up to 60 000 000

up to 500,000,000

up to 3,000,000,000

up to 10,000,000,000

over 10,000,000,000

up to 60 000 000

up to 500,000,000

up to 3,000,000,000

up to 10,000,000,000

over 10,000,000,000

up to 500,000,000

up to 3,000,000,000

up to 10,000,000,000

At construction company there is a permit from the SRO to work on the organization of construction, reconstruction, provided for in clause 33.5 (heat supply facilities) and to work under clause 33.3. (housing and civil construction).

Can a company participate in the auction if the subject of the auction includes not only the works provided for in paragraphs. 33.5, 33.3 of the List, but the project also provides for works on power supply, water supply and sewerage, and others. Does the customer have the right to indicate in the tender (auction) documentation the need to provide also permits in the SRO certificates for said works(they are provided for in paragraphs 33.4, 33.7 of the List)?

Answer:

Item 33 of the List, approved by Order of the Ministry of Energy of the Russian Federation No. 624, includes sub-items on objects of work, not by types of work.

That is, if, according to the SRO certificate, the company has permission to work on construction organization 33.3 (residential and civil construction), then your company has the right to carry out work on the organization of construction (for example, an apartment building) as a general contractor, including work on the organization of work on electricity, water supply and sewerage (directly specified work will be carried out already by subcontractors engaged by you who have the appropriate SRO approvals for work).

Accordingly, if the subject of the auction is the performance of work on organizing the construction or reconstruction of a heat supply facility (clause 33.5 of the List), then work on water supply and sewerage, electricity supply, etc. is also carried out within the framework of the relevant SRO approval for work. Additional, separate permits for the organization of work on power supply, water supply are not required.

We can give the following example from judicial practice.

The municipal customer announced an open auction in electronic form, the subject of which was work on "seismic strengthening of the building of the district boiler house."

CJSC did not agree with the terms of the auction and sent a complaint to the OFAS about the recognition of the customer as violating the provisions of the law on placing orders.

However, the OFAS decided to recognize the CJSC's complaint as unfounded, where it is indicated that the customer rightfully established in the auction documentation the requirement that the participants in the order placement not only have access to the work specified in clause 33.5 in SRO certificates. List ("heat supply facilities"), but also the admission to work in accordance with paragraphs. 33.3, 33.4, 33.7. List.

JSC applied to court of Arbitration with the requirement to invalidate the said decision of the OFAS.

The Arbitration Court satisfied the requirements, the Court of Appeal leaving unchanged the judicial act of the Court of First Instance indicated the following.

The work on the object "Seismic strengthening of the building of the district boiler house" requires the presence of certificates of SROs on admission to work, therefore, in the auction documentation, the customer established requirements for the presence in the application of certificates of SROs on admission to work that affects the safety of the capital construction object from the group 33 of the List of works (“works on the organization of construction, reconstruction and overhaul ...”)

At the same time, as the court pointed out, in this case, the customer had the right to demand from the participants in the placement of the order to provide only a certificate of admission to work under clause 33.5 of the List of types of work "Heat supply facilities", because the subject of the order was the construction and installation work on the building of the district boiler room.

Thus, as the courts of both instances pointed out, despite the fact that according to project documentation it was also supposed to carry out work on the installation of power equipment and the reconstruction of electric lighting, landscaping, heat supply, heating, internal water supply and sewerage, work permits in accordance with paragraphs. 33.3, 33.4, 33.7. The list was not required, since all the listed types of work are carried out at one facility - a heat supply facility, for which only a permit is required, provided for in clause 33.5 of the List. (from the Resolution of the Fifth Arbitration Court of Appeal dated February 27, 2013 N 05AP-992 / 2013 in case N A59-4295 / 2012)

The material was provided by Logos Legal Center LLC (Omsk)

SRO admission for construction, SRO admission in installments without interest, list of works,

Types of work List Approved by order of the Ministry of Regional Development of the Russian Federation dated December 30, 2009 No. 624

Joining the SRO, advanced training of specialists,

32. Works on the implementation of construction control by the involved developer or customer on the basis of an agreement by a legal entity or individual entrepreneur

32.1. Building control for general construction works (groups of types of work No. 1-3, 5-7, 9-14)

32.2. Construction control over well construction works (group of types of work No. 4)

32.3. Construction control over drilling and blasting (group of types of work No. 8)

32.4. Construction control over work in the field of water supply and sewerage (type of work No. 15.1, 23.32, 24.29, 24.30, groups of types of work No. 16, 17)

32.5. Construction control over work in the field of heat and gas supply and ventilation (types of work No. 15.2, 15.3, 15.4, 23.4, 23.5, 24.14, 24.19, 24.20, 24.21, 24.22, 24.24, 24.25, 24.26, groups of types of work No. 18, 19.)

32.6. Construction control over work in the area fire safety(type of work No. 12.3, 12.12, 23.6, 24.10-24.12)

32.7. Construction control over work in the field of power supply (type of work
No. 15.5, 15.6, 23.6, 24.3-24.10, group of types of work No. 20)

32.8. Construction control during the construction, reconstruction and overhaul of communication facilities (types of work No. 23.33, group of types of work No. 21)

32.9. Construction control during the construction, reconstruction and overhaul of oil and gas facilities gas industry(type of work No. 23.9, 23.10, group of types of work No. 22)

32.10. Construction control during the construction, reconstruction and overhaul of roads and airfields, bridges, flyovers and overpasses (type of work No. 23.35, groups of types of work No. 25, 29)

32.11. Construction control during the arrangement of railway and tram tracks (types of work No. 23.16, group of types of work No. 26)

32.12. Construction control during construction, reconstruction and overhaul in underground conditions (types of work No. 23.17, groups of types of work No. 27, 28)

32.13. Construction control over hydrotechnical and diving works (group of types of work No. 30)

32.14. Construction control during construction, reconstruction and overhaul of industrial furnaces and chimneys (group of types of work No. 31)

32.15. Construction control during construction, reconstruction and overhaul of nuclear facilities (23.7)

33. Works on the organization of construction, reconstruction and overhaul by the involved developer or customer on the basis of a contract by a legal entity or an individual entrepreneur (general contractor):

33.1. Industrial engineering

33.1.1. Enterprises and facilities of the fuel industry

33.1.2. Enterprises and facilities of the coal industry

33.1.3. Enterprises and objects of ferrous metallurgy

33.1.4. Enterprises and objects of non-ferrous metallurgy

33.1.5 Enterprises and facilities of the chemical and petrochemical industry

33.1.6 Enterprises and objects of mechanical engineering and metalworking

33.1.7. Enterprises and facilities of the forestry, woodworking, pulp and paper industries

33.1.8. Enterprises and facilities light industry*

33.1.9. Enterprises and facilities Food Industry*

33.1.10. Enterprises and objects of agriculture and forestry*

33.1.11. Thermal power plants

33.1.12. Nuclear facilities

33.1.13. Power supply facilities over 110 kV

33.1.14. Oil and gas facilities

33.2. Transport construction

33.2.1. Roads and road transport infrastructure

33.2.2. Railways and rail transport infrastructure

Order of the Ministry of Regional Development No. 624 dated December 30, 2009, defining the List of types of services for design, engineering surveys and construction, obliges the contractor to have a permit self-regulatory organization(SRO) to carry out these works. But is it worth it for a general contractor to join an SRO and obtain a permit if, in fact, the entire range of work will be performed by subcontractors who already have such a certificate in their hands?

According to the law, SRO approval for general contracting is one of the mandatory documents for construction, preparation of design documents or engineering surveys. If the above works fit the description of the List, their implementation without admission of SRO for general contracting illegal and punishable by a fine or imprisonment for especially serious crimes. According to article 706, clause 3 of the Civil Code of the Russian Federation, the main responsibility for improper or total failure to fulfill obligations by subcontractors lies with the general contractor. Subcontractors are liable only for the unfair performance of the obligations set forth in the contract. That is why the general contractor must go through the procedure for joining the SRO in order to obtain permission to carry out the work specified in the List.

What types of work require SRO approval

Item 33 The list of types of work on construction, engineering surveys and design is determined by full list services requiring the admission of a self-regulatory organization: 33. Works on the organization of construction, reconstruction and overhaul by an involved developer or customer on the basis of an agreement by a legal entity or an individual entrepreneur (general contractor

Subtypes of work:

• 33.1. Industrial engineering
  • 33.1.1. Enterprises and facilities of the fuel industry
  • 33.1.2. Enterprises and facilities of the coal industry
  • 33.1.3. Enterprises and objects of ferrous metallurgy
  • 33.1.4. Enterprises and objects of non-ferrous metallurgy
  • 33.1.5. Enterprises and objects of the chemical and petrochemical industry
  • 33.1.6. Enterprises and objects of mechanical engineering and metalworking
  • 33.1.7. Enterprises and facilities of the forestry, woodworking, pulp and paper industries
  • 33.1.8. Enterprises and objects of light industry
  • 33.1.9. Enterprises and objects of the food industry
  • 33.1.10. Enterprises and objects of agriculture and forestry
  • 33.1.11. Thermal power plants
  • 33.1.12. Nuclear facilities
  • 33.1.13. Power supply facilities over 110 kV
  • 33.1.14. Oil and gas facilities
• 33.2. Transport construction
  • 33.2.1. Roads and road transport infrastructure
  • 33.2.2. Railways and rail transport infrastructure
  • 33.2.3. Airports and other aviation infrastructure facilities
  • 33.2.4. Road and rail tunnels
  • 33.2.5. Subways
  • 33.2.6. Bridges (large and medium)
  • 33.2.7. Enterprises and public transport facilities
• 33.3. Housing and civil construction
• 33.4. Power supply facilities up to 110 kV inclusive
• 33.5. Heat supply facilities
• 33.6. Gas supply facilities
• 33.7. Water supply and sewerage facilities
• 33.8. Buildings and facilities of communication facilities
• 33.9. Maritime transport facilities
• 33.10. River transport facilities
• 33.11. Hydropower facilities
• 33.12. Dams, dams, canals, bank protection structures, reservoirs (with the exception of hydropower facilities)
• 33.13. Irrigation facilities

How to obtain SRO approval for the rights of a general contractor

The construction organization is simply obliged to have SRO admission for general contracting, because in the absence of such a document, the signed contracts will not have legal force, and the work will be illegal.

Requirements for the issuance of a certificate of admission to the work on the organization of housing and civil construction, reconstruction and overhaul with an involved developer or customer on the basis of an agreement by a legal entity or individual entrepreneur (general contractor) (except for especially dangerous and technically complex facilities, atomic energy use)

(clause 33.3. of the List of types of work approved by the order of the Ministry of Regional Development of Russia dated December 30, 2009 No. 624)

1. General Provisions.

2. Documents submitted for obtaining a certificate of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities.

3. Requirements for the number of employees of an individual entrepreneur or legal entity.

4. Qualifications to employees of a legal entity, employees of an individual entrepreneur, an individual entrepreneur to obtain a certificate of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities.

5. Requirements for the property necessary to carry out work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities.

1. General Provisions

1.1 These Requirements for the issuance of a certificate of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities have been developed in accordance with the Constitution of the Russian Federation, Urban Planning Code Russian Federation, federal law dated 01.12.2007 No. 315-FZ “On self-regulatory organizations”, by order of the Ministry of Regional Development of the Russian Federation dated 30.12.2009 No. 624 “On approval of the List of types of work on engineering surveys, on the preparation of project documentation, on construction, reconstruction, overhaul capital construction facilities that affect the safety of capital construction facilities" as amended by Order of the Ministry of Regional Development of the Russian Federation No. 294 dated June 23, 2010, as well as the Charter of the Association "Association of General Contractors in Construction" (hereinafter - the Association), other acts of the Association and are binding on members of the Association.

1.2 Verification of documents for compliance with the requirements for issuing certificates of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction, inclusive, is carried out only in relation to members of the Association, or organizations (individual entrepreneurs) that have applied for membership in the Association (hereinafter respectively - the certificate of admission, the applicant).

1.3 An applicant who is denied admission to the Association membership certificate is not issued.

2. Documents submitted for obtaining a certificate of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities

To obtain a certificate of admission, the applicant submits the following documents:

a) an application addressed to the President of the Association about joining the Association and the intention to receive a certificate of admission;

b) information sheet of the applicant;

c) a copy of a certificate issued by another self-regulatory organization of the same type of admission to certain types of work that affect the safety of a capital construction object, in case of membership in another self-regulatory organization, certified by the seal of the applicant;

d) a copy of the certificate confirming the fact of making an entry on the registration of the applicant in the relevant state register, certified by a notary;

e) a copy(s) of the sheet(s) of the record of state registration changes made to the constituent documents of the applicant (if any), notarized;

f) copies constituent documents(for a legal entity), notarized; duly certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of the relevant state (for a foreign legal entity);

g) a copy of the certificate of registration with the tax authority at the location in the territory of the Russian Federation, certified by a notary;

h) extract from the Unified state register legal entities (individual entrepreneurs), certified by a notary or the original;

i) information on the availability and level of qualification of the applicant's managers and employees, with copies of documents on the level of education, certified by the seal of the applicant organization, confirming the applicant's compliance with the qualification requirements set forth in Section 4 of these Requirements;

j) copies of documents of the applicant's employees on their advanced training, certified by the seal of the applicant;

k) information on the applicant's property (buildings, premises, equipment and inventory) necessary for the performance of the relevant work;

l) documents confirming that the applicant has a quality management system;

m) the regulation on the subdivision performing the functions of the general contractor and the order on the appointment of persons responsible for the performance of the functions of the general contractor.

3. Requirements for the number of employees of the applicant to obtain a certificate of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction.

For admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction, the applicant must have at least 5 employees with higher professional education at the place of main work.

4. Qualification requirements for employees of a legal entity, employees of an individual entrepreneur, an individual entrepreneur to obtain a certificate of admission to work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities

4.1. Qualification requirements for employees of a legal entity and employees of an individual entrepreneur:

4.1.1. The head of the legal entity (or his deputy):

Higher professional education in the specialty “Industrial and civil construction”, or “Construction”, or “Hydraulic engineering construction”, or “Transport construction”, or “Urban construction and economy”, or “Heat and gas supply and ventilation”, or “Water supply and sanitation”, or “ Energy supply of enterprises”, or “Electrical equipment and electrical facilities of enterprises, organizations and institutions”, or “Electrical engineering, electromechanics and electrotechnologies”, or “Power industry”, or “Communication networks and switching systems”, or “Multichannel telecommunications”, or higher professional technical education and professional retraining(over 500 hours) by direction professional activity.

4.1.2. Employees of a legal entity, employees of an individual entrepreneur may include:

Head of production and technical department

Higher education in the specialty “Industrial and civil construction”, or “Construction”, or “Hydraulic engineering construction”, or “Transport construction”, or “Urban construction and economy”, or “Heat and gas supply and ventilation”, or “Water supply and sanitation”, or “Power supply of enterprises”, or “Electrical equipment and electrical facilities of enterprises, organizations and institutions”, or “Electrical engineering, electromechanics and electrotechnologies”, or “Electric power industry”, or “Communication networks and switching systems”, or “Multichannel telecommunications”, or higher professional technical education and professional retraining (over 500 hours) in the direction of professional activity.

Passing advanced training in the field of construction at least once every 5 years with certification.

Chief Power Engineer

Higher professional education in the specialty "Energy supply of enterprises", or "Electrical equipment and electrical equipment of enterprises, organizations and institutions", or "Electrical engineering, electromechanics and electrotechnology", or "Power engineering", or higher professional technical education and professional retraining (over 500 hours) for direction of professional activity.

Work experience in the specialty must be at least 5 years. Passing advanced training at least once every 5 years with certification.

Chief mechanical engineer

Higher professional education in the specialty "Mechanization and automation of construction", or higher professional technical education and professional retraining (over 500 hours) in the direction of professional activity.

Work experience in the specialty must be at least 5 years.

Passing advanced training in the field of construction at least once every 5 years with certification.

Chief technologist (or process engineer);

Higher (or process engineer - secondary) vocational education in the construction industry, or higher vocational technical education and professional retraining (over 500 hours) in the direction of professional activity.

Work experience in the specialty must be at least 5 years.

Passing advanced training in the field of construction at least once every 5 years with certification.

Quality Engineer(s)

Higher or secondary education in the specialty “Industrial and civil construction”, or “Construction”, or “Hydraulic engineering construction”, or “Transport construction”, or “Heat and gas supply and ventilation”, or “Water supply and sanitation”, or “Urban construction and economy” ", or "Electric drive and automation of industrial installations and technological complexes", or " Automated systems management”, or “Communication networks and switching systems”, or “Multichannel telecommunications”, or higher professional technical education and professional retraining (over 500 hours) in the direction of professional activity.

Work experience in the specialty must be at least 5 years.

Passing advanced training in the field of construction at least once every 5 years with certification.

Employees whose job titles do not correspond to those specified in this paragraph, if their functional responsibilities can be assigned to one of the specified positions, must meet the above qualification requirements.

4.2. Qualification requirements for an individual entrepreneur:

Higher professional education in the specialty "Industrial and civil construction", or "Construction", or "Hydraulic engineering", or "Urban construction and economy", or "Heat and gas supply and ventilation", or "Water supply and sanitation", or higher professional technical education and professional retraining (over 500 hours) in the direction of professional activity for the performance of work by an individual entrepreneur independently.

Work experience in the specialty must be at least 7 years.

Passing advanced training in the field of construction at least once every 5 years with certification.

5. Requirements for the property necessary for the performance of work

Own or rented premises, control and measurement equipment, security equipment, personal computers, office equipment, ensuring the performance of work on the organization of construction, reconstruction and overhaul of housing and civil construction facilities.