One of the most responsible and important stages of reconstruction and repair of a facility capital construction is considered to be put into operation. To do this, you need to contact the relevant authority and submit documents. Next, we will consider how the commissioning of a capital construction project is carried out.

General information

What is a capital construction project? The definition, characteristics and types of structures of this type are given in the legislation. In particular, it is clarified that this category includes buildings whose construction is not completed. Types of capital construction projects do not include temporary structures, sheds, kiosks and similar structures.

Classification

The legislation provides a list of capital construction projects. This category includes:

Obtaining permission: general information

After repairs or reconstruction, it is necessary to obtain a document on the basis of which it is allowed to use the capital construction project. Determination of the readiness of a building or structure is carried out by the body that issued the construction permit. This procedure is carried out within 10 days from the date of submission of the application. At the same time, the regulatory authority checks the availability and correctness of registration necessary documentation. If state supervision is carried out during the process of reconstruction or repair, then additional inspection of the structure or building is not carried out. Based on the results of the activities, the authorized authority issues permission to commission a capital construction project.

Permission

On the basis of this document, the commissioning of a capital construction project is carried out. The permit certifies the completion of the construction, repair or reconstruction of the building in full according to the available documentation. This paper indicates the compliance of the constructed, repaired or reconstructed structure project documentation and urban planning plan of the site. Based on the information contained in the permits, cadastral registration of capital construction projects is carried out. In this regard, the information in the document is indicated to the extent necessary for registration of the structure. In particular, the permit for commissioning of a capital construction project reflects data corresponding to the text and graphic parts of the technical plan.

Graphic information

This information reproduces the data from the cadastral plan of the territory or an extract about plot of land and the location of the structure. In this document, the premises are presented in the form of a drawing of the floor or part thereof, indicating the exact location. If a structure or building does not have a number of storeys, then a plan of the corresponding fragment is provided. It also indicates the location of the room. The location is determined by graphically depicting the border of the geometric figure that will be formed by the inner sides of the external walls on the floor plan (its fragment) or the entire structure/building in the absence of number of floors.

Text information

They include:

More information

These can be considered:

Refusal to issue a permit

The body making a negative decision to put a facility into operation must provide a reasoned explanation and indicate the reasons. The latter may include:

Permission is issued only after the provision of the specified papers.

Acceptance certificate for a capital construction project

Registration of this document carried out on a standard form. At the top right there is an "Approved" field. This is where the signature of the head of the architectural bureau is placed. The acceptance certificate for a capital construction project in the text part contains the date of the inspection and the name list of commission members. It also contains the full name of the structure/building that was subject to inspection. The lower part of the document contains special columns. They are signed by all members of the commission who carried out the acceptance of the capital construction project. If any of the participants does not agree with the conclusions within the framework of their responsibility and refuses to certify the document with their signature, they must justify this decision. The reasons are stated in writing on behalf of the supervisory authority, from which he is authorized to conduct control activities.

Solution

If inconsistencies are identified, the commission sets a period within which they will be eliminated. At the end of this period, the inspection is carried out again. If the act of commissioning the facility is not signed by any of the inspectors, they draw up a reasoned conclusion indicating the reasons and confirmation of the identified facts of non-compliance. Common reasons failures, as practice shows, is insufficient safety of capital construction projects.

If the customer does not agree with the decision, he has the right to protest it in judicial procedure. The commission may inspect the structure/building until all discrepancies are eliminated. If a positive decision is made, the documents are submitted to the authorized authority to obtain permission. After this, official operation of capital construction projects can be carried out.

Majority investment projects involves carrying out construction and installation work, the logical conclusion of which is the commissioning of a capital construction project. Accordingly, for the purpose of proper control, state level certain standards have been established regulating the commissioning of fixed assets and construction projects. To better understand what it is to put a building into operation, we will now dwell in more detail on the subtleties and nuances that accompany this process.

Modern regulatory framework regulating the issue

The basic concepts and norms about permission to put a facility into operation are prescribed in Article 55 of the Town Planning Code of the Russian Federation. On at the moment used it new edition dated March 7, 2017, which fundamentally changed the procedure for commissioning a structure, since previously the readiness of the structure was confirmed by an act State Commission. Also, when making the final decision, the norms of the Government of the Russian Federation No. 441 and the Regulations on State Construction Supervision in Russia are applied.

Permission to put a facility into operation is official document, which confirms the complete completion of reconstruction or construction of capital facilities in accordance with pre-approved design documentation and construction consent. The compliance of this object with the regulatory requirements for the performance of this type of work at the time of issuance of the permit, the planning project (land survey) of the territory or the right to use the land is also verified.

To obtain permission to put a facility into operation, depending on the type of facility being constructed, the developer needs to contact the authority that issued him consent to carry out construction. These may include:

• executive authority at the federal level;
• organ local government;
• executive body of the subject Russian Federation;
• organization for public administration the use of atomic energy or the development of nuclear power plants and nuclear weapons;
• State Corporation "Roscosmos".

In order for the authorized body to make an informed decision about the commissioning of buildings and structures, the developer must submit a number of documents:

• application (must be registered no more than 15 minutes in advance);

If you need more complete information, The government may establish additional documents, other than those listed in Town Planning Code.

After the applicant submits all the necessary papers, the authorized body is obliged to carry out the following actions within 10 days:

• check the correctness of execution and compliance with the reality of the information specified in the documents;
• visit the site to inspect the erected structure and ensure its compliance with the design documentation and the requirements of current legislation;
• issue permission to put the structure into operation or make a reasoned decision to refuse.

It should be noted that an on-site inspection is not carried out if, during reconstruction or construction, an agreement on state construction supervision was previously concluded.

In what cases may permission be refused?

Submission of the required list of documentation is not in itself a guarantee that the decision of the authorities will be positive. The issuance of permission to operate real estate may be refused, but the refusal must be justified and formalized. The reasons for a negative conclusion may be the following:

• incomplete set of documents submitted by the developer;
• identified discrepancies during the construction of a building approved construction requirements and standards;
• discrepancies with the requirements set out in the permit to conduct construction work;
• disagreements between the design documentation and the actually erected structure or building (this norm does not apply to individual residential buildings);
• misuse of a plot of land that is allocated for the implementation of a specific project.

In addition to the above circumstances, the reason for refusal may be the developer’s failure to comply with the standards provided for in Article 51 (Part 18) of the Code regarding the gratuitous transfer within a 10-day period after the issuance of a permit for construction work to the relevant authorities of information on the area, the planned number of floors and the height of the building, engineering technical networks. Also for placement in urban planning information system one copy of each copy of geodetic and engineering surveys, individual sections of the design documentation used (about fire safety measures or environmental protection) and the layout of the building on a specific land plot.

Providing the missing papers is grounds to return to consideration of the issue. In addition, the developer or investor has the right to challenge in court the refusal of the authorized bodies to issue permission to put the facility into operation.

What is input permission?

The consent of the government authority to commission objects makes it possible to register buildings with the state as completed construction objects or make the necessary changes to the register of reconstructed structures. The permitting papers themselves regarding the construction do not affect the issue of the right to this property and are of a purely technical nature.

Until 2015, the form regulating permission to put a facility into operation was recorded in Decree of the Government of the Russian Federation No. 698 of November 24, 2005. After its cancellation, builders are guided by the model approved by Appendix No. 2 to Order of the Ministry of Construction No. 117/pr dated February 19, 2015.

The approved form is issued to a specific developer indicating the full name of the construction organization or the full name of an individual and address. The name of the stage or the entire capital construction project, the address where it is located and the cadastral number assigned to the land plot are recorded.

The registration number of the permit on the document about the commissioning of a real estate property is multi-component and includes:

• two-digit number of the specific subject of the Russian Federation where the work will be carried out. If the project is implemented in more than one territory, then 00 is entered;
• three-digit number of the municipality in whose territory the project is planned to be implemented. If there are 2 or more entities within the administrative boundaries, then 000 is entered;
• serial number of the permit;
• the full year in which the permit was issued.

To give examples, a project implemented on the territory of 4 adjacent districts, say Novgorod and Pskov regions, may have the number 00-000-164-2017.

Next is a table containing information about the structure. For all types of objects it includes general indicators: construction volume and its underground part, area (total, as well as residential and attached premises), number of structures and buildings. Further, the form provides information depending on the purpose of the structure.

At non-production facilities related to education, healthcare, sports, culture, and recreation, the following parameters are indicated:

• capacity;
• number of places, rooms and floors;
• availability of escalators, elevators and lifts for people with disabilities;
• materials from which the foundation, walls, ceilings and roofing are made.

Near residential buildings The following indicators are recorded:

• square total premises residential (excluding terraces, verandas, loggias and balconies) and non-residential (incl. common property residents);
• number of above-ground and underground floors;
• number of sections and apartments (separately by number of rooms);
• the area of ​​living quarters of the entire house, taking into account loggias, terraces, balconies and verandas;
• engineering and technical devices (elevators, lifts and escalators);
• list of materials used.

For production facilities(plants, factories) the developer is required to indicate the following information:

• type, capacity and performance of the structure;
• availability of engineering networks and systems (elevators, escalators, lifts);
• materials used in construction.

For linear objects(pipelines, power lines, roads, bridges) the list of requirements is slightly different from the list required to commission a building:

• class or category;
• length;
• capacity (freight turnover, throughput, traffic intensity);
• power line voltage level and its type (KVL, VL, CL);
• the number and diameter of pipelines, the materials from which they are made;
• a list of designs that may affect safety.

In its fifth section, the form must contain information about energy efficiency and equipment for metering consumed energy resources:

• energy efficiency class;
• materials used to insulate external structures in this house;
• specific heat energy consumption per 1 sq.m. squares;
• filling level of light openings.

The completed form is handed over to the applicant and sent to the state construction supervision authority within three days. Permission to commission any building is invalid if a technical plan for the structure is not attached to it.

As for individual residential buildings, until March 1, 2018, an object of this type can be put into operation without a permit. In this case, there is no need to provide this document when taking inventory or receiving a registration certificate for your home.

Certain nuances of the procedure for obtaining permission

When preparing all the necessary documentation, the applicant should not forget about the following legal requirements for government agencies regarding the provision of administrative services to citizens and legal entities for the commissioning of structures:

Often, a customer or investor at the stage of handing over a building and putting it into operation prefers to hire a management company. She is able to act as an expert with a keen understanding of maintenance issues. Its specialists work closely with technical supervision experts; they will inspect the degree of completion engineering systems and equipment and their readiness for future use.

If you involve a management company in advance, then its specialized specialists (designer, architect, designer, builder), performing their duties, independently of each other, will check the equipment, test engineering systems, and also identify minor deficiencies. This will contribute positive decision expert commission.

Despite the fact that the document itself is issued free of charge, the investor should draw up a separate cost estimate for the commissioning of the structure, this is especially important for industrial facilities. Money is needed for the following expenses:

• execution contractor commissioning works and maintenance of relevant workers and engineering personnel;
• personnel transportation;
• material and energy resources for testing and checking installed equipment;
• technical support from design, as well as research institutions and organizations for consulting and conducting examinations during commissioning;
• unforeseen expenses.

Knowing such details will relieve the investor from the need to urgently search additional funds, organizations for support and will help you calmly carry out the entire procedure within the period specified by law.

Some subtleties of taxation

Regarding taxation after the building is put into operation, the opinion of investors and tax authorities somewhat different. It is usually considered that after a permit is issued, all work is completed and the structure is completely ready for use. The investor includes the building as part of its fixed assets, and first or later formalizes ownership. But many developers doubt that they are required to include the building in fixed assets immediately after the permit is issued.

Tax authorities believe that they are obliged, otherwise they begin to suspect the investor of trying to gain time when paying property taxes. However, the developer himself determines whether the building is ready for full use at the stage when the occupancy document is received. The readiness of the project for work must be determined by the management of the enterprise.

Insisting on the earliest possible start of payments, fiscal authorities receive a gain in the speed of receiving deductions, but may lose in the amount of the total amount, since in case of incomplete readiness, an incomplete amount of tax is paid.

In this situation, the organization has the following options:

• complete all work, including finishing, make a decision on complete readiness and only after that submit documents for commissioning;
• recognize the building as suitable for use in the process of obtaining a permit, and complete the finishing work on the object that is part of the enterprise’s fixed assets.

However, here you should pay special attention to one detail. If the building is recognized as a fixed asset at the time the permit is issued, then its final value will be considered fully formed on the same date.

To implement the commissioning of a capital construction project, it is necessary to perform a number of works aimed at checking the structure. Such events make it possible to determine how well the finished building complies with legal requirements, norms and rules. The final stage is registration of ownership, and for industrial facilities - acceptance of the structure for accounting for tax refund (VAT).

To understand what commissioning is, it is important to understand the intricacies of legal norms, the implementation of which guarantees the safety of the finished structure and the absence of defects and errors by the developer. The result of the examination is the issuance of permission to enter, which confirms the correctness of the activities and the absence of errors on the part of specialists. Below we will consider the legal norms and the procedure for entering finished building into operation, necessary documents, as well as the reasons for refusal to issue a permit.

Commissioning of a capital construction facility is regulated by legal norms that must be followed by all participants construction process. Others regulations must be followed in accordance with the fundamental law. The peculiarity of the acts is that they complement a number of provisions, but are within the limits of the current legislation.

Regulatory legal acts reflect issues related to obtaining permission to put a facility into operation. They contain a list of papers required for entry, instructions for filling out, as well as forms permitting documentation. Certain information is given in SNiP, which regulates the commissioning of structures belonging to different categories (they are subject to different requirements). In addition, when obtaining permission to open a building (structure), it is worth taking into account regional regulations.

The basic procedure for acceptance and commissioning of a completed construction project is regulated by the following documents:

• Civil Code of the Russian Federation (Article 55).
• Regulations on the GOS in Russia (the document was approved on February 1, 2006).

Taking into account Article 55 of the Civil Code of the Russian Federation, permission to commission must be obtained from the authority that issues permission to construct the facility. To obtain a permit, you must submit an application and attach a package of papers to it. It is worth noting that this package is not limited and can be expanded at the request of the party that accepts the papers. Up to 10 days are given to review the documentation, during which the construction company must obtain permission or a refusal from the authorized body (with explanations).

The package of papers submitted with the application includes a conclusion on the compliance of the building with the project and technical regulations. Drawing up such a conclusion is the task of Gosstroynadzor. What papers will be required are discussed below.

The Regulations on the GOS in the Russian Federation indicate that in order to issue a conclusion, the Gosstroynadzor body must conduct an inspection of the facility. Based on its results, he decides whether to issue a conclusion on the compliance of the structure with current standards or to refuse the applicant. The final inspection is carried out by Gosstroynadzor employees after completion of construction (rehabilitation, capital) work. Up to 30 days are allocated for the final inspection.

A conclusion on the conformity of a structure is issued by the State Construction Supervision Authority only if during the construction process there were no errors or violations when performing work in relation to design or technical documentation. If any have occurred, they must be eliminated by the scheduled date.

The procedure for commissioning a capital construction project

Let's consider the applicant's step-by-step plan of action to obtain permission to enter:

• Application and collection required package papers that, at the request of the inspection body, must be attached by the applicant.
• Writing cover letter and the design of the application, which should contain a diagram of the structure. The latter indicates the communication plan for engineering and technical networks.
• Submitting an application to the authorized structure to receive the service. Along with the application, a package of papers collected at the preparation stage is submitted.
• Registration of application.
• Request for papers (information) that is at the disposal of related authorities. Obtaining the required data occurs through interdepartmental interaction.
• Checking the correctness of documentation, inspecting the structure (if this work was not carried out by the State Construction Supervision Authority).
• Making a decision on the possibility of putting the structure into operation. If the authorized body refuses, it is obliged to explain the reasons for such a decision in writing.
• Preparation of the permit, its execution and delivery to the applicant. The document is issued if the developer has donated a copy of the diagram, which shows the location of the object (built, repaired, reconstructed), the network of engineering and technical support, as well as planning organization of land allotment. Information is entered into the register, which concerns cadastral registration.

Main stages

The main stage of obtaining permission to enter is to check the object (building, structure) for compliance with legal requirements. The following steps are worth considering:

• Drawing up an acceptance certificate. IN Civil Code(Article 753, paragraph 4) it is stated that the transfer of the result of construction work occurs according to the acceptance certificate. The document must be signed by both parties. The State Statistics Committee of the Russian Federation approved the form of the act (KS-11 and KS-2). The latter is used to accept a certain volume of construction work within the facility, as well as to accept a stage of activities provided for in the construction contract. KS-11 is a form that is used to receive the structure as a complex.
• Conclusion of the inspection body. Taking into account the type of object, the conclusion is drawn up by a federal or authorized body. If we are talking about the construction production facility belonging to the category of dangerous, technically complex or unique, as well as communication lines, the conclusion is issued by a federal authority.

The document is issued after the final check has been completed. Based on its results, the quality and sufficiency of the measures taken are assessed, and a decision is made on the possibility of issuing a permit or refusing to provide the service. As noted earlier, the authorized body has up to 10 days to make a decision.

• Permission to put a capital construction project into operation. The last stage is the transfer of a document certifying the applicant’s right to put the structure into operation. Permitting documentation confirms the object’s compliance with legal requirements, the project and the State Budgetary Institution. To obtain the document you need to go through the steps discussed above. The entry permit form was approved back in 2005, by Government Decree No. 698.

Required documents

It was previously noted that, along with the application, the developer (construction company, owner) must prepare a package of papers justifying the legality of the construction and the building’s compliance with current standards. This documentation package includes (according to the Civil Code of the Russian Federation, Article 55, Part 3):

• Papers that confirm the right to a plot of land where work is being carried out.
• GPZU.
• Permission to construct the facility. The paper must be issued taking into account the requirements of the Civil Code of the Russian Federation (Article 51). In addition, permits that were issued before the entry into force of the Civil Code of the Russian Federation are recognized as valid (Federal Law No. 191, paragraph 3, article 8).
• A diagram indicating the location of the facility (reconstructed, constructed, repaired), planning organization, engineering and technical support networks. Such a scheme must contain the signature of the party carrying out the construction work, the customer and the developer carrying out the construction (reconstruction, repair) on the basis of the agreement.
• Conclusion of Gosstroynadzor (if required) on the compliance of the structure (restored, constructed or repaired) with the requirements of the project or technical regulations.
• Information about the capital construction project, engineering and technical networks, as well as copies of sections of the project and the results of engineering surveys. This documentation must be provided free of charge.
• Certificate of acceptance of a capital construction project (if we are talking about the construction, reconstruction or major repairs of an object under a contract).
• A paper confirming the compliance of the finished structure with the requirements of technical regulations. It must be signed by the person carrying out the construction work. The legislation does not provide for a clear form to fill out.
• A paper confirming the compliance of the characteristics of the constructed (repaired, restored) capital construction facility with the project. The document is signed by the person who performs the work (the form is not established).
• Papers confirming compliance with technical conditions signed by representatives of companies that operate engineering and technical networks (if they exist).

What checks and examinations are carried out?

Before the final inspection, a set of works is required:

• Testing of equipment, as well as individual systems. Such activities are completed by checking the main and additional equipment.
• Perform a test run.
• Drawing up an acceptance certificate (required when carrying out work under the contract).

During the process of construction work and installation of structures, intermediate acceptance of equipment and structural elements of the building (including hidden work) must be organized. Functional and personal tests of certain construction systems are carried out with the involvement of the customer after completion of the work. If deficiencies were made or defects were found during the work, they are eliminated by the installation or construction company, as well as by the manufacturer, before a comprehensive inspection.

A trial run is organized up to the complex equipment. The purpose of this work is to check technological schemes, equipment operation and determining the safety level of facility operation. As for comprehensive testing, it is carried out during the final inspection. This means checking the operation of units and additional networks as a whole and under load. A comprehensive test is considered successful if the main equipment worked without failures for 3 days with nominal parameters and load. For heating networks and power lines, this period is 24 hours.

It is worth noting that when conducting final inspections, Gosstroynadzor employees must check the certificates of other state supervision and control bodies, as well as structures that will supply public utilities, on connecting communications to the structure on a permanent basis, on accepting the building for maintenance and fulfilling the technical conditions for connection.

Can entry permission be refused?

The authority that refused to issue an entry permit must explain its position and indicate the reasoned reasons for the refusal. These include:

• Absence complete package documents required by law to obtain permission.
• Deviation of a building (repaired, constructed, reconstructed) from the established parameters. This requirement does not apply to individual housing construction.
• Deviation from the current regulations of the State Property Law Regulations or the requirements contained in the building permit.
• Failure of an authorized person to fulfill the obligation to transmit information on the area, height, number of floors of technical and engineering support networks.

The reason for refusal may be the lack of copies of sections of the project, engineering surveys, planning diagram of the plot, as well as other information that must be transferred according to legal requirements.

Commissioning of a property is a procedure that completes the construction or reconstruction of a property carried out on the basis of a construction (reconstruction) permit.

The document used to formalize the commissioning of a real estate property is the Commissioning Permit.

The concept of Permission to put an object into operation is contained in Art. 55:

“Permission to put a facility into operation is a document that certifies the completion of construction, reconstruction of a capital construction facility in full in accordance with the construction permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction facility with the requirements for construction, reconstruction of a capital construction facility established on the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit, the permitted use of the land plot or in the case of construction, reconstruction of a linear object, the territory planning project and the territory surveying project, as well as restrictions established in accordance with land and other legislation of the Russian Federation ."

To obtain permission to put into operation, it is necessary to prepare a list of documents established by law and go through the sequential procedures provided for by legal norms.

Depending on the type of construction work that was carried out on the property, the list of documents and actions to be entered will be different.

The two main types of permits to put an object into operation are permission to put an object into operation after construction and permission to put an object into operation after reconstruction.

State authorities issuing permits for commissioning

Main government agency The Ministry of Construction and Housing and Communal Services of the Russian Federation is entrusted with the responsibility for issuing permits for the commissioning of OKS at the federal level.

The government body authorized to issue Permits for putting objects into operation in Moscow is Mosgosstroynadzor (State Construction Supervision Committee of the City of Moscow), in St. Petersburg - Gostroynadzor of St. Petersburg (State Construction Supervision and Expertise Service of St. Petersburg).

In other regions, organs are named similarly. The main function of these federal and regional commissioners is government organizations– checking the legality of the construction and reconstruction of OKS on the territory of the Russian Federation and their compliance with the norms and regulations currently in force.

For specialized real estate objects, special rules for commissioning and government agencies that have the right to issue permission for commissioning may be provided. For example, Roscosmos issues permits for the commissioning of facilities related to the space industry.

The powers of government bodies in the field of construction expertise and issuance of permits are assigned to:

1. Decree of the Government of the Russian Federation dated 02/06/2012 N 92 “On the federal executive body authorized to issue construction permits and permits to commission capital construction projects”
2. Ministry Order regional development Russian Federation dated July 2, 2009 No. 251 “On the organization of work on issuing construction permits and permits for the commissioning of capital construction projects specified in Part 5.1 of Article 6 of the Town Planning Code of the Russian Federation, located on land plots that are not subject to the town planning regulations or for which town planning regulations are not established, with the exception of capital construction projects in respect of which carrying out state examination of design documentation and (or) issuing construction permits is assigned to other federal authorities executive power."

According to the hierarchy of legislation, the Town Planning Code occupies the leading place; other regulations are developed on its basis and cannot contradict it.

To implement the norms for issuing permits for OKS, each region can develop its own regulations, but they cannot contradict the Civil Code of the Russian Federation.

Commissioning documents

The Civil Code of the Russian Federation has established a limited list of documents that must be prepared and sent to the authorized government agency to obtain permission to put a facility into operation.

These include:

1. Application for permission to put the facility into operation.
2. Documents evidencing the lawful use of the land plot on which the OKS is located (certificate of title to land).
3. Urban development plan or planning project and land surveying project (for linear objects).
4. Permit for construction of OKS.
5. The act in accordance with which the OKS was accepted by the customer of the work - for cases of construction/reconstruction on the basis of contracts.
6. Confirmation of compliance of the construction work carried out with technical regulations, other requirements and standards (this document is prepared and signed by an authorized person from construction company, who carried out the relevant work).
7. Confirmation of compliance of construction or reconstruction at the site with a previously prepared construction or reconstruction project.
8. A letter or other document from an authorized organization confirming that the OKS complies technical specifications connections to utility networks.
9. A diagram made according to the rules, which displays the location of the public utilities system and all engineering systems on the land plot.
10. A conclusion from the authorized construction supervisory body that the constructed facility meets all the requirements of construction regulations.
11. of a real estate object, made based on the results of measurements and coordination of the OKS.

For special objects, additional requirements for the provision of documents are established, but general list for all OKS is the same.

Important!

State authorities have no right to require the applicant to provide other documents. However, current legislation, especially taking into account the presence of regional orders and instructions, may contain rules that oblige the provision of additional information on the property, and failure to comply with such a requirement may result in a refusal to issue a permit for commissioning.

The body authorized to provide public services The Committee for State Construction Supervision of the City of Moscow is responsible for commissioning OKCs in the Moscow region.

It is worth noting that Moscow has its own special normative document regulating the construction industry -

All interactions to obtain permission to enter are carried out in electronic form using existing services on the official website mos.ru

To regulate certain procedures, Administrative Regulations for issuing permits for commissioning with latest changes dated December 15, 2016.

It establishes that the authorized bodies in Moscow for issuing permits for commissioning are: the Moscow State Construction Supervision Committee, the Department of Natural Resources and Environmental Protection, the Department cultural heritage Moscow. It depends on who initially issued the construction (reconstruction) permit which government agency should be contacted to obtain permission to enter.

It is provided that the applicant, when obtaining permission to enter, can be legal entities and individuals who are developers of OKS on land plots that belong to them by law.

To submit documents using electronic services, you must first go through the registration procedure.

The Administrative Regulations establish a list of documents required for commissioning. The first and main thing is the statement.

The full list of documents corresponds to that given in the Town Planning Code of the Russian Federation.

According to information on the website of the Moscow State Construction Supervision Authority, the period for issuing permission to enter will be seven working days. The Administrative Regulations indicate 10 days.

The grounds for refusal to accept documents for obtaining entry permits are similar to those presented in the Civil Code of the Russian Federation, but they are supplemented - the possibility of refusal to provide public services if electronic application forms are filled out incorrectly, discrepancies in electronic documents are also indicated.

The refusal decision is issued in the form electronic document. Its execution “on paper” is carried out if the applicant requests it within three working days. Such a document is required, for example, when applying to court to challenge a refusal to issue an entry permit. The electronic document is signed with an enhanced electronic digital signature of the responsible official and is available in personal account applicant.

The issuance of permission to enter the facility is not provided for by current legislation. If violations are detected, the government agency does not provide the applicant with the opportunity to correct documents.

Cases of refusal to issue an entry permit are also established by the Town Planning Code of the Russian Federation and duplicated by the Administrative Regulations. We listed them earlier. It is worth noting that if the developer has partially provided the documents according to the list, and the Gosstroynadzor official has requested the missing information in the manner of interdepartmental interaction, and all this information together has discrepancies, the applicant will be denied permission to enter.

The result of applying to the Moscow State Construction Supervision Authority for permission to enter is its receipt. It is issued to the applicant in “paper form” in person or by mail. The regulations also provide for the possibility of providing an electronic document. The applicant indicates in his application the form of permission to put the facility into operation.

The cost of obtaining permission to commission a facility in Moscow has not been established - that is, this service is provided free of charge.

For full interaction with applicants, including on issues of consideration of complaints against the actions of officials and the illegality of issued refusals, the regulations provide for a pre-trial procedure for appeals. The grounds for filing a complaint may be violation of deadlines for issuing a permit or refusal, payment of a fee for obtaining a permit, illegal refusal to accept documents for entry, and others. All complaints are considered by the head of the Moscow State Construction Supervision Authority, and if a complaint is filed against him, then it is considered by the Moscow Government - the Main Control Department of Moscow.

A complaint can be submitted in person, by mail, or using an electronic service. The period for its consideration is a maximum of 15 working days.

Commissioning in St. Petersburg

The commissioning of capital construction projects in St. Petersburg is regulated by the internal documents of the Construction Supervision Service - for the provision of state services for issuing permits for the commissioning of capital construction projects (approved by Order of the State Construction Supervision and Expertise Service of St. Petersburg dated December 30, 2016 No. 10-r).

According to this document, developers or organizations that create artificial land plots (as a special case of the construction of a special real estate facility) can apply for permission to put into operation an OKS.

When applying for permission to enter a representative of the organization, he must have a power of attorney from the manager - it is drawn up in simple written form, certified by a seal and signature.

The body authorized to issue construction permits in St. Petersburg is the State Construction Supervision Service, and the State Construction Supervision Department also participates in the process of preparing permits.

Organizations that are also involved in checking information submitted to Gosstroynadzor, according to the regulations: Committee on Urban Planning and Architecture, Committee on Property Relations of St. Petersburg, St. Petersburg, Management Federal service for environmental, technological and nuclear supervision, Department of Rosprirodnadzor for the Northwestern Federal District, St. Petersburg State Budgetary Institution "Center for Expert Technical Support", St. Petersburg State Unitary Enterprise "St. Petersburg Analytical Center", MFC of St. Petersburg.

Documents provided for receipt are submitted in paper form or in electronic form. The list of documents is presented in the Town Planning Code of the Russian Federation.

Besides established order submission of documents (directly to the government agency, electronic services), in St. Petersburg the functionality of submission is provided by contacting the MFC.

There is also the possibility of electronic appeals: in your personal account on the Gosstroynadzor website www.expertiza.spb.ru; on the government services portal www.gu.spb.ru.

All necessary documents provided in original are also submitted with copies.

Corrections to documents for obtaining commissioning are not allowed if there is no entry certifying their accuracy.

The regulations provide a list of refusals to accept documents and issue permission to enter.

Refusal to accept documents is permitted if: the applicant refuses to submit, there is no application for issuance of permission to enter, no electronic signature applicant (when submitting documents electronically).

The conditions for refusal to issue permission to enter a facility are similar to those set out in the Civil Code of the Russian Federation. This list is specified by law and public authorities have no right to go beyond it.

The period for obtaining permission to put a facility into operation in St. Petersburg is 7 working days.

The issuance of a commissioning permit can be issued in two ways - electronically (if documents were submitted through an electronic service), or in paper form - when applying for a permit through the MFC or the Service.

Primary control over the activities of specialists and officials of the State Construction Supervision Service is assigned to the head of the sector for issuing commissioning permits. If a dispute arises between the applicant and a government agency due to the fact that, in his opinion, the refusal to accept or issue documents was illegal, the interested person has the right to exercise his right to pre-trial settlement conflict.

Complaint form to Gosstroynadzor .

To do this, you can use the provisions of the Regulations - a complaint can be submitted electronically or in paper form in the same manner as provided for sending documents to receive input. The complaint is considered by the State Construction Supervision Service. The period for consideration is 15 working days from the date of registration.

After considering the complaint, a decision is made - or the complaint is satisfied. Or they refuse it. Based on the results of consideration of the complaint, the perpetrators officials may be either subject to disciplinary action or administrative liability.

The regulations stipulate that a complaint may be left without consideration if it contains obscene language, threats, or it is impossible to read certain provisions of the complaint.

If the decision on the complaint does not satisfy the applicant, he has the right to go to court. This right is provided for cases of alternative appeal against decisions of government bodies, or based on the results of pre-trial settlement.

Permission to enter after reconstruction of the facility

The main distinctive components of the set of documents for obtaining permission to put into operation the OKS after reconstruction is the reconstruction project, corresponding building regulations and rules, and OKS after the construction changes.

After the reconstruction of a property, its changes occur, including the internal configuration, the location of support systems in the building, and facades. A new object does not appear, but the old one undergoes a significant modification. Related legal consequences concern the need to enter new information into the Unified state register right for the reconstructed object, the State Construction Supervision authorities will also be required to check the parameters of the property after reconstruction for compliance with the project approved when issuing a permit for reconstruction.

When preparing a technical plan after reconstruction, a cadastral engineer measures the property, prepares outlines and draws up graphics. During the preparation process, the engineer also coordinates the site on the land plot. All information about the object, the owner of the building, legal information, information about changes made. Based on the technical plan, it updates information about the object in . According to the new Federal Law No. 218 “On State Registration of Real Estate”, when entering information about changes in a property during its reconstruction, the information is changed in state cadastre and the register of rights at the same time. In this case, payment state duty is not expected - this applies to both legal entities and individuals.

Commissioning after construction

After carrying out the full range of work on the construction of a new OKS, the developer applies to Gosstroynadzor to obtain Permission to put the facility into operation. Obtaining it will not be a problem if the construction was carried out on the basis of a Permit, and the finished property corresponds to the project.

Compliance with the design of the constructed OKS will be checked by comparing it with the technical plan. a cadastral engineer prepares for commissioning. The company "" employs specialists of the highest level. We have experience in preparing technical plans for apartment buildings and commercial real estate, including underground parking.

Important!

The discrepancy in the area of ​​the finished object and the project cannot be more than 10%.

After obtaining permission to put the object into operation, it is registered in the cadastral register and the rights to it are registered. It should be said that the law currently provides for the possibility of conducting cadastral registration using mechanisms of interdepartmental interaction, i.e. Gosstroynadzor authorities can send to. However, in practice this process is divided.

Acceptance certificate for a capital construction project

The Civil Code of the Russian Federation provides for the need to provide such a document for commissioning as an acceptance certificate. It is not always mandatory - only in cases where the developer and the customer of construction or reconstruction are different legal entities. This document confirms the fact of transfer of the object or part of the construction work to the direct customer and agreement with the work performed.

The Certificate of Acceptance into Operation of OKS should be distinguished from this act. Such a document is currently not provided when preparing a kit for obtaining an Entry Permit.