Preparation of a diagram showing the location of the constructed or reconstructed capital construction facility, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot. How to die

Situation: within what time frame is the developer (technical customer) required to sign an acceptance certificate for the results of work from the general contractor (contractor)?

The developer (technical customer), who has received a message from the contractor about the readiness to deliver the result of the work performed under the construction contract, is obliged to immediately begin accepting it (Clause 1 of Article 753 of the Civil Code of the Russian Federation). Specific deadlines for signing the act of acceptance of work results are not provided for in the legislation. An exception is cases of suspension or termination of construction: in such situations, the acceptance certificate for the completed part of the work must be signed within a month (clause 5.16.1 of SNiP 12-01-2004, approved by Decree of the State Construction Committee of Russia dated April 19, 2004 No. 70).

If there are no such provisions in the contract, this does not mean that the developer has the right to delay signing the act for an unlimited time. If the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after its occurrence (clause 2 of Article 314 of the Civil Code of the Russian Federation). If there are no deadlines in the contract, the contractor (general contractor) may set the deadline for signing in the covering letter to the deed submitted to the developer. The legislation does not contain any restrictions in this regard. Failure to comply with the deadlines specified in the act may be regarded by the contractor (general contractor) as the developer’s evasion from signing the act. Unilateral signing of the act in this case is not prohibited by law (Article 753 of the Civil Code of the Russian Federation).

Participation of representatives of government agencies

In cases provided for by law or other legal acts, representatives of government agencies and local governments must participate in the acceptance of the results of work (Clause 2 of Article 753 of the Civil Code of the Russian Federation).

Situation: In what cases should representatives of government agencies and local governments be involved in accepting the results of work under a construction contract?

The requirement for representatives of state bodies to participate in the delivery and acceptance of the results of work performed under a construction contract is contained in SNiP 3.01.04-87, approved by Decree of the USSR State Construction Committee of April 21, 1987 No. 84, as well as in the Decree of the USSR Council of Ministers of January 23, 1981 . No. 105 (valid to the extent that does not contradict current legislation). In relation to individual real estate objects (for example, gasification, electrification objects), there are special rules for the acceptance into operation of completed construction objects (see, for example, SNiP 42-01-2002).

Preparing the facility for operation

To prepare a construction project for operation, it is necessary to transfer the facilities to permanent sources of engineering and technical support. In addition, territorial building codes may establish additional requirements for preparing facilities for operation.

The developer must obtain a conclusion on the compliance of the constructed, reconstructed, repaired capital construction facility with the requirements of technical regulations and design documentation (if the facility is subject to state construction supervision). To do this, the developer submits a notice of completion of construction to the territorial department of the State Construction Supervision Authority of Russia. After an inspection that does not reveal any violations, he will be given a conclusion. Such rules are provided for in paragraphs 25-29 of the Procedure approved by Order of Rostechnadzor dated December 26, 2006 No. 1129.

Acceptance into operation of completed construction projects is carried out by acceptance commissions. Acceptance commissions for production facilities of budget financing are appointed by ministries and departments - government customers and relevant administrations. For extra-budgetary financing projects, the commission is appointed by the construction organizer (i.e., the developer), who often also performs the function of an investor, or a technical customer authorized by him. Such clarifications are contained in the letter of the Gosstroy of Russia dated November 5, 2001 No. LB-6062/9.

Based on the results of acceptance of the work results, the acceptance committee will issue a report. Usually this is an act of form No. KS-11, approved by Resolution of the State Statistics Committee of Russia dated October 30, 1997 No. 71a.

Permission to put the facility into operation

If a building permit was previously obtained for construction work, the developer must obtain permission to put the facility into operation. This conclusion follows from Part 2 of Article 55 of the Town Planning Code of the Russian Federation.

A permit to put a facility into operation is a document that certifies:

completion of the construction of the facility in full in accordance with building permit ;

compliance of the constructed facility with the urban planning plan of the land plot, as well as project documentation .

This is stated in Part 1 of Article 55 of the Town Planning Code of the Russian Federation.

To obtain permission to put a construction project into operation, the developer must contact the same body where he received the construction permit with an application for a permit to put the project into operation (Part 2 of Article 55 of the Town Planning Code of the Russian Federation). The name of the authority to contact is contained in regional or local documents. For example, in the Kolomensky municipal district of the Moscow region, such a permit is issued by the local administration (clause 3.1 of the Regulations approved by the resolution of the administration of the Kolomensky district of the Moscow region dated August 18, 2009 No. 1139).

Please attach to your application:

documents of title to the land plot (for example, a lease agreement);

urban planning plan of the land plot;

building permit;

act of acceptance of a capital construction project (usually this is form No. KS-11 ).

a diagram showing the location of the capital construction project, engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot and signed by the person carrying out the construction (as well as the developer or technical customer);

technical plan prepared in accordance with the requirements of Article 41 of the Law of July 24, 2007 No. 221-FZ.

Documents confirming compliance of the construction project parameters with legal requirements will also be required.

Firstly, this is a document confirming the compliance of the parameters of the object with the design documentation and signed by the person carrying out the construction, as well as by the developer or technical customer. The form of this document can be approved at the regional level. For example, in the Leningrad region this is the form given in Appendix 3 to the Administrative Regulations, approved by order of the Committee of State Construction Supervision and State Expertise of the Leningrad Region dated June 17, 2011 No. 15.

Secondly, you will need documents confirming the facility’s compliance with technical specifications and signed by representatives of organizations operating engineering support networks (if any). The forms of these documents are not approved at the federal level. In most regions, the form of the document and the procedure for its issuance are determined by the organizations that issued the technical specifications.

Thirdly, the applicant must submit a document confirming the compliance of the constructed, reconstructed, repaired capital construction facility with the requirements of technical regulations. For example, in the Leningrad Region, the form of such a document is given in Appendix 2 to the Administrative Regulations, approved by order of the Committee of State Construction Supervision and State Expertise of the Leningrad Region dated June 17, 2011 No. 15.

In addition, in order to obtain permission to put a facility into operation, you need a conclusion from the State Construction Supervision Authority on the compliance of the constructed, reconstructed, or repaired capital construction facility with the requirements of technical regulations and design documentation.

Such a list of permitting documents for putting objects into operation is established by Part 3 of Article 55 of the Town Planning Code of the Russian Federation and expanded by Decree of the Government of the Russian Federation of March 1, 2013 No. 175 (Part 4 of Article 55 of the Town Planning Code of the Russian Federation).

Situation: To obtain permission to commission a construction project, is it possible to submit geodetic survey materials of utility networks and the construction site instead of a diagram showing the location of the capital construction project??

No, you can't.

The list of documents that must be prepared in order to obtain permission to commission a construction project is given in Part 3 of Article 55 of the Town Planning Code of the Russian Federation. What is mentioned there is a diagram showing the location of the capital construction project, engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot and signed by the person carrying out the construction (as well as the developer or customer).

Submission of another document, even containing the same information as this diagram, is illegal. This conclusion is confirmed by the materials of arbitration practice (see, for example, the resolution of the FAS of the Volga-Vyatka District dated April 27, 2009 No. A28-9065/2008-322/27).

Situation: In what cases will a power of attorney be required to obtain permission to put into operation a construction project?

Issue a power of attorney to the representative of the organization who directly applies for permission to put into operation a construction project.

It is explained this way. The list of documents that must be prepared in order to obtain permission to commission a construction project is given in Part 3 of Article 55 of the Town Planning Code of the Russian Federation. There is no power of attorney on this list.

However, without a power of attorney, only its head or manager (head of the management organization) can act on behalf of the organization. The powers of the director are confirmed by the charter and the decision on his appointment (election). This follows from the provisions of Article 53 of the Civil Code of the Russian Federation, Articles 40 and 42 of the Law of February 8, 1998 No. 14-FZ and Article 69 of the Law of December 26, 1995 No. 208-FZ. In all other cases, a power of attorney will be required.

Acceptance of the object by the investor

After receiving permission to put the constructed facility into operation, the transfer of the facility built under an investment agreement for the construction of the facility is formalized by an acceptance certificate. This is the final document that confirms the mutual fulfillment of the parties’ obligations under the investment agreement. The act should indicate the following information:

about constructed objects (indicating their identification numbers, areas taking into account BTI measurements, characteristics of premises, etc.);

on the procedure for distributing constructed facilities (areas) between investors (co-investors).

The standard form of the acceptance certificate is not established by law. Therefore, the developer can develop this form independently as an annex to the investment agreement. The legality of this approach is due to the fact that all relations between the investor and the developer, including the procedure for acceptance and transfer of work, are carried out on the basis of an investment agreement concluded between them (Article 8 of the Law of February 25, 1999 No. 39-FZ).

The terms of an investment agreement, under which the developer undertakes to build several objects, may provide for the acceptance and transfer of each object separately. In this case, the acceptance and transfer of individual construction projects can be formalized by an act on the results of partial implementation of the investment agreement (acceptance of work at certain stages).

To the act on the results of the implementation (partial implementation) of the investment agreement, the developer attaches an act on the transfer of costs for the construction of the facility. In this act, the developer lists all costs associated with construction (cost of materials consumed, contract work, etc.) and reflects the initial cost of the constructed facility.

To transfer a completed construction project, you can draw up an act in any form. For this purpose, acceptance certificates using forms can be used as a sample No. KS-11 And No. KS-14, which were approved by Decree of the State Statistics Committee of Russia dated October 30, 1997 No. 71a. For more information on completing these forms, seeHow to reflect the acquisition of fixed assets for a fee in accounting .

Within five days after the transfer of the constructed facility to the investor and the signing of the act on the results of the implementation of the investment agreement, the developer issues invoices to the investor (clause 3 of Article 168 of the Tax Code of the Russian Federation).

If the developer uses the simplification, he can also issue a consolidated invoice to the investor for the cost of the work performed by the contractor. This is necessary in order to ensure the investor's right to a VAT refund. At the same time, the developer does not have to pay VAT to the budget based on this invoice. This position is reflected in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 26, 2012 No. 1784/12. This court decision, in fact, is a precedent. It says that in the absence of other obstacles, previously adopted judicial acts in similar cases can be revised on the basis of paragraph 5 of part 3 of Article 311 of the Arbitration Procedure Code of the Russian Federation (based on newly discovered circumstances).

Having planned the construction of a house or bathhouse on a plot of land, many are faced with the fact that they first need to obtain a building permit. To obtain it, you will need to collect a certain package of documents, including SPOZU (scheme of planning organization of a land plot), and submit them to the architectural department of the local administrative body.

The cost of producing a layout diagram for a plot of land in Moscow and the Moscow region usually starts from 5,000 rubles, and depends on many factors that can greatly increase the cost of its production.

If you decide to save money and make a SPOZU for construction yourself, then read this article further, in it we will tell you: is it possible to make a SPOZU with your own hands, what are the requirements for it and where is it better to order it if necessary.

Is it possible to make a SPOSU circuit yourself?

Form, structure and composition of the land plot layout

The basis of the SPOZU is made up of materials from topographic surveys carried out earlier. The diagram indicates the number of the GPZU, the plan of the residential building, the height (for individual housing construction, a maximum of 3 floors), the type of fencing, communication networks, zone boundaries, access roads and other information. See our article on SPOSU for more details.

Form of the SOPSU

At the top of the sheet on the right, a column should indicate the address of the site, building parameters, legend and symbols.

The drawing itself is placed in the center.

Below is technical information in text form, notes.

The drawing is done manually (in blue or purple ink, drawing ink) or electronically. A3 or A4 format, white sheet. The text part must be printed and readable.

SPROM structure

SPOSU consists of:

title page,
graphic part,
text part,
applications.

Composition of the OSD

At the end of the document, a list contains information from cadastral records, namely:

cadastral number of the plot,
site boundaries,
building plan number,
total area,
location of capital construction projects,
marks on the location of future buildings,
communication network diagram,
driveways,
sidewalks.

Sample do-it-yourself planning scheme for organizing a land plot

In order for a self-prepared POZU scheme to be accepted by the authorities, and for you to receive a construction permit, the document must include comprehensive information and comply with legal requirements. Here is an example of what the SPOSU diagram should look like.

Step by step it looks like this:

transfer the building area from the GPZU or topographic plan, if necessary, changing the scale to 1:500;
draw existing construction projects on a diagram;
put future buildings on the diagram with a dotted line;
in the text part, provide explanations for the diagram;
indicate the necessary technical information.

What list of documents will be required to obtain?

To obtain permission to operate the constructed building, it is necessary to organize work related to the study of the site. The result of the event identifies the building’s compliance with legal requirements.

It is prohibited to operate a capital construction facility without permits

To understand what commissioning is, you should familiarize yourself with the basics of legal norms, the implementation of which, in accordance with all the rules, guarantees that the construction project does not pose a danger associated with shortcomings or errors of workers. The result of the inspection of the constructed facility must be reflected in the permit document. It indicates the competent performance of work in the planned volume.

Legal standards

The procedure for putting a capital construction project into operation is regulated by legislative norms that require strict implementation of all prescribed measures.

Other regulations are drawn up taking into account the requirements of this document. They supplement it with certain provisions, but do not deviate from the norms of this law. The regulations reflect all issues related to obtaining permits, without which it is impossible to officially put a building or structure into operation. There you can find a list of documents, instructions for filling them out, and approved permit forms.

State construction supervision scheme

Enough information can be gleaned from the current SNiPs, which regulate the commissioning of objects of various categories, each of which has separate requirements. When carrying out the operation, regional regulations should be taken into account.

The procedure for consideration and decision-making on the commissioning of capital construction projects

To obtain permission, without which it is prohibited to operate the building, you must act in accordance with a certain algorithm. You need to follow these steps step by step:

Submit an application.
Prepare a package of documentation that is an attachment to the application.
Write a cover letter attaching a diagram of the facility, which should show the communications plan for the engineering and technical networks installed on the land plot in question.
Submit an application to a specialized organization.

The decision to enter the building into the registry database relating to cadastral registration, or to refuse to carry out the event, is made by representatives of the authorized bodies after considering the application with a set of documentation.

Documents for commissioning of the facility

Basic documents regulating architectural and construction activities

To obtain permission for the application, you must prepare a set of papers justifying the construction’s compliance with certain standards, compliance with which guarantees safe operation. These papers include:

A document substantiating the ownership of the land where the buildings were built. This could be a lease agreement, a certificate of ownership or a cadastral plan.
Land plan.
Planning project taking into account the division of the territory.
Permission received by the construction organizer before it begins.
An object acceptance certificate in form KS - 11 is provided in the case of contract construction.
Certificate of compliance confirming the construction’s compliance with regulated requirements. It must be signed by the developer who directly organized and carried out the construction work.
Certificate of compliance of the construction with the design documentation. It should reflect information about energy efficiency, as well as the availability of metering devices. The paper is signed by the developer or technical customer.
Documents on compliance with technical specifications drawn up by representatives of the organization who are responsible for the functionality of engineering networks. These include businesses such as energy companies and city water utilities.
A schematic plan for the location of engineering structures on the construction site, signed by the developer or technical customer. If the building belongs to the individual category, in which the work was performed without the involvement of hired workers, this paper is not required.
Conclusion of state construction supervision units on compliance of design documentation and technical standards.
A notarized copy of the compulsory insurance agreement. It is necessary to insure the customer against financial losses in the event of accidents and harm to the health of workers during construction work, since they are classified as dangerous.
A plan of the facility, drawn up in technical form.

Read also: What is an organization's OKPO code?

When can a permit be refused?

If, when submitting documentation for consideration, at least one document is missing, or the papers are drawn up without taking into account the requirements for the form or notarization, then the application will not be considered and the applicant will be denied permission.

Precursors of problems may arise even at the stage of determining the building’s compliance with standards. To do this, it is necessary to organize control by government authorities at all stages of construction, starting with obtaining permission to begin work.

If the developer did not promptly notify representatives of authorized bodies about the planned and completed work, as a result of which their production was not controlled, and the stages of work were not recorded in acts, then it will be difficult to obtain a positive conclusion. In such a situation, you will have to use the services of licensed independent experts.

How is the final inspection carried out?

An expert opinion on compliance is issued after a final inspection of the equipment. To obtain a document, it is necessary to test it during trial runs. At the same time, elements of the building for structural purposes are checked, as well as components of equipment located on the site.

Metering devices

In a comprehensive test of equipment, it is necessary to take into account the condition of ventilation, pipelines and fire safety systems. The procedure is carried out over 72 hours, in the mode of active operation of internal and external engineering systems. The test is considered successful if all equipment operates without failure.

If defects are identified, representatives of regulatory authorities issue orders to eliminate them. After all comments have been taken into account and recommended measures have been taken, the tests must be repeated.

A positive conclusion on compliance with regulatory requirements based on the results of the final control is issued after checking the acts that were issued during the construction period by state control authorities. It is also necessary to provide certificates from utility providers, which should reflect information about the acceptance of the building for maintenance.

You and I are discussing this very issue: whether or not it is necessary to indicate any data from the PZZ/GPZU in the SPZU. You are trying to prove what is necessary, but you could not provide a single norm that confirms your point of view. I argue the opposite, saying that no other information except the location of a residential building is required to be indicated in the SPOZU, in support of which I cited quotes from the relevant norms.
I’m not doing this at all for the sake of an argument with you (personally, you are free to do whatever you want, think as you like and make money as you like - this is your personal business), I’m doing this for those who read this forum, to help them understand the intricacies of our legislation and protect against unnecessary mistakes.
That is why I only respond to those replicas of your posts that relate to the essence of our dispute/discussion.
Interestingly, Article 55 does not indicate anywhere that the compliance of the location of the object is checked according to the technical plan. So where did you get the idea that this is checked according to the technical plan? Just your opinion?
Yeah, mine.
3. To make a decision on issuing a permit to put a facility into operation, the following documents are required:
...
12) technical plan of a capital construction project, prepared in accordance with Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”.
...
And, as a general rule, it is needed for this:
11. The permit to put a facility into operation must reflect information about the capital construction facility to the extent necessary for its state cadastral registration. The composition of such information must comply with the requirements established in accordance with the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" for the composition of information in the graphic and text parts of the technical plan.
This is necessary solely to achieve one single goal - to check the compliance of the construction with the city regulations, which are reflected in the GPZU:
1. Permission to put a facility into operation is a document that certifies the completion of construction... capital construction in full in accordance with a building permit... compliance with the built... requirements for the construction... of a capital construction project, 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...
Do you understand what is written here? The compliance of the constructed facility with the requirements specified in the GPZU, and not in the RnS, is checked.
I repeat once again: construction requirements are established by urban planning regulations as part of the approval of the PZZ. The GPZU is essentially an extract from the PZZ for a specific area. So, what is built must correspond THIS requirements. In this context, there is no talk about RnS at all. RnS certifies compliance with design documentation THIS same requirements. In accordance with the RnS, nothing is being built; construction is carried out in accordance with the design documentation. And, since design documentation is not required for individual housing construction projects, then RnS in this case becomes nothing more than a formality, in which there is not even anything to indicate, since all parameters must be taken from the design documentation.
I understand that this is an “extremely complex” combination, and, apparently, that’s why many people want to enter numbers from the design documentation (area, number of floors, etc., etc.) into the SPOZU, which is not required to be entered there in order to replace the design documentation with them .
Sorry for my directness, but I can’t think of anything more stupid.
If for you the “development coefficient” is very different from the “percentage of development”, then I personally offer you my deepest apologies for the inaccuracy.

Notification type	Request for quotation
Notice number	0318200009213000107
Region	Krasnodar region
Name
Publication date	July 22, 2013
Start date and time for submitting quotation bids	July 23, 2013
Closing date and time for submitting quotation bids	July 29, 2013

Contact information

The order is placed by a specialized organization
Postal address
Actual address	Russian Federation, 350062, Krasnodar region, Krasnodar city, Kalyaeva, 196
Telephone	7-861-2200557
Fax	7-861-2200557
E-mail	[email protected]
Contact person	Belik Anton Alekseevich

Subject of the contract

Subject of the contract	Preparation of a diagram showing the location of the constructed or reconstructed capital construction facility, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot
Initial (maximum) contract price	RUB 244,300.00
Quantity of goods, volume of work or services	In accordance with the Terms of Reference
OKDP
Place of delivery of goods, performance of work or provision of services	Krasnodar region, Leningradsky district, Leningradskoe village, Leningradskaya village, st. Lenina, 59-A and Krasnodar region, Belorechensky district, Rodnikovskoye village, Rodniki village, st. Industrial, b/n
Delivery time for goods, performance of work or provision of services	The period for completing the work is 5 (five) working days.
Customer	State government institution "Main Directorate of Construction of the Krasnodar Territory"