Certificate sro after 01.07. New requirements for participants

Created on 06/29/2017 08:28

SRO reform in the field of design
1. The permits of self-regulatory organizations (SROs) to perform work that affects the safety of capital construction facilities are becoming a thing of the past. From July 1, these tolerances are no longer valid, so it is impossible to demand their availability from procurement participants. You can request an extract from the register.
2. Participants in the procurement of any design and survey work must be members of the SRO. An exception is made for unitary enterprises, state and municipal institutions, legal entities with state participation, but only for the types of contracts described in Part 2.1 of Art. 47 and part 4.1 of Art. 48 GRK RF.
3. A SRO member who wants to participate in an auction or other competitive procurement (Competitive procurement - all competitive procurements carried out on the basis of Federal Law No. 44) must contribute money to a special compensation fund for securing contractual obligations. This fund acts as an additional insurance for customers against unscrupulous contractors;
4. SROs will be able to defend the interests of their members in court if the customer files a claim for non-performance or improper performance of their obligations.

How competitive procurement of design works will take place from July 1
When purchasing any works on engineering surveys (preparation of project documentation), the notice and documentation must contain the following requirements:
- the participant of the competition must be a member of the SRO in the field of engineering surveys (in the field of architectural and construction design).
- SRO, in which the participant is a member, must have a compensation fund to ensure contractual obligations;
- the total amount of obligations of the procurement participant under contracts concluded using competitive methods should not exceed the level of responsibility of the participant for the compensation fund for ensuring contractual obligations;
- as part of the application, the participant must submit a valid extract from the register of SRO members in the form approved by Order of Rostekhnadzor dated February 16, 2017 N 58.
In the draft contract, we recommend specifying the condition that the customer has the right to unilaterally terminate the contract if the contractor, whose membership in the SRO is mandatory, is excluded from it (clause 3 of article 450.1 of the Civil Code of the Russian Federation, part 9 of article 95 of Law N 44 -FZ).

What to look out for
For an extract - when checking an extract from the register of SRO members, pay attention to the "date" field. The extract must be issued no earlier than one month before the deadline for submission of applications. For example, if the submission of applications ends on September 01, 2017, and the extract was issued on June 29, 2017, the application will be rejected (part 4 of article 55.17 of the Civil Code of the Russian Federation, paragraph 1 of part 6 of article 69 of Law N 44-FZ).

Created on 06/29/2017 08:28

Requirements of SRO designers 2017

From July 1, as a result of the reform, amendments to the Civil Code of the Russian Federation, which are provided for by the Federal Law of July 3, 2016 No. 372-FZ, come into force.

New requirements for SRO for design

1. The permits of self-regulatory organizations to perform work that affects the safety of capital construction facilities are becoming a thing of the past. From July 1, these tolerances are no longer valid, so it is impossible to demand their availability from procurement participants. You can request an extract from the register.
2. Participants in the procurement of any design and survey work must be members of the SRO. An exception is made for unitary enterprises, state and municipal institutions, legal entities with state participation, but only for the types of contracts described in Part 2.1 of Art. 47 and part 4.1 of Art. 48 GRK RF.
3. From July 1, 2017, a member of the SRO of designers who wants to participate in an auction or other competitive procurement (Competitive procurement - all competitive procurements carried out on the basis of Federal Law No. 44) must contribute money to a special compensation fund for securing contractual obligations. This fund acts as an additional insurance for customers against unscrupulous contractors;
4. Since 2017, SROs of designers will be able to defend the interests of their members in court if the customer files a claim for non-fulfillment or improper fulfillment of their obligations.

In accordance with the new SRO design requirements, when purchasing any engineering survey work, the notice and documentation must contain the following requirements:

• the bidder must be a member of a self-regulatory organization in the field of engineering surveys;
• From July 1, 2017, the SRO of designers, in which the participant is a member, must have a compensation fund to ensure contractual obligations;
• the total amount of obligations of the procurement participant under contracts concluded using competitive methods should not exceed the level of responsibility of the participant for the compensation fund for ensuring contractual obligations;
• as part of the application, the participant must submit a valid extract from the register of SRO members in the form approved by Rostechnadzor Order No. 58 dated February 16, 2017.

The SRO requirements have changed since July 1, 2017. The self-regulatory organization still issues a document that allows you to legally work in the construction industry. But now, instead of a certificate, members of the organization receive an extract from the electronic state register. There are other innovations in this area as well.

Changes in the conditions of SRO membership from July 1, 2017

Changes in the conditions of SRO membership took place from July 1, 2017. It was from that day that 372-FZ came into force. This bill and its consequences were vigorously discussed by builders, customers, contractors, developers and developers.

How can builders work in the new conditions? Does everyone need it now? What threatens those who work without permission? Has the membership fee changed?

Requirements for joining the SRO of builders

From July 1, 2017, the requirements for joining the SRO of builders have changed. These innovations are aimed at streamlining and organizing work in the construction industry.

Regionalization of SRO

According to the amendments dated July 1, 2017, in the Town Planning Code, builders must become members of the SRO at the place of registration of the organization. This means that members of construction SROs are required to register in the same subject of Russia (region, territory, republic) as the SRO itself. If an organization is registered in the Krasnodar Territory, then it must join the SRO of the Krasnodar Territory. This innovation applies only to builders and does not apply to designers and surveyors.

If there is no SRO in a subject of Russia, the company applies to a self-regulatory organization of a neighboring subject with a common border to obtain an admission. She provides an extract from the state register and becomes a member of the SRO of this region.

There are no SROs in the Jewish Autonomous Oblast and the Chukotka Autonomous Okrug, as there are less than 100 construction firms in each subject that require SRO approval. Construction companies of the Chukotka Autonomous Okrug may join the SRO of the Republic of Sakha and the Kamchatka Territory. The neighboring subjects of the Jewish Autonomous Region are the Amur Region, the Khabarovsk and Primorsky Territories.

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Who needs an SRO permit

After the adoption of the law in 2017, the number of companies that need permission has decreased SRO, these are the new rules for joining the SRO.

SRO approval is needed for companies that:

• conclude construction contracts for the construction, reconstruction and overhaul of capital construction projects with the developer, technical customer, the person responsible for the operation of the building and the regional operator;

conclude contracts for the amount of more than 3 million rubles.

The execution of work under such contracts is provided by specialists in the organization of construction - the chief engineers of the project.

Thanks to the new law, the concept of “technical customer” appeared. He must be a member of the SRO. His tasks:

• conclusion of contracts for the performance of engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities;

preparation of tasks for the implementation of these types of work;

provision of materials and documents necessary for the implementation of these types of work to those who perform engineering surveys, construction, reconstruction, overhaul of capital construction facilities and (or) prepare project documentation;

approval of project documentation;

signing of documents that are mandatory for obtaining permission to put the capital construction object into operation;

performs other functions in accordance with the amendments to the SRO in the Urban Planning Code of July 1, 2017.

A technical customer or developer can only be a legal entity, a contractor - a legal entity or individual entrepreneur.

From July 1, 2017, a certificate of admission of the SRO to work that affects the safety of capital construction facilities is not required. To confirm the right to perform certain types of construction work, an extract from the electronic register of SRO members is required. Thus, the List of types of work is cancelled.

SRO approval is not required:

• organizations with state participation: state unitary enterprises and municipal unitary enterprises, in which the state's share is at least 50%; SUE and MUP, signing contracts with state corporations, authorities and local government agencies;

firms established by public legal entities (PLE) and organizations in which the share of PLE is at least 50%;

organizations working or planning to work only on a subcontract through construction contracts, while insurance obligations should not exceed 3 million rubles;

individuals who build on land owned by them on the basis of private property rights;

contractors building or repairing an object that is not a permanent structure (for example, a kiosk);

entrepreneurs and individuals building, repairing or overhauling individual residential buildings.

Formation of the second compensation fund

Since July 1, 2017, changes in the field of SROs have affected compensation funds. For organizations that plan to participate in competitive procedures and conclude contracts with Capital Repair Funds and in accordance with 44-FZ, 223-FZ, it is necessary to create a second compensation fund for ensuring contractual obligations (KF ODO). The purpose of this fund is to compensate for possible damage caused to third parties. Such funds need to be created by self-regulatory organizations, where at least 30 members have applied for participation in procurement on a competitive basis.

The amounts of mandatory cash transfers have changed. According to the new law, there are five levels of responsibility for enterprises and entrepreneurs, depending on the amount of the contract and the cost of work. The amount of contribution per SRO member in the field of construction, reconstruction, overhaul of capital construction facilities is presented in this table.

National Registry of Specialists

From July 1, 2017, another innovation in relation to SROs was the introduction of a national register of specialists in the field of construction, engineering surveys and design. Such a register is maintained by national associations of SROs. According to the amendments to the SRO in the Urban Planning Code of July 1, 2017, the minimum requirements for specialists are as follows:

• higher specialized education in the construction industry;

at least 3 years of experience in engineering positions in companies involved in the construction, reconstruction, overhaul of capital construction projects;

total experience in the profession or specialty in the field of construction for at least 10 years;

certificate of advanced training and completion of such courses at least once every 5 years;

for foreign citizens work permit;

certificate of no criminal record;

registration of an employee in a construction organization at the main place of work.

After the submission of documents, notification from NOSTROY and NOPRIZ about the entry of specialists into the register, the SRO issues an extract from the unified electronic register.

SRO insurance

The SRO has the right to develop and approve internal documents on insurance of the risk of civil liability and on the conditions of such insurance. Although this is an optional requirement for membership in the SRO.

Purpose of insurance in SRO:

• ensuring the protection of construction companies;

reduction of material losses that occur as a result of damage due to poor-quality work.

Some SROs issue insurance to compensate for damage during construction. Causing damage can occur as a result of work that affects the safety of capital construction projects.

SROs can develop and approve documents on insurance of non-fulfillment of contractual obligations. An insured event occurs if members of the SRO violate the terms of the contract for the performance of engineering surveys, preparation of project documentation, construction contracts drawn up using competitive methods of concluding contracts.

According to the law, contributions to the compensation fund can be reduced if the company pays for insurance. For example, future members of construction SROs can pay a contribution to the compensation fund in the amount of 300 thousand rubles, and not 1 million rubles.

First, the insurance company pays for the damage. If there are not enough funds, then they are taken from the SRO compensation fund.

It is not necessary to pay insurance to become a member of an SRO, but it can protect construction companies that are already members of the SRO and those that plan to join it.

On July 1, 2017, a new edition of the Town Planning Code of the Russian Federation came into force. The amendments are related to the functions of developers and self-regulatory organizations that carry out engineering surveys and prepare design documentation for capital construction.

Amendments to the Town Planning Code of the Russian Federation, which entered into force on July 1, 2017, introduced two new laws at once:

Federal Law No. 372-FZ of July 3, 2016,

Federal Law No. 373-FZ of July 3, 2016.

Both documents relate to the preparation of documentation for the planning of the territory and the conduct of engineering surveys. They changed a number of articles of the Code.

Technical customers

In particular, in accordance with the new edition article 1 of the Civil Code of the Russian Federation developers now have the right to transfer their functions, provided for by the legislation on urban planning, to a technical customer. At the same time, in accordance with the text of this article, a technical customer is a legal entity that is authorized by the developer and on his behalf concludes contracts on:

• performance of engineering surveys;
• preparation of project documentation;
• construction, reconstruction;
• overhaul of capital construction projects.

Also, the technical customer prepares assignments for the performance of the specified types of work, provides persons performing engineering surveys and (or) preparing project documentation, construction, reconstruction, overhaul of capital construction facilities with materials and documents necessary to perform these types of work. The functions of a technical customer can only be performed by a member of the SRO in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects.

Territory planning

Membership in SRO in the field of engineering surveys

New edition article 46.8 of the Civil Code of the Russian Federation provides as one of the prerequisites for participation in the auction for the right to conclude an agreement on the development of the territory for the construction of economy class housing, an agreement on the integrated development of the territory for the construction of economy class housing, membership in SROs in the field of engineering surveys, architectural and construction design, construction, etc.

According to the norms Article 47 of the Civil Code of the Russian Federation all works under contracts for the performance of engineering surveys concluded with the developer, technical customer or a person who received in accordance with Land Code of the Russian Federation permission to use land or a land plot owned by the state or municipality for the performance of engineering surveys (hereinafter also referred to as contracts for engineering surveys) must be carried out only by individual entrepreneurs or legal entities that are members of the SRO in the field of engineering surveys. At the same time, the execution of engineering surveys under such contracts is provided exclusively by specialists in the organization of engineering surveys (chief engineers of projects). Work under contracts for the performance of engineering surveys concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such SROs. The article also provides a list of cases where membership in the SRO is not required. Article 48 of the Civil Code of the Russian Federation similar requirements for architectural and construction works are defined. BUT Article 52 of the Civil Code of the Russian Federation- to the implementation of construction, reconstruction, overhaul of capital construction projects.

In line with new requirements article 53 of the Civil Code of the Russian Federation construction control may also be carried out by developers, technical customers, persons responsible for the operation of a building, structure, or regional operators who may involve individual entrepreneurs or legal entities on the basis of an agreement. According to the norms article 55 of the Civil Code of the Russian Federation in order to issue a permit to put an object into operation, one needs, among other things, an act of acceptance of a capital construction object (in the case of construction, reconstruction on the basis of a construction contract).

New edition article 55.1 of the Civil Code of the Russian Federation provides for among the main goals of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities to ensure the fulfillment by SRO members of obligations under contracts for engineering surveys, for the preparation of project documentation, construction contracts concluded with using competitive methods for determining suppliers (contractors, performers) in accordance with the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs.

New edition article 55.2 of the Civil Code of the Russian Federation allows non-profit organizations created in the form of an association (union) to acquire the status of a self-regulatory organization. Paragraphs 1.1, 4 and 5 of this article have become invalid. A new paragraph 7 has been added to the article with the following content:

The liquidation of a non-profit organization that has the status of a self-regulatory organization is carried out only after the removal of information about it from the state register of self-regulatory organizations and enrollment in the manner and within the time period established by part 14 article 55.16 of the Civil Code of the Russian Federation, the funds of its compensation fund (compensation funds) to a special bank account of the National Association of Self-Regulatory Organizations, of which such a self-regulatory organization was a member.

Now it is called "Standards and internal documents of a self-regulatory organization" and regulates all internal documents of an NPO, which it must develop and approve before obtaining the status of an SRO. Norms articles 55.5-1 of the Civil Code of the Russian Federation determine the requirements for specialists of such organizations. And the norms article 55.6 of the Civil Code of the Russian Federation regulate the requirements and procedure for admission to membership of such SROs. New edition article 55.7 of the Civil Code of the Russian Federation regulates changes in the termination of membership in the SRO.

Also, a new one has been added to the Code, which determines the procedure for compensation for damage caused as a result of non-fulfillment or improper fulfillment by a member of a self-regulatory organization of obligations under a contract for the performance of engineering surveys, preparation of design documentation, a construction contract concluded using competitive methods of concluding a contract.

SRO - main changes in 2017

On July 1, 2017, the Federal Law of July 3, 2016 No. 372-FZ “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force

All changes can be divided into 3 groups:

Changes related to the "regionalization" of construction SROs;

Changes relating to the category of persons who require an SRO;

Changes, in terms of the formation of the second compensation fund "Securing contractual obligations".

1. Re-regionization

Currently, construction organizations should only be members of those SROs that are registered in a constituent entity of the Russian Federation (region, territory, republic) that the construction organization itself is. If this rule is not observed, there is a transition period during which organizations must move to "regional" SRO.

SRO is required:

1. Developers, in case of self-construction;
2. Technical customers (an individual acting on a professional basis, or a legal entity who is authorized by the developer and on behalf of the developer enter into agreements on the performance of engineering surveys, on the preparation of project documentation, on the construction, reconstruction, overhaul of capital construction facilities, prepare assignments for the implementation of the specified types of work, provide persons performing engineering surveys and (or) preparing project documentation, construction, reconstruction, overhaul of capital construction facilities with materials and documents necessary to perform these types of work, approve project documentation, sign the documents necessary to obtain a permit to put the capital construction object into operation, perform other functions provided for by this Code.);
3. Organizations and individual entrepreneurs entering into direct contracts with developers or technical customers, if the amount of the contract is more than 3 million rubles;
4. Organizations and individual entrepreneurs entering into direct agreements with regional operators (overhaul funds) and organizations operating buildings and structures, if the amount of the agreement is more than 3 million rubles;
5. Organizations and individual entrepreneurs participating in competitive procedures under 44-FZ and 223-FZ, if the contract amount is more than 3 million rubles.

SRO is not required:

1. Organizations and individual entrepreneurs entering into direct contracts with developers or technical customers, if the amount of the contract less than 3 million rubles;
2. Organizations and individual entrepreneurs entering into direct contracts with regional operators (overhaul funds) and organizations operating buildings and structures, if the amount of the contract less than 3 million rubles;
3. Organizations and individual entrepreneurs participating in competitive procedures under 44-FZ and 223-FZ, if the amount of the contract less than 3 million rubles(here you need to take into account the price that you specify in the application, and not the initial price of the lot);
4. Organizations with state participation;
5. Individuals who independently carry out individual housing construction;
6. Organizations and individual entrepreneurs engaged in the construction of objects that are not objects of capital construction (sheds, kiosks, etc.);
7. Organizations and individual entrepreneurs carrying out construction control under the contract.

Since the categories of persons who require membership in a construction SRO and who do not need membership in a construction SRO are defined The list of types of work (Order No. 624 of the Ministry of Regional Development) is canceled from July 1, 2017. Accordingly, the type of activity now does not affect the need to join the SRO, only the amount of the contract .

A couple more important points.

8) in Article 52:

a) Part 2 shall be stated as follows:
"2. Work under contracts for the construction, reconstruction, overhaul of capital construction projects concluded with the developer, technical customer, the person responsible for the operation of the building, structure, regional operator (hereinafter also referred to as the construction contract) must be carried out only by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of construction, reconstruction, overhaul of capital construction facilities, unless otherwise provided by this article. projects) Work under contracts for the construction, reconstruction, overhaul of capital construction projects concluded with other persons may be carried out by individual entrepreneurs or legal entities by those who are not members of such self-regulatory organizations."

those. if you do not work directly with the customer (technical customer), but are a subcontractor, the restriction on the contract amount of 3 million rubles does not apply to you, the contract can be concluded for any amount without membership in the SRO. In this case, the general contractor assumes responsibility for the quality of fulfillment of obligations.

Articles 47 and 48 are worded similarly, i.e. survey and design work is allowed to be performed only if there is membership in the project SRO (regardless of the amount of the contract), work without a project SRO is allowed on a subcontract.

3. The size of the compensation fund, taking into account Article 55 of the Civil Code of the Russian Federation