LawRegulatory Compliance

Permit documentation: preparation, execution, receipt

, необходимой для выполнения определенных видов деятельности. Legislation establishes a list of licensing documents necessary for the performance of certain types of activities. Norms provide for a special procedure for its compilation and issuance. . Let us further consider which permitting documentation is used in construction .

General information

The erection of new structures, carrying out some other construction work is allowed in accordance with the permits. First of all, the papers referring to the provision of a piece of land belong to it. . Based on them, authorization documents for design are made .

Land plot

In any allotments, entities carrying out the erection of structures or other work relating to buildings (reconstruction, overhaul, for example) must comply with the requirements for the intended use. Plots that relate to the property of the municipality or the state may be provided by the authorized bodies directly for construction. Users of allotments in their activities should be guided by the 263rd article of the Civil Code (paragraph 1). In accordance with it, subjects who are not title holders of land plots should receive permission from the owner to perform construction work. It can be contained in a separate paper or included in a contract with the user.

Additionally

должна включать и бумагу, в которой будет согласие собственника этого здания. If the subject intends to carry out the reconstruction or make changes to the existing structure, the initial authorization documentation for the construction must include the paper in which the owner of the building will consent. The corresponding requirement is established in Federal Law No. 169, which regulates architectural activities in the Russian Federation. The normative act provides that construction work on any site should be carried out with the consent of the owner of the site or building, subject to compliance with the SNiP and town planning regulations. This provision is present in the third article (part 3, paragraph 2) of the said Federal Law.

Project-permitting documentation

It is developed in accordance with the SNIP and other rules and regulations. должна быть согласована с рядом контрольных органов. The initial permitting documentation for construction must be agreed with a number of control bodies. First of all, they include the department of architecture, as well as the state control and supervision services. проектной называют документацию, в которой содержатся материалы, представленные в текстовом виде, а также в форме карт и схем. In accordance with the 48th article of the Urban Planning Code, the design is called documentation, which contains materials presented in text form, as well as in the form of maps and charts. It defines architectural, constructive, functional and engineering solutions to support work on the site. необходима, если предполагаемые мероприятия будут влиять на характеристики безопасности и надежности сооружений. Permit construction documentation is necessary if the proposed measures will affect the safety and reliability characteristics of the structures.

Development

может осуществляться непосредственно самим исполнителем работ. Preparation of permits can be carried out directly by the contractor. The subject also has the right to involve in development the organization having the corresponding license. , необходимо выполнить инженерные изыскания. Before obtaining permits , it is necessary to carry out engineering surveys. Without their results, the papers will not be submitted. The search can also be performed by the subject himself or by involving an organization that has a license for this.

Required Information

осуществляется на основании материалов, которые представляет заинтересованное лицо (исполнитель работ). Registration of authorization documentation is carried out on the basis of materials submitted by the interested person (contractor). The necessary information and papers include:

  1. Technical specification. It is presented if the contractor has involved a licensed organization in the development of securities.
  2. Town-planning plan for the construction site.
  3. Results of completed engineering surveys.
  4. Paper, certifying the use of allotments in accordance with the intended purpose.
  5. Terms of accession to engineering and technical communication networks.

Sections

в строительстве включает в себя: In accordance with general rules, permits for construction include:

  1. Explanatory note. In it, among other things, there should be input data for the development of the scheme of construction, reconstruction, overhaul, the results of research and technical conditions.
  2. Drawing of the planning organization of the site. It is carried out in accordance with the town planning plan.
  3. Architectural solutions.
  4. Volumetric-planning and constructive schemes.
  5. Information about engineering equipment, supply networks, a list of activities for their installation and connection.
  6. Plan for the organization of construction.
  7. Project of works on dismantling / demolition of objects, their parts. It is provided if necessary to carry out the specified works.
  8. List of activities aimed at protecting the environment.
  9. List of works to ensure fire safety.
  10. List of activities to provide access to cultural, medical, sports and other institutions, catering facilities, transport, trade, financial, administrative, business, religious purposes, as well as housing facilities. It is presented in the case of the development of relevant projects.
  11. The estimate of the capital construction object financed from budgetary funds.

Expertise

должна быть направлена на проверку. Permit documentation should be sent for verification. In the case of a positive expert opinion, it is approved. As a rule, this is done by putting the signature of the official, the representative / head of the authorized body and the seal on the title page. должна пройти обязательную проверку. The government establishes cases when the permit documentation must undergo mandatory verification. In particular, Resolution No. 1008 of January 1, 2001 specifies that the examination should be conducted in respect of all papers relating to activities affecting structural and other characteristics of safety and reliability of structures, regardless of the form of ownership and sources of financing for the facility.

Exceptions

не предусмотрена. They are structures, for technical re-equipment, reconstruction, expansion, erection, overhaul, liquidation and conservation of which permits documentation is not provided. In addition, the examination is not conducted for securities:

  1. On separate objects IZhS not more than 3 floors.
  2. Residential buildings no more than three floors, consisting of 10 or less blocks.
  3. Multifamily structures with a height of no more than 3 floors, which include 4 or less block sections. At the same time in each of them there must be a separate entrance, which opens onto the territory of common use.
  4. The objects of capital construction, which stand alone, are not more than 2 storeys high, not designed for production and for people. At the same time, their total area should not be more than 1,5 thousand square meters. M.
  5. Separately located capital construction facilities, whose height is not more than 2 floors intended for production activities, but for which no sanitary zones are required, or they are installed within the site.

Subject of verification

It is the evaluation of the compliance of documentation with the provisions of technical regulations, sanitary and epidemiological, environmental standards, the requirements of state protection of cultural and historical heritage, industrial, fire, nuclear, radiation and other safety, and the results of engineering surveys. The objectives of the examination, therefore, are:

  1. Prevention of erection of objects, construction and operation of which violate the interests and rights of citizens and legal entities or do not meet the requirements of rules and norms approved in accordance with the established procedure.
  2. Evaluation of the effectiveness of capital investments, which are directed to perform work from the budget of the appropriate level.

проходит проверку в уполномоченных госорганах либо в организациях, которые имеют государственную аккредитацию. Permit documentation is tested in authorized state bodies or in organizations that have state accreditation.

Nuances

In some cases, state expertise and the preparation of additional securities are necessary. For example, pre-project documentation for structures and other facilities, the construction of which is partially or completely carried out at the expense of budget funds, state loans and loans received under state guarantees, other investments coming in the form of state support, is tested before approval. A similar rule applies to securities that are developed for potentially dangerous and particularly complex in terms of technical design, regardless of the source of their financing and type of ownership. In respect of facilities, the construction of which is carried out at the customer's expense, including those involved, the decision on the performance of state expertise is made by him himself. The exception is especially complex and potentially dangerous structures and structures.

Obtaining permits

After carrying out the examination, positive approval of the paper is approved. The developer, having received the documentation, applies to the authorized organization with an application for the issuance of a building permit and / or warrant. The type of securities will depend on the nature of the work. According to the 51st article of the Town Planning Code, the building permit confirms that the documentation meets the requirements of the site plan. This paper gives the subject the right to perform the necessary work on the site. Permission is granted on the basis of an application. Attached to him are papers certifying the rights to the plot. In addition, the authorized authority requires approved project documentation. The form in which the application is drawn up, the terms and procedure for its consideration are determined by the Town Planning Code, as well as other regulatory enactments. The authorization form is approved by the government.

Required papers

In order to obtain a permit, the developer must submit to the authorized agency, the regional / local authority, a statement with the attachment:

  1. Title papers on the plot.
  2. The town-planning plan was put on.
  3. Materials present in the project documentation.
  4. Explanatory note.
  5. Scheme of planning organization of the site. It is carried out in accordance with the allotment plan. The scheme designates the location of the capital construction object, the passages and entrances to it, the boundaries of the territories where public easements and monuments of the archaeological heritage operate.
  6. Drawing of the planning organization of the site. It confirms the location of the linear object within the boundaries of the red lines, which are approved as part of the relevant documentation.
  7. Schemes representing architectural solutions.
  8. Information about engineering equipment, a consolidated plan of supply networks with the designation of sites connecting the facility to them.
  9. The project of the organization of construction.
  10. The work plan for dismantling / demolition of objects and their elements (if necessary).
  11. Positive conclusion of the examination.
  12. Permits to deviate from the limits of construction / reconstruction.
  13. Consent rights holders to perform works.
  14. Positive conclusion of non-state expertise (if available).

Simplified order

It is used in case the permit is granted for the construction of an IZHS facility for which project documentation is not compiled. In this situation, the interested person applies to the application:

  1. Title papers on the allotment.
  2. Town-planning plan of the site.
  3. Drawing planning organization of the territory, which indicates the location of the object IZHS.

Actions of authorized bodies

Approved documentation and building permits must be registered with local management structures. The authorized body has the right to refuse to issue paper in the absence of necessary materials or the lack of compliance of their information with the requirements established in the plan or the tolerance for deviation from the limit values. This decision can be challenged in court. The building permit is provided free of charge. This paper has a certain period of validity - 10 years for IZHS objects. The period for other buildings is set in accordance with the construction project.

A responsibility

Violation of the established procedure for issuing permits is punishable by law. Responsibility is established by the Code of Administrative Offenses. In accordance with Art. 8.4. Subjects who failed to comply with the requirements of the law on the mandatory nature of the state expertise, as well as persons implementing or financing projects that are to be tested, who have not received a positive opinion, are punished with an administrative fine. The amount of recovery for citizens - 10-15, officials - 30-50, organizations - 400-500 minimum wages. Subjects carrying out activities that do not correspond to the documentation for which a positive opinion was issued may be brought to administrative responsibility. In this case, fines for citizens are 15-20 minimum wages, for officials and organizations, their size is similar to the above figures. Construction of buildings and buildings of non-production and production purpose, IZHS objects without permission shall entail the imposition of an administrative penalty in accordance with Art. 9.5, item 1 of the Administrative Code. For citizens, the penalty is 3-5, officials - 5-10, organizations - 50-100 minimum wages.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.birmiss.com. Theme powered by WordPress.