GosstandartRecommendations for subjects of small and medium enterprises to prevent violations in the construction of facilities subject to state construction supervision
published 23.07.2020 16:48
Basic norms governing the architectural, urban planning and construction activities in the Republic of Belarus are stated in the Law of the Republic of Belarus “On Architectural, Urban Planning and Construction Activities in the Republic of Belarus” (hereinafter the Law), the Decree of the President of the Republic of Belarus of January 14, 2014 No. 26 “On measures for improvement the construction activities".
In accordance with the Clause 2 of the Article 2 of the Law, state bodies, organizations and individuals engaged in the architectural, urban planning and construction activities shall comply with:
- the requirements of legislation, including mandatory requirements of technical normative legal acts, signed contracts, as well as non-contractual obligations;
- the requirements of urban planning documentation and project documentation approved in accordance with the applicable procedure.
In accordance with the Article 11 of the Law, the state regulation in the field of architectural, urban planning and construction activities is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Architecture and Construction of the Republic of Belarus, local Councils of Deputies, local executive and administrative bodies and other state bodies in accordance with the legislation.
In accordance with the Article 35 of the Law, the supervision in the field of construction activities is carried out in order to ensure compliance with legislation by the participants of the construction activities, including mandatory requirements of technical normative legal acts in preparation for construction, development of project documentation, construction and installation activities, pre-commissioning activities, project operational acceptance, as well as in the process of project operation during the warranty period.
The following types of supervision are carried out in the field of construction activities:
- state construction supervision;
- technical supervision;
- construction design supervision;
- other types of supervision provided by legislation.
The Article 36 of the Law determines that the state construction supervision is carried out by the state construction supervision bodies within their competence, determined by the President of the Republic of Belarus, as well as in accordance with the regulation on the state construction supervision bodies approved by the Council of Ministers of the Republic of Belarus.
The Decree of the President of the Republic of Belarus of October 05, 1999 No. 581 “On regulating the structure of the state construction supervision bodies” specifies that the state construction supervision bodies are encharged with the supervision of the construction of all projects, regardless of their purpose, form of ownership, funding sources and construction methods, with the exception of projects of dacha projects and horticultural construction, as well as projects, the construction of which does not require obtaining permits for the construction and installation operations, as well as projects controlled by other state supervision bodies in accordance with the legislation.
The list of projects, the construction of which does not require obtaining permits for the construction and installation operations, was approved by the Resolution of the Council of Ministers of the Republic of Belarus of October 19, 2006 No. 1387 “On approval of the list of projects, the construction of which does not require obtaining permits for the construction and installation operations".
In accordance with the Unified list of administrative procedures carried out by the state bodies and other organizations in relation to legal entities and individual entrepreneurs, approved by the Resolution of the Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156, the state construction supervision bodies carry out two administrative procedures:
- 3.12. issuance of permits for construction and installation operations;
- 3.19. issuance of report on the conformity of project being accepted into operation, project documentation, safety requirements and operational reliability.
The construction of projects of first to fourth grade of complexity should be carried out in accordance with the technical regulation of the Republic of Belarus “Buildings and installations, building materials and products. Security ”(TR 2009/013/BY), approved by the Resolution of the Council of Ministers of the Republic of Belarus of December 31, 2009 No. 1748 (hereinafter referred to as technical regulation), and the list of related technical normative legal acts approved by the Ministry of Architecture and Construction of the Republic of Belarus.
Currently, there is the list of the technical normative acts in force interrelated with TR 2009/013/BY, approved by the Resolution of the Ministry of Architecture and Construction of the Republic of Belarus of December 31, 2014 No. 56.
The acceptance procedure of the projects for operation is determined by the Regulation approved by the Resolution of the Council of Ministers of the Republic of Belarus of July 06, 2011 No. 716.
In accordance with the legislation, the right to clarify the application of the technical regulation, the application and content of certain requirements of the technical normative legal acts approved by the Ministry of Architecture and Construction of the Republic of Belarus on the application procedure of the Regulation on the acceptance procedure of the construction projects for operation (except for the acceptance for operation of fiber-optic communication lines) is provided to the Ministry of Architecture and Construction of the Republic of Belarus.
According to sub-clause 1.11 of the Decree of the President of the Republic of Belarus of January 14, 2014 No. 26 “On measures for improvement of construction activities”, the implementation of certain types of architectural, urban planning, construction activities (its components) and the inspection of buildings and installations without a conformity certificate, when it is mandatory, is forbidden.
The list of architectural, urban planning and construction activities types (its components) is given in the Annex 1 to the Resolution of the Council of Ministers of March 21, 2014 No.252 "On certain issues of certification of legal entities and individual entrepreneurs, managers, specialists, organizations and individual entrepreneurs operating in the field of construction".
To perform the functions of the customer, building owner, general contractor, contractor in the construction of objects of first to fourth grade of complexity, it is necessary to obtain the corresponding conformity certificate.
Consultation on design and construction issues in accordance with the instructions “On the procedure for rendering engineering services in construction”, approved by the Resolution of the Ministry of Architecture and Construction of the Republic of Belarus of May 10, 2011 No. 18, is the subject of the contract for rendering engineering services in construction.
In connection with the adoption of the Decree of the President of the Republic of Belarus of November 23, 2017 No. 7 “On promotion of entrepreneurship” (hereinafter – Decree No. 7) the following changes are provided in the field of the state construction supervision from February 26, 2018:
economic entities will perform construction operations during capital repairs, operations on engineering modification of projects on the basis of the project documentation without obtaining approval documentation issued by the local executive and regulatory bodies. Economic entities will have the right to start operations on capital repairs from the day following the day of the notification of such operations to the state construction supervision bodies, in the manner prescribed by the Council of Ministers of the Republic of Belarus (with the exception of projects which are not under the state construction supervision in accordance with the legislation - the list of such projects will be established by making appropriate amendments to the list of projects the construction of which does not require obtaining the permits of the state construction supervision bodies for construction and installation operations approved by the Resolution of the Council of Ministers of October 19, 2006 № 1378 (in accordance with the second paragraph of sub-clause 4.4 of the Decree № 7);
economic entities will carry out construction and installation operations at construction projects provided there is the favorable conclusion of the state expert review on project documentation (in cases when the state expert review on project documentation is not mandatory, provided there is the approved project documentation for the construction of the project) for the construction of the projects after the notification by the first class mail or in the form of electronic document to the state construction supervision bodies, in the manner prescribed by the Council of Ministers of the Republic of Belarus (with the exception of projects which are not under the state construction supervision in accordance with the legislation (in accordance with the second paragraph of sub-clause 4.4 of the Decree № 7);
economic entities when accepting the project, the construction stage, the start-up facilities into operation will receive the conclusions of the state bodies and organizations only against the compliance of the specified construction projects with the permits (relates to the state bodies and organizations issuing the permits), project documentation developed and approved with due regard to the requirements to its development and approval specified by the legislation, including safety requirements and operational reliability (in accordance with paragraph 37 of sub-clause 4.4 of the Decree No. 7).
The Council of Ministers of the Republic of Belarus
