Coordination of construction projects

Where to begin?

First, about one, but very important nuance - there is no specific system for obtaining administrative permits for the construction of a private house, which can be repeatedly used as a template. The reason for this is TSN - territorial building codes. These are documents of local significance – constituent entities of the Russian Federation.

Nevertheless, a general scheme describing the primary actions for obtaining permits still exists. It represents a procedure prescribed by law and operating at the federal level, but does not take into account local regulatory documents. In this case, all responsibility regarding non-compliance with TSN falls on the owner of the house.

The purpose of the state examination is to ensure compliance with the rights of individuals and legal entities, as well as the interests of the state. The absence of a building permit automatically recognizes the construction as unauthorized construction. And this threatens with a fine and demolition of the facility. Here are the situations that may arise in the absence of an agreed project:

Violation of environmental requirements or site boundaries - responsibility falls on the owner.
In case of accidents related to the construction site, the owner is also to blame.
When there is no house design, the contractors often unreasonably inflate the payment for the work.

The presence of an agreed project can protect the rights of all participants related to the construction of the facility.

Read also: “Construction without a project.”

Source documents

Next, we will determine the basic documents that must be provided for approval:

The decision of the town planning committee of a constituent entity of the Russian Federation regarding the admission of a person to the construction of residential real estate, carrying out all relevant design and survey activities (important: regardless of the results and level of design and survey work, in the absence of an order, they are invalid).
A document indicating the size of the plot and its boundaries.
Construction passport.
Permission for engineering support of a construction site.
A specified list of all technical requirements.
Approved conditions from the General Directorate of Civil Defense.
Admission for geodetic analysis, as well as site measurements (important: in the absence of such a document, all subsequent work is illegal).

Documents for direct application for construction approval to the administration of the subject:

An application for a building permit, indicating the planned location (important: the application must be filled out in the prescribed form. Otherwise, it is rejected or not considered).
Passport and its copy.
A certified document confirming the right to use the land.
Site plan - cadastral.
Approved house design.
Order from the KGA (Committee on Urban Planning and Architecture) with a positive response.
Permission to carry out construction work;
A document indicating geological surveys carried out on the site or the results of a topographic survey.

In addition, it is especially worth highlighting information about a plot whose area exceeds 500 m2. Its owners need to obtain an architectural planning assignment (APZ). This document contains a complete list of requirements that are mandatory during the construction of a facility:

Environmental, sanitary and fire safety standards.
Approval of construction in a special manner.
The obligation not to violate the rights of participants and persons affected by construction, even indirectly.

Documents required to obtain an APL: application and documentary evidence of the right to own the site. After the APL is issued, it will be possible to obtain approval for construction from the interdepartmental body of the subject.

Legal center "GRAD"

The construction of any house begins with a project. Drawing up and approving a house project are important, integral procedures, only after which you can start digging a foundation pit, pouring a foundation, etc. To create a project, you initially need a site for construction and your inner vision of the future home. After solving all these issues, you can contact an architect or a specialized company that will draw it up for you. Based on the completed project - in other words, a drawing or sketch - you can really imagine the location, layout of the house, networks and communications. But it will not be possible to start construction right away. First, you need to coordinate the house project with the relevant authorities, for which you will need to collect a certain package of documents.

Firstly, design documentation will be required. It consists of a set of sketches of your future home, as well as a design note attached to the documentation. Then you need to select the project type. It can be both individual and standard. The advantage of an individual one is that it is drawn up by an architect or design company (necessarily with a license to perform the relevant work) taking into account all your wishes and comments, but the disadvantage is that it costs much more than a standard one and takes several times longer to draw up (up to up to a year). If you want to save money and time, you can purchase a standard project . However, you should keep in mind that when purchasing a finished project, you will have to pay a certain amount of money to make additional changes. The simplest changes include changing the slope of the roof, the height of the ceilings of the premises, and modifying utility networks in accordance with state standards. More complex ones, requiring additional calculations and drawings, include changing the size of the building, moving or placing additional bathrooms and toilets, replacing a number of building materials, changing the shape of the roof, etc.

After choosing the type of project, the customer needs to carry out the so-called “linking” of the house (for individual projects, “linking” is carried out initially). It includes drawing up a plan based on soil characteristics, the topography of the construction site, groundwater levels, and the location of utility systems and networks.

Secondly, in order to approve the house design, after preparing the design documentation, you need to plan the architectural part of the house. It includes the facade of the house (from all sides), floor plans, basement, location of window and door openings, roof plan, etc.

Then comes the direct approval of the house project

. You need to submit documents to the regional sanitary and epidemiological service, fire supervision, utility services, etc. It will also be necessary to coordinate the project with the town planning council or its section (if the house is being built in a city) or with local executive authorities (if the house is being built in a village). Some approvals must be obtained before visiting the town planning council.

After completing all approvals for the house project, the customer, together with the architect, if necessary, should submit the project for a comprehensive examination. It is carried out for all buildings, except those included in the “List of objects, the approval of projects of which does not require a state examination conclusion.” During this procedure, your project is checked for compliance with building regulations, fire safety, sanitary and epidemiological, environmental and other standards. The examination is financed by the customer himself.

After receiving positive results of the examination, the local executive authority must issue a construction permit.

It can be quite difficult to independently agree on a house project without relevant experience. In this case, our experts are ready to share their experience and help you. Contact us!

You can order a preliminary consultation by phone +7 (967) 087-44-23 Or use the feedback form. We will be happy to help you resolve any issues that may arise.

Project approval

First of all, a coordinated project is a guarantor of the legality of the construction of the facility. The legislation of the Russian Federation regulates the preliminary state examination and only after that the construction of the building begins. This procedure is mandatory regardless of the form of ownership of the future object or the allocated sources of finance for its construction. If there is no at least one approval or examination regarding the object, it is considered illegal.

Examinations and approvals

Departmental examination, according to paragraph 1.5 of the Government of the Russian Federation No. 1008, can be carried out exclusively by federal bodies that have the authority to conduct it.

The first examination is environmental. It is carried out by the State Committee for Environmental Protection before a decision is made on the implementation of the project. It is not necessary to carry out it everywhere, since Federal Law No. 7 “On Environmental Protection” establishes a specific list of cases and objects when examination is required. Nevertheless, it is not recommended to completely ignore the examination, even when the law does not imply it.
The second is the examination of design and estimate documentation. It is carried out according to the procedure specified in Russian Government Decree No. 585. The cost is determined according to the scope of work, similar to environmental. The final conclusion must be sent to the department of state architectural and construction supervision. If there are no objections, a document is issued confirming the legality of the construction of the object.

Initial permitting documentation, including technical documentation, is submitted to specific approval authorities. Approval is issued in one of the available forms: letter, expert opinion or documented decision. In exceptional cases, only affixing a seal on the project from the appropriate authority is allowed.

Now, as for agreement with each authority:

Architectural and planning documents. Approved by the leading architect of the construction company and provided in three copies. In special cases, they can be signed by the deputy architect.
Confirmation from the State Center for Sanitary and Epidemiological Surveillance. This is a conclusion signed by the city’s chief physician or his deputy.
Approval from the Office of Civil Defense. It is presented in the form of a conclusion and signed only by the head of the department.
Conclusion of the improvement committee. Issued in the form of an opinion from committee experts.
Confirmation by the Committee for State Control, Use and Protection of Historical and Cultural Monuments. It is required only in cases where the construction of an object is planned on the border with a zone of protected cultural heritage. In a number of regions, construction near such zones is strictly prohibited, and therefore you need to find out about the possibility in advance. It is presented in the form of a letter.

Separately, it is worth highlighting the situation when it is planned to build on the border territory of two or more constituent entities of the Russian Federation, or in the border zone of the Russian Federation. In this case, according to the Civil Code of the Russian Federation, a construction permit is issued by a federal body, and not by a body of a specific subject of the Russian Federation.

The procedure for approving a construction project

...now it is impossible for modern architecture to implement anything new without being guided by a social program, which in this case serves as the basis for everything. Le Corbusier

Surely, the famous architect and supporter of the ideas of modernism Le Corbusier not so much foresaw the boom in “paper problems” of the modern developer, but knew about them for sure. Although in different regions of Russia there are differences in the procedure for approving a construction project, basically they are more or less similar. Therefore, before building, it is better to consult competent specialists. It often happens that the customer does not understand the procedure for approving a construction project, either from a lack of information, or from a very confusing system for obtaining approval. However, without this procedure, your property may become a serious problem rather than a desirable property and source of income. No one has ever managed to escape the Urban Planning Code of Russia, which sets out the procedure for approving a construction project. And it doesn’t matter whether the project you have chosen is very simple or too expensive, the important thing is that it needs to be legalized. Namely:

develop estimate and design documentation
document your rights to land
architectural and design solutions are confirmed by calculations

And, of course, obtain a building permit. And this means meeting with representatives of government services that control any construction. There are many of them in our region, SES, fire service, KrasKom, department of urban planning and architecture, interdepartmental commission, etc. In addition to a significant waste of time, you will need to be patient, because some documents sometimes require dozens of approvals. That’s why for many customers, walking through offices often turns into “walking through agony,” and what to do in this case?

The first advice we will give you is to entrust the preparation of documentation for obtaining all construction permits to a qualified contractor who knows exactly the procedure for approving a construction project. Of course, you will have to communicate with designers, architects and builders, but the main thing is that you will not waste time, fray your nerves or waste money. And, in addition, you will receive the agreed project on time! In this case, all you need to do is check the credentials of the design and construction company. That is, make sure that the contractor has a license and is authorized to engage in design and construction. If you decide to save money and try to order a project from a company that does not have a license, then you will be denied a building permit. And besides the monetary expenses, you will actually receive nothing in return. Although some take risks and build anyway, even without the appropriate permission. Today there is a lot of real estate that cannot be bequeathed, sold, or pledged. It is called briefly and clearly “samostroy”, with all the ensuing consequences. By acting wisely, you will not only get rid of unnecessary worries (which are really unnecessary), but also provide your building with guarantees. If not for the rest of your life, then for many years for sure.

The standard procedure for approving a construction project can be divided into five points:

Obtaining a decision on a construction permit from the executive branch. You will need a passport, a title document for the land plot (with a copy), an application addressed to the head of self-government for a building permit, a copy of the project and a copy of the license of the design organization.
The act of surveying the site (the act of delineating the boundaries of the site and the axes of the building). They order it from the regional architecture committee. If construction on the site has already begun, an inspection report of the site from the foundation onwards will be required. In addition, you can order a plan and topographic survey of the site from the district committee for architecture, providing a copy of the land certificate.
Simultaneously with the act, a town planning plan for the land plot must be ordered from regional specialists in architecture and urban planning. To do this, you will need a passport with a copy, a certificate of land and a site plan, an application for a building permit, a resolution or petition from the city government for a building permit, a project, a copy of the design license
To place construction projects on a specific land plot, mandatory approval is required from the fire inspectorate and the sanitary-epidemiological service. If the project has underground or above-ground communications, it will be necessary to coordinate the plan for their implementation with the relevant regulatory services (gas, energy, etc.)

As you can see, the procedure for approving a construction project is complex. According to Decree of the Government of the Russian Federation No. 87 of February 16, 2008 “On the composition of sections of project documentation and requirements for their content,” the set of project documentation includes a graphic and text part. Graphic materials (drawings) show design and technical solutions in the form of diagrams, plans and other graphic documents. The text part of the project is:

list of accepted engineering solutions
explanatory note
regulatory and technical base
design calculations
justification for decisions made
and other information about the construction site

The list of district and city government organizations officially authorized to carry out supervisory and control functions, as well as the addresses of committees, departments and other bodies that consider applications for construction permits in our city and region, coordinate, draw up and issue conclusions on the submitted pre-design materials and design documentation you You can find out on specialized websites.

For reference: Coordination and design are interrelated processes. Therefore, very often you have to deal with them simultaneously, simultaneously coordinating and designing, removing unnecessary things or adding to them. In this connection, we offer you standard projects that are completely ready for construction. Our designers and engineers can quickly “adjust” a standard project to the conditions of your construction. In this case, you can avoid long processes of approving a construction project. Building according to a ready-made (standard) project means always being one step closer to the final goal!

Further possibilities

It is necessary to take into account that the validity period for approval of project documentation is 2 years. When it expires, everything will have to start again. Therefore, you immediately need to calculate your own strengths and financial capabilities - plan the necessary buildings so as not to change the project.

Changes to the project are possible, but subject to a preliminary examination. This is especially true in cases where the changes made affect the safety of the facility. There are several nuances worth noting here:

Expertise of the changes being made is not always required. An exception may be cases when the changes do not concern safety or do not increase the estimate.
When making changes to design characteristics, expertise is always required.
If you receive a negative response from the examination, there are two options: go to court or change individual shortcomings according to the recommendations of experts.

Correcting the project and making additions is possible, but only when the examination confirms the safety of these changes.

A little about guarantees

In the legislation of the Russian Federation for 2021, there are no specific regulations that regulate the statute of limitations on the quality of work. However, this does not mean that the customer of the house is defenseless. There are several options:

Firstly, there is a business custom regulated by Art. 5 of the Civil Code of the Russian Federation - it requires the indication of the limitation period in the contract - the category “Warranty obligations”. It operates on the principle of self-government - people make preliminary agreements among themselves in order to avoid conflict situations.
Secondly, if there is no such category, the customer has the right to turn to Art. 724 Civil Code of the Russian Federation. In accordance with it, if the warranty period is not established, then a claim for improper performance of work is brought within two years. The expiration date begins on the day the object is handed over. If this deadline is missed, the customer can also make demands on the contractor, but he will have to prove that errors in the results were made before the delivery of the object.
Thirdly, according to Art. 761 of the Civil Code of the Russian Federation - a construction company bears full responsibility for incorrectly drawn up technical documentation. This means that if mistakes are made on the part of the construction company, then, at the request of the home owner, it is obliged to correct all the work free of charge, which does not meet the standards. The house plan is also eligible for reimbursement.

Thus, in the absence of warranty obligations being included in the contract, it is possible to demand compensation for losses from the contractor. However, the claim must be filed within a reasonable time - about two years after the delivery of the object.