which presidential decrees of the Russian Federation assign implementation of the state construction supervision, and objects of the federal nuclear organizations.

2.1. The state construction supervision of construction, reconstruction, performed in the territory of Moscow, regarding the unique objects specified in the paragraph the second Item 2 of this resolution is performed by the executive body of the subject of the Russian Federation authorized on it - the federal city of Moscow.

2(2). Federal state construction supervision in case of construction, reconstruction of objects of the federal nuclear organizations is performed by State Atomic Energy Corporation "Rosatom".

3. Determine that the Federal Service for Environmental, Technological and Nuclear Supervision will organize scientific and methodical ensuring the state construction supervision in the Russian Federation.

4. Ceased to be valid

 

Approved by the Order of the Government of the Russian Federation of February 1, 2006 No. 54

Regulations on implementation of the state construction supervision in the Russian Federation

1. This Provision establishes procedure of the state construction supervision in the Russian Federation, including procedure for the organization and conducting checks of activities of the physical persons who are not individual entrepreneurs, when implementing of the specified supervision.

When implementing the state construction supervision, the organization and conducting checks of legal entities, individual entrepreneurs provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" taking into account features of the organization and conducting the checks established by part 5 of article 54 of the Town-planning code of the Russian Federation are applied.

2. The state construction supervision is exercised:

a) when constructing facilities capital construction if the project documentation on their construction is subject to examination according to article 49 of the Town-planning code of the Russian Federation;

b) in case of reconstruction of capital construction projects, including in case of work on preserving the objects of cultural heritage mentioning constructive and other characteristics of reliability and safety of such objects if the project documentation on implementation of reconstruction of capital construction projects, including the specified works on preserving objects of cultural heritage, is subject to examination according to article 49 of the Town-planning code of the Russian Federation;

c) in case of construction, reconstruction of the capital construction projects which are not specified in subitems "an" and "b" of this Item and also concerning such capital construction projects, work on construction which reconstruction are complete (except for case if upon completion of the specified works permission to commissioning of the facility is got), on the bases provided by part 1.1 of article 54 of the Town-planning code of the Russian Federation.

3. Ceased to be valid according to the Order of the Government of the Russian Federation of 18.07.2019 No. 926

4. Subject of the state construction supervision concerning the objects specified in subitems "an" and "b" of Item 2 this provision is check:

a) compliance of performance of works and the applied construction materials in the course of construction, reconstruction, capital construction project, and also results of such works to requirements of the project documentation, including requirements of energy efficiency (except for capital construction projects to which requirements of energy efficiency do not extend) and to requirements of equipment of capital construction project metering devices of the used energy resources;

b) availability of the construction license;

c) fulfillment of requirements of parts 2, 3 and 3.1 articles 52 of the Town-planning code of the Russian Federation.

4.1. Ceased to be valid according to the Order of the Government of the Russian Federation of 18.07.2019 No. 926

4(2). Subject of the state construction supervision concerning the objects specified in the subitem "v" of Item 2 this provision are verification of presence of the construction license and compliance of capital construction project to the requirements specified in the construction license and if the construction or reconstruction of capital construction project do not require issue of the construction license, - check of compliance of parameters of limiting capital construction projects to parameters of the permitted construction, the reconstruction of capital construction projects established by rules of land use and building, documentation on the layout of the territory, and mandatory requirements to the parameters of capital construction projects set by the Town-planning code of the Russian Federation, other Federal Laws.

4(3). If by results of performed by body of the state construction supervision the fact of implementation of construction or reconstruction of capital construction project without construction license (except as specified if the construction or reconstruction of capital construction project do not require issue of such permission) or the fact of discrepancy of capital construction project to the requirements specified in the construction license is elicited and if the construction or reconstruction of capital construction project do not require issue of the construction license, the fact of discrepancy of limiting capital construction project to parameters of the permitted construction, the reconstruction of capital construction projects established by rules of land use and building, documentation on the layout of the territory, or mandatory requirements to parameters of capital construction projects the established Town-planning code of the Russian Federation, other Federal Laws, the body of the state construction supervision in time no later than 5 working days from the date of the end of check sends to local government body of the settlement, city district in the location of such capital construction project or in case of finding of capital construction project in the mezhselenny territory in local government body of the municipal district the notification on identification of unauthorized construction with application of documents, confirming the corresponding fact.

5. The state construction supervision is exercised by the federal executive bodies authorized on implementation of federal state construction supervision, the State Atomic Energy Corporation "Rosatom" and executive bodies of subjects of the Russian Federation authorized on implementation of regional state construction supervision (further - bodies of the state construction supervision).

If in case of construction, reconstruction, capital construction projects implementation of the state construction supervision is provided, then the body of the state construction supervision within the state construction supervision exercises federal state fire supervision, federal state sanitary and epidemiological surveillance, the state control the state control (supervision) of compliance of capital construction project to requirements for its energy efficiency and to requirements for its equipment by metering devices of the used energy resources and also, except as specified, provided by the Town-planning code of the Russian Federation, the state ecological supervision.

6. The federal executive bodies authorized on implementation of federal state construction supervision exercise such supervision in case of construction, reconstruction, the objects specified in Item 5.1 of article 6 of the Town-planning code of the Russian Federation, except for objects of the federal nuclear organizations.

The State Atomic Energy Corporation "Rosatom" exercises federal state construction supervision in case of construction, reconstruction of objects of the federal nuclear organizations.

7. The executive bodies of subjects of the Russian Federation authorized on implementation of regional state construction supervision (further - bodies of regional state construction supervision), exercise such supervision of construction, reconstruction, others, except specified in Item 6 of this provision, capital construction projects if in case of their construction, reconstruction, implementation of the state construction supervision is provided.

Under the organization of regional state construction supervision the risk - the oriented approach is applied.

8. The state construction supervision concerning the objects specified in subitems "an" and "b" of Item 2 this provision is performed by body of the state construction supervision from the date of receipt by it according to part 5 of article 52 of the Town-planning code of the Russian Federation of the notice on the beginning of works before date of issue of the conclusion of body of the state construction supervision about compliance constructed, the reconstructed capital construction project to requirements of the project documentation, including requirements of energy efficiency and requirements of equipment of capital construction project by metering devices of the used energy resources (further - the conclusion about compliance).

The state construction supervision concerning the objects specified in the subitem "v" of Item 2 this provision is performed by body of the state construction supervision in the form of exit check only in the presence of the bases provided by the subitem "b" of Item 2, subitems "b" or "v" of Item 3 of part 5 of article 54 of the Town-planning code of the Russian Federation, or based on the circulation and petitions from citizens, including individual entrepreneurs, legal entities, information from public authorities (officials of state supervision body), local government bodies, from mass media about violation in case of construction, the reconstruction of the capital construction projects which are not specified in subitems "an" and "b" of Item 2 this provision, established by rules of land use and building, documentation on the layout of the limiting territory of parameters of the permitted construction reconstruction of capital construction projects or mandatory requirements to parameters of the capital construction projects established by the Town-planning code of the Russian Federation, other Federal Laws.

The body of the state construction supervision performs with involvement of experts, the expert organizations.

All documents constituted or received when implementing the state construction supervision are subject to inclusion in the case created by body of the state construction supervision. The procedure for forming and conducting such cases, including determination of requirements imposed to the documents included in such cases is established by Federal Service for Environmental, Technological and Nuclear Supervision.

8(1). For the purpose of application risk - the oriented approach under the organization of regional state construction supervision the under construction, reconstructed capital construction projects are subject to reference to certain categories of risk according to Rules of reference of activities of legal entities and individual entrepreneurs and (or) used by them production facilities to certain category of risk or certain class (category) of danger approved by the order of the Government of the Russian Federation of August 17, 2016 No. 806 "About application risk - the oriented approach under the organization of separate types of the state control (supervision) and introduction of amendments to some acts of the Government of the Russian Federation".

Assignment of category of risk to the under construction, reconstructed capital construction project is performed by body of regional state construction supervision after receipt of the notice on the beginning of works on such object according to criteria of reference of the under construction, reconstructed capital construction projects to categories of risk when implementing regional state construction supervision according to appendix taking into account data of the project documentation which obtained positive expert report of the project documentation based on the relevant order (order) of the head (deputy manager) of body of regional state construction supervision and is reflected in the program of checks.

8(2). The body of regional state construction supervision keeps the register of capital construction projects, concerning construction which reconstruction regional state construction supervision is exercised, and places information on the under construction, reconstructed capital construction projects and categories of risk appropriated to them in information systems of regional state construction supervision and (or) on the official site of body of regional state construction supervision on the Internet. The following information is posted on the official site of body of regional state construction supervision on the Internet:

a) the name, the address and stage of the construction, reconstruction which is under construction, the reconstructed capital construction project;

b) details (date and number) of the construction license;

c) full name of the legal entity, surname, name and middle name (in the presence) the individual entrepreneur - the builder;

d) category of risk of capital construction project.

9. The state construction supervision is exercised in the form of checks. Document forms, necessary for implementation of the state construction supervision, are established by Federal Service for Environmental, Technological and Nuclear Supervision in coordination with the Ministry of Construction and Housing and Communal Services of the Russian Federation.

10. Check of compliance of the performed works, the applied construction materials in the course of construction, reconstruction, capital construction project and results of such works observance is subject to requirements of the project documentation:

a) in case of construction - requirements to implementation of preparation of the parcel of land and accomplishment of earthwork, works on installation of the bases, designs of underground and elevated parts, networks of engineering facilities (including internal and outside networks), engineering systems and the equipment;

b) in case of reconstruction - requirements to performance of works on preparation of capital construction project for reconstruction in case of change of parameters of capital construction project, its parts, and also replacement and (or) recovery of the bearing building constructions of capital construction project (except for replacements of separate elements of such designs by the similar or other improving indicators of such designs elements and (or) recoveries of the specified elements), and also requirements to performance of works on change of parameters of linear objects or their sites (parts) which involves change of class, category and (or) originally established indicators of functioning of such objects (capacity, load-carrying capacity and others) or in case of which change of borders of strips of branch and (or) conservation zones of such objects is required;

c) ceased to be valid

11. Are performed by the official (officials) of body of the state construction supervision authorized based on the corresponding order (order) of body of the state construction supervision and from his name to exercise such supervision (further - the official of body of the state construction supervision) according to the program of checks, and also in case of receipt of the notices specified in part 6 of Article 52 and part 3 of article 53 of the Town-planning code of the Russian Federation, appeals of physical persons and legal entities, public authorities and local government bodies.

12. The program of checks is developed by the official of body of the state construction supervision taking into account design and other features of capital construction project and performance of works on its construction, reconstruction, conditions of the subsequent operation, and also other factors which are subject to accounting according to requirements of the project documentation.

12(1). When implementing regional state construction supervision the program of checks is constituted taking into account the following number of checks for the period of construction, reconstruction of capital construction project for the corresponding category of risk of the under construction, reconstructed capital construction project:

a) for category of high risk - no more than 12 checks;

b) for category of significant risk - no more than 10 checks;

c) for category of moderate risk - no more than 7 checks.

12(2). In case of issue of the permission for construction of 2 and more capital construction projects of category of risk and the number of checks are determined separately concerning each capital construction project.

12(3). The number of checks for the period constructions, reconstruction of capital construction project specified in Item 12 (1) this provision, it can be increased no more than by 2 checks in cases:

a) constructions, reconstruction of capital construction project in the conditions of the constrained urban development (according to the project documentation);

b) constructions, reconstruction of capital construction project in difficult engineering-geological conditions (according to the project documentation);

c) constructions, reconstruction of capital construction project which total area exceeds 20000 sq.m.

12(4). The number of checks for the period constructions, reconstruction of capital construction project specified in Item 12 (1) this provision, it can be increased respectively concerning capital construction project to which the category of high risk is appropriated, - to 24 checks, concerning capital construction project to which the category of significant risk is appropriated, - to 20 checks, concerning capital construction project to which the category of moderate risk is appropriated, - to 14 checks in cases:

a) involvement of the legal entities and individual entrepreneurs performing construction, reconstruction of capital construction project within one calendar year 3 and more times to the administrative responsibility for the offenses provided by Articles 6. 3, 8.1 and 9.4, parts 1 - 3 Articles 9. 5, Article 9.5. 1, part 3 of Article 9. 16, part 1 of Article 19. 4, parts 6 and 15 of Article 19. 5, Articles 19. 6, 19.7 and 19.33 and parts 1, 2, 6, 6.1 and 9 article 20.4 of the Code of the Russian Federation about administrative violations;

b) violations of terms of construction, the reconstruction of capital construction project provided by the project of the organization of construction in the project documentation which obtained positive expert report, more than on 6 months or its preservation, suspension of construction.

12(5). The decision on increase in number of checks in the cases provided by Items 12 (3) and 12(4) this provision, are drawn up by the order (order) of the head (deputy manager) of body of regional state construction supervision.

13. For determination of compliance of the performed works to requirements of project and working documentation, including requirements of energy efficiency and requirements of equipment of capital construction project metering devices of the used energy resources, the official of body of the state construction supervision it is checked:

a) observance of requirements to performance of works, stipulated in Item 10th this provision;

b) observance of procedure for carrying out construction supervision, maintaining general and (or) special magazines in which it is recorded performance of works (further - general and (or) special magazines), executive documentation, creation of acts of survey of works, designs, sites of networks of engineering facilities. The structure and procedure for maintaining executive documentation, and also form and procedure for maintaining general and (or) special magazines are established by Federal Service for Environmental, Technological and Nuclear Supervision.

c) elimination of the performed works revealed when carrying out construction supervision and implementing the state construction supervision of violations of compliance to requirements of the project documentation (further - violations), and also observance of prohibition to start continuation of works before creation of acts of elimination of such violations;

d) observance of other requirements in case of performance of works established by the project documentation, including requirements of energy efficiency and requirements of equipment of capital construction project metering devices of the used energy resources.

Implementation of check can be integrated to carrying out (appointment) by body the state construction supervision of examination, inspections, laboratory and other researches of the performed works and the applied construction materials.

14. In case of identification of violations as a result of performed concerning the objects specified in subitems "an" and "b" of Item 2 this provision, the official of body of the state construction supervision draws up the statement which is the basis for issue to the technical customer, the builder or person performing construction (depending on the one who in accordance with the legislation of the Russian Federation bears responsibility for the allowed violations), instructions about elimination of such violations. In the instruction the violation type, the reference to provisions of the Town-planning code of the Russian Federation, the project documentation which requirements are violated are specified, and also the term of elimination of violations taking into account design and other features of capital construction project is established.

Other results of check are registered by the official of body of the state construction supervision general and (or) special.

14(1). If by results of performed concerning the objects specified in the subitem "v" of Item 2 this provision, the body of the state construction supervision elicits the fact of implementation of construction or reconstruction of capital construction project without construction license, or the fact of discrepancy of capital construction project to the requirements specified in the construction license, or the fact of discrepancy of limiting capital construction project to parameters of the permitted construction, the reconstruction of capital construction projects established by rules of land use and building, documentation on the layout of the territory, or mandatory requirements to the parameters of capital construction projects set by the Town-planning code of the Russian Federation, other Federal Laws, the official of body of the state construction supervision draws up the inspection statement in 3 copies. The third copy of the act, and also documents constituted or received in the course of conducting check go with the notification on identification of unauthorized construction provided by part 6.2 of article 54 of the Town-planning code of the Russian Federation to local government body of the settlement, city district in the location of such capital construction project or in case of finding of capital construction project in the mezhselenny territory - to local government body of the municipal district.

15. The statement which is drawn up by results of check concerning the objects specified in subitems "an" and "b" of Item 2 this provision, and issued based on its instruction are constituted in 2 copies. The checks constituted or received in the course of carrying out documents (are applied to the act about performed in case of their availability). The first copies of the act and instruction, and also copy of the specified documents are transferred to the technical customer, the builder or person performing construction (depending on the one who in accordance with the legislation of the Russian Federation bears responsibility for the allowed violations). The second copies of the act and instruction and also constituted or documents received in the course of conducting check remain in body of the state construction supervision.

16. After completion of construction, reconstruction of capital construction project by body of the state construction supervision it is performed by results of which the performed works are estimated and the decision on issue of the conclusion about compliance or on refusal in issue of such conclusion is made.

17. The body of the state construction supervision issues the conclusion about compliance if in case of construction, reconstruction of capital construction project were not allowed violations of requirements of the project documentation, including requirements of energy efficiency and requirements of equipment of capital construction project by metering devices of the used energy resources, or such violations were eliminated before end date of check.

18. The body of the state construction supervision refuses issue of the conclusion about compliance if in case of construction, reconstruction of capital construction project were allowed violations of requirements of the project documentation, including requirements of energy efficiency and requirements of equipment of capital construction project by metering devices of the used energy resources, and such violations were not eliminated before end date of check.

19. The conclusion about compliance or the decision on refusal in issue of such conclusion is issued by body of the state construction supervision to the builder or the technical customer within 10 working days from the date of the appeal of builder or the technical customer to body of the state construction supervision of issue of the conclusion. The decision on refusal shall contain reasons for the reasons of such refusal with references to the project documentation in issue of the conclusion about compliance.

20. The conclusion about compliance or the decision on refusal in issue of such conclusion is constituted in 2 copies, each of which is signed by the official of body of the state construction supervision performing check and affirms the order (order) of body of the state construction supervision.

The first copy of the conclusion about compliance or decisions on refusal is transferred in issue of such conclusion to the builder or the technical customer, the second copy of the conclusion about compliance or decisions on refusal in issue of such conclusion remains in body of the state construction supervision.

21. The decision on refusal in issue of the conclusion about compliance can be disputed by the builder or the technical customer judicially.

21.1. The conclusion about compliance responds the body of the state construction supervision which issued it based on the judgment which took legal effect.

22. The state construction supervision in case of construction, reconstruction of subjects to use of atomic energy (including nuclear installations, Items of storage of nuclear materials and radioactive materials), hazardous production facilities, hydraulic engineering constructions is performed in complex with the checks and inspections provided by the laws and other regulatory legal acts of the Russian Federation governing the relations in the field of safety of the specified objects.

23. The data received during implementation of the state construction supervision are subject to generalization and inclusion in the information systems of the state construction supervision created by bodies of the state construction supervision.

24. Officials of bodies of the state construction supervision when conducting checks perform the following powers:

a) freely visit capital construction projects during execution of service duties;

b) demand from the technical customer, the builder or person performing construction, representations of results of the performed works, executive documentation, general and (or) special magazines, acts of survey of works, designs, sites of networks of engineering facilities, samples (tests) of the applied construction materials;

c) demand from the technical customer, the builder or person performing construction, carrying out inspections, testing, examinations of the performed works and the applied construction materials if it is required when carrying out construction supervision, but it was not performed;

d) draw up by results of performed the statement based on which give the instruction about elimination of the revealed violations;

e) make records about results performed in general and (or) special magazines;

e) constitute protocols on administrative offenses and (or) consider cases on administrative offenses, apply measures of ensuring production for cases on administrative offenses according to the procedure and cases, stipulated by the legislation the Russian Federation about administrative offenses;

g) perform other powers, stipulated by the legislation the Russian Federation.

25. Bodies of the state construction supervision and their officials in case of inadequate implementation of the state construction supervision bear responsibility in accordance with the legislation of the Russian Federation.

Appendix

to Regulations on implementation of the state construction supervision in the Russian Federation

Criteria of reference of capital construction projects to especially dangerous, technically to difficult and unique objects

Voided

Appendix

to Regulations on implementation of the state construction supervision in the Russian Federation

Criteria of reference of the under construction, reconstructed capital construction projects to categories of risk when implementing regional state construction supervision

In case of reference of the under construction, reconstructed capital construction projects to certain category of risk the signs of buildings and constructions provided by Items 1 and 2 of part 1 of article 4 of the Federal law "The Technical Regulation about Safety of Buildings and Constructions" and also functional purpose of capital construction projects according to national standards and sets of rules are used.

According to criterion of weight of potential negative effects of possible non-compliance by legal entities and individual entrepreneurs of the requirements established by the Federal Laws and other regulatory legal acts of the Russian Federation accepted according to them, in case of construction, reconstruction of capital construction projects such objects belong to the following categories of risk:

high risk - public buildings and constructions, apartment apartment houses, overpasses, tunnels, bridges and platforms, and also capital construction projects with flight from 20 to 100 meters;

significant risk - factory buildings;

moderate risk - the capital construction projects which are not specified in paragraphs three and the fourth this document.

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