Do I need a license for construction work. Licensing of construction activities in Russia
What is the FSB license for construction?
FSB Construction License - an authorization document that allows access to the performance of work and the provision of services during which a person is confronted with classified data. A company that has received the relevant permission has the right to carry out activities at closed facilities operating in a secrecy regime. Without a document, access to such work will fail.
Permission is granted to business entities and persons who are forced to encounter relevant information.
Who needs an FSB building license?
If you getfSB license for construction, you will be able to participate in closed government tenders. This will increase the company's potential revenue. Obtaining permission is not mandatory, however, without it, the company will not gain access to certain types of work. Usually, firms that deal with:
- The construction of buildings and structures in military camps;
- Construction of strategically important facilities;
- Work on closed military installations.
You must understand that clearance business will not end. In the future, you will need to obtain additional certificates, permits and permits, the issuance of which the Federal Security Service is not involved. Therefore, you have to turn to a whole list of other authorities. We are ready to help you complete the entire range of procedures as quickly as possible.
Package of documents for obtaining an FSB license for construction
Getting fSB building licenses begins with clearance for secret information for the head of the company. He will need to fill out a form and send it to the FSB.
If the "past" company leaders did not raise questions, and permission was granted, the collection of documentation for the company begins. The list will include:
- Statutory and constituent documentation;
- Certificate of state registration;
- Extract from the register of legal entities;
- Documents for real estate;
- Order on the appointment of the head of the company;
- Previously obtained licenses and building permits;
- Documentation confirming the fact of the admission of managers to work with state secrets.
In addition to the list you need to include a receipt confirming the fact of payment of state duty. It is introduced before the papers are transferred to the authorized body.
There are a lot of documents. If you do not want to waste time preparing them, we are ready to perform actions for you. Starting cooperation with us, you will avoid the risk of rejection of the application due to possible errors.
The terms of obtaining the FSB license for construction
Registration term fSB building licenses consists of:
- Obtaining admission of the director of the company to work with classified information;
- Application review;
- Conducting checks;
- Making a final decision.
The term largely depends on the workload of the FSB departments and the “past” director of the company. Obtaining permission to work with classified information for the head of the organization may take several months. At least another 2 months will be required to receivefSB building licenses. If mistakes are made, the procedure will have to be started anew.
If you start cooperation with us, we will prepare the documentation as quickly and correctly as possible, as well as perform a number of other actions. This will reduce the decision-making time to a minimum.
Responsibility for work without FSB license for construction
If you start work in those areas in which you needfSB license for constructionWithout proper permission, this will entail a list of sanctions. Initially, the offender is charged with a fine in the amount of 20 to 500 minimum wages. Then the machinery and equipment will be confiscated.
Additionally, criminal liability is provided. It entails imprisonment from 4 months to 7 years, depending on the consequences that led to such an act. Company executives can also be punished. A person will lose the opportunity to occupy certain positions, and the company itself will not be able to conduct a number of activities.
MIP Legal Group will provide comprehensive assistance and support in registrationfSB building licenses.
A license for the construction of the Gosstroy of the Russian Federation is needed to carry out the activities of the enterprise on the market in the field of construction architecture and housing policy.
Types of construction and licenses for its implementation
The main types of construction are:
- engineering surveys carried out during the construction of buildings related to the first and second level of responsibility;
- activities related to the design of such buildings and structures;
- their direct construction.
A building license can be conditionally assigned to one of two main groups. The first type - permits issued for the operation of industrial facilities of increased danger. The second group is represented by licenses for conducting an expert examination on the safety of industrial production facilities.
Building licensing authority
The Gosstroy of Russia or the State Committee of the Russian Federation for Construction and Housing and Communal Services is a federal executive body that inter-branch coordination and regulation of activities carried out in the field of construction, urban planning, architecture and housing and communal services. Previously, such licenses were issued by the Ministry of Regional Development.
Obtaining a construction license is necessary for the business entity to operate under the conditions of operation of hazardous industrial facilities, as well as in carrying out activities related to ensuring safety measures in industry.
License for fire safety
The authority that issues this type of license is the State Fire Supervision Service of Russia. This license is required for the enterprise to operate in the market of services in the field of control, production and security adjustment.
Among the licenses of this category, the following should be highlighted:
- development of measures aimed at ensuring fire safety;
- examination of technical and organizational solutions to ensure fire safety;
- the organization of the fire protection of various settlements and departments, as well as business entities, regardless of the legal form;
- implementation of departmental control of ensuring fire safety;
- installation of fire fighting equipment, fire extinguishing means with the relevant tests;
- training of employees in fire safety measures.
Thus, it can be seen that in each field of activity there are various permits for security measures. In this case, we are talking about supervision in the energy sector, and passenger transportation, etc.
Design License
The answer to the question of whether a building license is needed in modern business conditions is negative. These innovations took effect in early 2010. Now the license for the construction of buildings and structures is replaced by an SRO permit.
A modern enterprise operating in the construction industry should join the SRO. Such organizations are formed as non-profit partnerships and are subject to mandatory registration in accordance with applicable law. As already mentioned above, if there is a membership in the SRO, then a building license is not needed.
Such self-regulatory organizations have the right to use the status, which allows to quite effectively improve the quality with simultaneous control of all work performed. They develop and approve standards and regulations in a particular area. The legal status of SROs is regulated by the relevant federal law.
SRO authority
Since a building license is no longer needed, self-regulatory organizations are given the appropriate powers:
- Registration of tolerances, which are issued in the form of special certificates and are necessary for the enterprise to work in the field of construction, overhaul and reconstruction, as well as architectural and design work. Such permits can only be issued after consideration of the relevant documents that confirm the professional skills and qualifications of employees in the enterprise.
- The implementation of the control of the business entity.
- Maintaining a register of enterprises - members of SROs.
- Training, certification and professional development of employees, which ensures a high level of professionalism, as well as the competence of employees of an enterprise in a particular industry.
FSB Construction License
Sometimes even those enterprises that have nothing to do with state secrets and secret documents may be faced with the need to obtain such a license.
This permission document will be needed if there is a need for construction and repair work at any sensitive facilities. Information on financial, military or foreign policy operations is classified as State Secret. Therefore, admission to it may mean that a business entity can use such information when carrying out construction work at this particular facility.
This is what the construction license issued by the FSB provides. To obtain it, it is necessary first of all to undergo a special check, according to the results of which the Federal Security Service formulates a conclusion on the compliance of the applicant with the requirements presented to him.
The FSB license is issued for eight years in two stages:
- obtaining a license for three years;
- extending it for the next five years.
Registration of such a permit gives its owner a number of advantages. An enterprise that deals with state secrets cannot do without it.
This document also covers the field of trade, security business and information technology.
The presence of this license is necessary when participating in tenders. For example, in order to be eligible to participate in a competition for the design of a military town, an enterprise must obtain special permission.
Who can’t do without a building license?
It is impossible to erect buildings and structures without proper permission, however, as suchbuilding license really missing. It was issued until 2010. Then the legislation was amended and the need for licensing disappeared.
Instead of issuing a permit, companies must join the SRO. The name is a self-regulatory organization - a non-profit association of professionals. Previously, firms could do the work by issuing a building license. Now membership in the SRO is a prerequisite for most companies involved in the construction of buildings and structures. It is necessary in the following situations:
- The company is engaged in the construction of houses for two or more families;
- The building has more than 3 floors or over 10 blocks;
- Production facilities with an area of \u200b\u200bmore than 1,500 square meters are being erected, and the finished building is recognized as an object of capital construction.
If the above norms are not met, there is no need to obtain a building license. In all other cases, you must join the SRO and get the appropriate permission. We are ready to help you with this.
Why get a building license?
The law does not oblige companies to join SROs. The organization decides to complete the procedure voluntarily. However, a license provides a list of benefits:
- In construction, orders from government agencies of federal and local significance are very common. The contractor is selected by tender. Only companies included in the SRO can take part in it;
- The presence of tolerances facilitates competition. Customers are more willing to work with organizations that have the appropriate approvals and permits;
- If the company is part of an SRO, it can count on legal support, protection of interests and other privileges that are available to participants;
- If the company is engaged in activities for which a license for construction and entry into an SRO is required, it may be held liable. Violation of the provisions of the law is fraught with large fines.
Types of building licenses
If you become a member of an SRO, you will receive a license for:
- On the construction of buildings from different materials;
- To conduct engineering surveys;
- Design of buildings of various kinds;
- To carry out works on hydro or thermal insulation;
- For the provision of services for the preparation of construction sites and the subsequent construction of buildings, demolition of buildings or dismantling of structures.
Almost all types of work that were previously neededbuilding licensecan now be performed with an SRO clearance. Moreover, companies engaged in contracting activities must apply for permission to organize construction. If the person is a subcontractor, he must have permission only for those types of work to which the company is contracted.
Requirements for the recipient of a building license
If you need a building license, and for this you want to enter an SRO, you must follow these requirements:
- The staff of the organization has personnel with the necessary qualifications for the performance of work;
- The company has machinery and equipment for the construction of buildings and structures;
- The organization is registered in the manner prescribed by law;
- Carried out liability insurance;
- The company provided a complete list of supporting documentation.
If qualification is not enough, it will require further training. We are ready to help you find the right SRO, prepare documents and contact an authorized agency. Working with us, you will significantly increase the likelihood of making a positive decision.
The main tasks of Russia in the construction industry is the creation of more loyal conditions for successful development in this direction. This can only be achieved by exempting from various administrative barriers that impede work. The license, usual for absolutely all representatives of the construction industry, for conducting construction works and works related to design completely lost its strength. Big changes have taken place in this area. In this regard, many people have a question. Do you need a license for construction works today? If you are interested in this issue, then the site administrator site will always help you choose a reliable company for the construction license and certificate in the SRO, please contact us through the contact form.
A few years ago, the government came to the conclusion that obtaining a license by developers was not an effective measure of quality control. In this regard, many problematic issues arose for companies working in the construction industry. The transition of the construction complex from state regulation when the building license was still working, but the way of self-regulation has changed a lot in this area. After the adoption of the law on self-regulatory organizations under consideration, the types of work for which a license was required before were revised. With the permission of Rostekhnadzor, the SRO has the right to issue Certificates for admission to the implementation of the relevant construction and design works. Without SRO permission, the organization will no longer be able to conduct effective activities, receive the necessary orders, take part in various competitions and tenders that are periodically held by state customers.
Do I need a building license?
Undoubtedly, the answer to the question whether a building license is needed is unequivocal - it is necessary. However, there are some exceptions. Absolutely all representatives of industry, related to one degree or another with construction, are obliged to join the SRO of builders and be sure to obtain the appropriate approvals. At the same time, organizations involved in the construction of a low-rise fund are not required to apply for permission in a self-regulatory organization, in accordance with the current law. Although, earlier they should also have received such a license without fail, otherwise their actions at that time were considered as illegal activities and were punished with fines.
So, in January 2010, it was decided to amend the law of July 22, 2008 No. 148-FZ - “On Amendments ...”. According to it, all construction companies, enterprises of individual entrepreneurs are obliged to join the SRO and obtain approvals.
License for construction activities
A license for construction activities is a special permit for the performance of established types of construction works and design work, subject to mandatory and strict observance of all licensing rules and requirements.
The types of activities that require licensing include the following areas: design, construction of various structures and buildings, engineering and research. At present, the construction license, as already mentioned, is issued after the company enters the SRO, but before that, construction companies need to determine what types of construction work require approval. This is due to the fact that the certificate is issued only for certain types of activities and the fact that not all non-profit companies have the authority to issue permits for a limited list of works. Previously, it was enough to contact Rosstroy.
Types of building licenses
The following types of building licenses are distinguished:
1. Project license (license to work on the creation of projects of structures and buildings);
2. License for the construction of structures;
3.Licensing for engineering research and research.
The state body for architecture and construction carries out licensing of all types of architectural and construction activities. This license is necessary for the creation of projects of structures, various architectural structures, for finishing work, other urban development activities, etc.
All types of activities for which the issuance of a building license is required can be found in the Classifier. In connection with the amendments to the law on licensing, the number of varieties of work requiring licensing has been greatly reduced, as well as licensing centers. To date, the classifier presents only those types of activity, the implementation of which requires increased requirements.
How to get a license for construction work?
In order to obtain a license for construction work, enterprises engaged in various construction works must provide the appropriate set of notarized documents to the appropriate licensing authorities: application; copy of the identity document of the applicant; copies of the Charter and certificate of state. registration copy of TIN certificate; a document confirming the payment of the license fee and other documents that meet the qualification requirements. A special commission checks the availability of the technical base of the enterprise, the level of control over the implementation of certain technological processes, and the availability of qualified specialists, moreover, with the necessary experience of professional activity. Also, the representative who submitted the application must always have the necessary regulatory documents. When considering issuing a license, feedback from customers is especially important.
When licensing, authorities have the right to attract outside organizations and highly qualified specialists in order to independently assess the applicant's compliance with the necessary requirements and conditions. Moreover, the conclusions of the involved organizations and qualified specialists are for the licensing authorities only advisory and instructive. As a result, after all the above activities, the licensing authority makes a final decision on the approval of the license, and on time. It does not exceed 60 days.
Carrying out work without an SRO permit is considered illegal.
The issuance of licenses for construction activities was canceled in 2010. However, many types of construction work are not possible without special permission. In accordance with the law, in order to obtain the right to conduct construction activities it is necessary to be a member of a self-regulatory organization of builders (SRO). It is the SRO that solves all the issues of permits for reconstruction, overhaul and other types of work in the construction sector.
It regulates the list of works for which membership in the SRO is necessary, order No. 624 of December 30, 2009. True, with a more detailed analysis of the Town Planning Code of the Russian Federation, the classifier of works, as well as the recommendations of the Federal State Institution “Glavgosexpertizy of Russia”, it turns out that some types of work are carried out that do not require an admission, and, accordingly, membership in an SRO.
In which cases the SRO is not required
In Art. 51 of the Civil Code of the Russian Federation in paragraphs 1-5 and paragraph 17 lists the types of work for which it is not required to obtain a building permit.
SRO approval is not required:
When erecting objects of individual housing construction intended for a single family, which are separate and have no more than three floors;
For buildings in the form of block residential buildings, with the number of blocks no more than ten. A separate block is designed for one family and has one or more walls that are common with the block of the neighboring house and do not have openings. A prerequisite is that the house should be located on a personal site and have access to the territory of public use. The floors in such an object should be no more than three.
In industrial buildings, which are the objects of capital construction, in which the total area does not exceed 1500 square meters,
Such buildings should belong to the type of buildings and structures that do not need to establish a sanitary protection zone or similar zones are established on the territory of the site belonging to this object. An exception is an object of capital construction, which, based on the provisions of Article 48 of Part 1 of the Civil Code of the Russian Federation, is recognized as either especially dangerous, or technically complex, or unique. Floors in such a structure should be no more than two.
It must be borne in mind that the 624 order was ambiguously met by construction organizations and individual entrepreneurs.
For this reason, by order No. 294 of July 23, 2010, a number of amendments and extended explanations were made, which types of work do not need an admission:
Almost all types of glazing;
Drywall finish;
Plastering and facing works;
Interior finishing work (all types);
Earthwork, floors and screeds;
Installation of fences, fences and gates;
Painting works;
Soil work;
Works on improvement, as well as repair and maintenance of road surfaces;
In addition to all this tolerance, SROs do not require:
Production of wooden structures for ready-made foundations of low-rise construction. This provision does not apply to hanging structures, shells of double curvature, as well as membrane coatings;
Work carried out on internal networks of buildings and structures, not related to particularly dangerous objects or unique. This exception does not apply to work with gas networks;
Roofing, stone, facade work of buildings and structures not related to particularly dangerous objects or unique;
Geodetic work on construction sites of the above facilities;
Protective work on building structures, as well as piping and equipment, including work on protective coating with paints and varnishes and thermal insulation of the pipeline. This provision does not apply to trunk and field pipelines;
It is possible to partially carry out work on the preparation of construction sites for buildings and structures, not related to particularly dangerous or unique objects.
Construction work for which SRO approval is required
A building permit is required when working at especially dangerous, technically complex and unique facilities, the full list of which is contained in the Town Planning Code of the Russian Federation in Art. 48.1.
As an example, such objects include: objects of aviation and space infrastructure, subways, hydraulic structures, seaports, as well as capital construction objects, which have a height or length of spans of more than one hundred meters, etc.