The Ministry of Regional Development, in order to improve the procedure for adjusting, developing and executing project documentation for the construction of facilities in accordance with modern requirements for the development of information technologies and accelerating the implementation of construction projects, has developed a draft Order on amendments to the Procedure for Developing Project Documentation for the Construction of Facilities
The draft order proposes:
- cancellation of the requirement regarding the need to adjust the approved project documentation for the construction of a facility in connection with the introduction of new regulatory documents, if permits for the performance of preparatory and construction work on such a facility have not been obtained;
- development, execution and transfer to the customer of project documentation for the construction of facilities in the form of electronic documents.
It should be noted that the rule on the need to adjust the design documentation in connection with the introduction of new norms (namely, amendments to clause 15.5 of clause 15 of the Procedure) came into force a few months ago – 02.07.2019, and now the provision that “construction facilities, the design documentation for which is approved in accordance with the Procedure, is subject to adjustment in connection with the introduction of new regulatory documents, if documents granting the right to perform preparatory and construction work have not been received for such facilities” is planned to be canceled. Although, in my opinion, it would be more logical to make changes to the specified subparagraph.
On the one hand, this is a really logical step that will make it possible to avoid additional costs associated with adjusting the approved design documentation for the construction of a facility whose construction has already begun or been completed.
On the other hand, the draft Order also proposes to repeal the provision that requires the mandatory adjustment of project documentation in connection with the introduction of new regulatory documents for facilities for which documents granting the right to perform preparatory and construction work have not been received, and the project documentation for which has been approved in accordance with the Procedure.
Thus, even after new regulations came into force, in particular, regarding increased safety requirements: ensuring mechanical resistance and stability (strength), electrical, explosion, fire safety, energy efficiency of the facility and the requirements of regulations on creating conditions for unhindered access for people with disabilities and other low-mobility groups of the population, but the design documentation for the construction of the facility was approved many years ago (developed according to the “old” regulations), and at the same time the documents for the start of construction work were not received, and the work, accordingly, has not begun, customers/developers will be able to build facilities that do not comply with the current regulations!
In my opinion, the draft Order of the Mniregion should not provide for the complete exclusion of paragraph 2 of subparagraph 15.5 of clause 15 of the Procedure, but for its amendment.
For example, if the design documentation has already been approved, and the permits have not been received within three/six months from the date of such approval (or receipt of the expert opinion), as well as in cases where more than twelve months have passed since the date of approval of the project (or receipt of the expert opinion) (and the permits have not been received), then such design documentation is subject to mandatory adjustment, in cases where such adjustment is due to an increase in the following safety requirements in new regulatory documents: ensuring mechanical resistance and stability (strength), electrical, explosion, fire safety, energy efficiency of the facility and the requirements of regulations on creating conditions for unhindered access for persons with disabilities and other low-mobility population groups.
Or amend paragraph 3 of subparagraph 15.5 of clause 15 of the Procedure to indicate that the design documentation for construction sites, construction work on which has not begun, or built in whole or in part in accordance with the approved project, is not subject to adjustment in connection with the introduction of new regulatory documents, except for cases where such adjustment is due to an increase in the following safety requirements in the new regulatory documents: ensuring mechanical resistance and stability (strength), electrical, explosion, fire safety, energy efficiency of the facility and the requirements of the regulations on creating conditions for unhindered access for persons with disabilities and other low-mobility population groups.
Author: Yuriy Brykaylo, DREAMDIM
