When is the final cost of the constructed facility formed — with permission to put into operation, or still later? Which option for putting an object into operation should be chosen - immediately after obtaining permission or after repair work on finishing? How will the value of an object increase if it is sold after it is put into operation? The author considers the procedure for including an object in fixed assets and analyzes how this process affects its value.

The process of capital construction of a real estate object begins with obtaining a building permit (Article 51 of the Town Planning Code of the Russian Federation, hereinafter referred to as the GSK of the Russian Federation) and ends with obtaining permission to commission the object (Article 55 of the GSK RF).

Without a building permit available, the developer does not have the right to begin work on the land allotted for development. This violation is punishable by an administrative fine of 500 thousand to 1 million rubles. or suspension of activity for up to three months (Article 9.5 of the Administrative Code of the Russian Federation).

They can be fined not only by the developer, but also directly by the contractor (subcontractor). The latter, before starting work, must make sure that the owner of the construction site (builder) already has a document on hand confirming that the design documentation meets the requirements of the urban development plan of the land plot or the project of the territory planning (part 1 of article 51 of the GSK RF) in the form approved by Decree of the Government of the Russian Federation of November 24, 2005 No. 698 (hereinafter referred to as Decree No. 698), (clause 6 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of February 17, 2011 No. 11).

After completion of the construction, the developer is obliged to visit the same “corridors of power”, where he was once given a building permit. There, he must receive a document confirming that the object was built in accordance with the existing building permit and design documentation, i.e. permission to put the facility into operation (in the form approved by Decree No. 698).

It was believed that the permission to enter means that the construction of the property is completed and it is suitable for use for the purposes that the developer set for himself when deciding on the start of construction. Let's figure it out.

Developer Investor

Suppose that a developer is also an investor from the point of view of Federal Law of February 25, 1999 No. 39-ФЗ “On Investment Activities in the Russian Federation in the Form of Capital Investments” (hereinafter - Law No. 39-ФЗ). He will register the ownership right for the constructed property and take it into account as an object of fixed assets (clause 2 of article 4 of Law No. 39-FZ).

Registration of ownership of the constructed object without the permission to enter is impossible (Clause 2, Article 16 of the Federal Law of July 21, 1997 No. 122-ФЗ On State Registration of Rights to Real Estate and Transactions Therewith).

At the same time, the constructed real estate can be included in fixed assets both after registration of the ownership right to it, and before this event, including before filing documents with the Rosreestr (paragraph 52 of the Guidelines for accounting of fixed assets approved by order The Ministry of Finance of Russia dated October 13, 2003 No. 91n, hereinafter - the Methodological Instructions).

But is it necessary to include an object in fixed assets immediately after obtaining permission to enter? This question cannot be answered unambiguously, since it is not known whether the object is suitable for long-term operation in order to derive income from the point of view of the investor on the date of receipt of the permit.

Once again, we remind you that the permission to enter the facility confirms that the facility was erected in full accordance with the design documentation, building permit and urban development plan of the land plot (part 1 of article 55 of the GSK RF).

However, the developed project documentation, as well as the obtained building permit, will not necessarily contain information about the internal layout of the constructed building, the decoration of the premises, etc. Therefore, the received permission to enter such information will also not be contained. The document will only confirm that the construction work has been completed to the extent provided for in the building permit and in accordance with the submitted design and estimate documentation.

And the investor already independently makes a decision whether the object is suitable for operation at this stage or whether it takes some more time and money to bring it to the desired state. And only after linoleum (laminate, carpet, parquet, Carrara marble) is laid, wallpaper of the approved color is glued, all electrical and network sockets are mounted, the authorities will look at work and say: “This is good!”

Officials of the financial department are struggling with this interpretation, they say, the investor delays in paying property tax, causing irreparable damage to the budget (letters of the Ministry of Finance of Russia dated 06.22.2010 No. 03-03-06 / 1/425, dated 01.20.2010 No. 03-05- 05-01 / 01).

Arbitrage practice

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YOU Russia objects to this unambiguous approach. According to the court, until the completion of all finishing works, the facility is not necessarily suitable for operation, even if there is a permission to enter and a certificate of ownership (resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.16.2010 No. VAS-4451/10).

Nevertheless, the readiness of the object for use is determined not by obtaining permission to enter, but by the decision of the management of the organization for which it was built (at the age of 18 it is allowed to marry, but not all 18-year-olds are married or married).

In pursuit of the earliest possible replenishment of the budget (as soon as possible, take the constructed object into account as an OS object and start paying property tax as early as possible), winning, so to speak, at a pace, officials can lose in quality - the organization will legally pay this tax in smaller amounts.

In essence, an organization has two paths. The first is to recognize the building at the stage of obtaining permission for commissioning as serviceable and after that to complete the finishing work on the property, plant and equipment, the second to finish all the finishing work on the property and only after that make a decision on the suitability of the property for use (put it into composition of fixed assets).

If an organization recognizes as a fixed asset the constructed object immediately on the date of obtaining permission to put it into operation, then the initial value of the object on the same date will be considered formed (paragraph 8 of the Accounting Regulation “Accounting for Fixed Assets” PBU 6/01, approved by order of the Ministry of Finance Russia dated March 30, 2001 No. 26n, paragraph 24 of the Methodological Instructions).

The same value is subject to inclusion in the base for calculating property tax (Clause 1, Article 375 of the Tax Code of the Russian Federation). Subsequent works (mostly finishing), regardless of their duration and cost, are most likely to be recognized as the repair of the facility and the current costs of the organization (paragraph 67 of the Guidelines). They do not increase the initial value of the object, therefore, are not subject to inclusion in the base for calculating property tax.

Otherwise, the investor, having permission to enter, nevertheless decided to first bring the object to mind and only then recognize it as serviceable. In this case, in most cases, all finishing work will have to be recognized as a continuation of the construction of the facility, including them in its original cost. Thus, pushing back the start date for paying property tax, the organization increases its amount.

Consider the example of the procedure for calculating property tax when putting an object into operation.

Example 1

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Alfa LLC built a real estate object and in June received permission to put it into operation. After that, a decision was made to conduct additional finishing work.

The cost of the construction of the facility amounted to 29.5 million rubles., Including 4,500,000 rub. VAT.

The costs of registration of ownership (payment of state fees, paperwork, etc.) amounted to 60,000 rubles.

In the accounting registers they should be reflected in the entries:

Alpha LLC decided to carry out all the finishing work on the facility (leaving the question of its suitability for later use), therefore, it made capital investments. Finishing work costs amounted to 4,838,000 rubles, incl. VAT 738,000 rubles.

After completion of work (in August), having approved the act on the transfer and acceptance of the building (structure) in the form of OS-1a, the LLC transfers the constructed (and finally finished) real estate to fixed assets. Reflect operations need the following entries:

Assume that the useful life of a building is set to 27 years (9 depreciation group). Starting in September, depreciation of 90,000 rubles will be charged in the accounting registers for this building. per month (29 160 000 rub. / 27/12).

After 9 months, the average annual value of the building for calculating property tax will amount to 5,823,000 rubles. [(29,160,000 rubles + 29,070,000 rubles) / 10], and the amount of the advance payment for the organization for this period will increase by 32,026.50 rubles. (5 823 000 rub. × 2.2% / 4).

If the organization’s management dwells on the second option, then in June, immediately after obtaining permission to enter and at the stage of processing documents for registration of ownership, OS-1a is issued.

In the same month, the base for tax on property of the organization will increase by 3,580,000 rubles. (25,060,000 rubles / 7), and the amount of the advance payment for the first half of the year - by 19,690 rubles. (3,580,000 rubles × 2.2% / 4).

Finishing work that began a little later should be recognized as the current expenses of the LLC and reflected in the following entries:

When choosing the second option, property tax on a fixed asset recognized as fit for use begins to be paid a quarter earlier (albeit in smaller amounts).

However, the decoration costs of the building are recognized as operating expenses immediately after their completion, while in the first case they are included in the initial cost of the building and transferred to expenses through depreciation for 27 years.

But the choice, of course, is up to the leadership of the organization.

Seller

The organization is building the same property, but with the goal of selling it (in whole or in part) to other persons. The process of building a real estate object in this case will not be the construction of a fixed asset (since it was originally intended for sale), but the manufacture of products, even if immovable.

In this regard, the financial department’s requirement to collect all the costs of constructing such an object on the balance sheet account 08 “Investments in non-current assets” (letter of the Ministry of Finance of Russia dated 05/18/2006 No. 07-05-03 / 02) is somewhat puzzling.

Initially, a real estate being constructed for subsequent sale should be recognized as a current asset, since the organization intends to receive income at a time, after its sale. Therefore, you should not reinvent the wheel, but in accordance with the Chart of Accounts, the costs of manufacturing products should be collected on account 20, and accounting for finished products after construction is done on account 43.

After the construction of the building is completed, the developer must obtain permission to put the property into operation. In this situation, obtaining permission to enter will indicate that the constructed building as the final result of the production cycle corresponds to the design documentation and the previously issued building permit.

After obtaining permission to enter, the organization has the right to draw up ownership of the constructed real estate, take them into account as finished products and conclude sales contracts for it.

But can it be considered that the manufacture of finished products is completed and all the costs that the developer will incur after receiving permission to enter should be attributed to the most favorite source of the tax inspection - expenses that do not reduce taxable profit? It is impossible to agree with such an unambiguous conclusion.

The construction of a real estate object, which will later be sold (in whole or in parts), can be compared, for example, to baking biscuit cakes, which can be sold as blanks for home-made cakes, or the confectionery itself can make cakes and pastries from them and sell them.

So, the permission to enter is similar to the go-ahead of a baker (or technologist) that the cakes are baked. But further, some of them will be used as raw materials for cakes (each variety with its own cost price), part - for cakes (with its own cost price), part - as shortcakes sold to skilled housewives for homemade cakes (with its own cost price).

The same thing happens with the construction of real estate as a finished product. Obtaining permission to enter is a go-ahead, that in general the building is ready and premises in it (after registration of ownership) can be sold.

But will someone agree to buy the product in this form? Someone, maybe, will agree, and someone will demand that other works (interior decoration) be done in this room for the price that the seller stated. In addition, for premises that will be on the seller’s balance sheet for some time (it’s unknown how much), he will have to pay at least heating.

The costs of finishing and finishing the premises will increase the cost of finished products, and the "communal" and other similar costs should be recognized as the costs of maintaining the finished product - again reducing taxable profit.

Consider, for example, the order of reflection in accounting for the cost of work performed after obtaining permission to put into operation.

Example 2

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Alfa LLC built a real estate object and in June received permission to put it into operation. After obtaining permission and registration of ownership, contracts for the sale of premises with three buyers were concluded. As in Example 1, the cost of building the building amounted to 29.5 million rubles., Including 4,500,000 rub. VAT. The costs of registration of ownership (payment of state fees, paperwork, etc.) also amounted to 60,000 rubles.

In the accounting registers you need to make the following entries:

Total production costs amounted to 25,060,000 rubles.

The organization decides to register 3 units of products (for example, the first, second and third floors), determining the cost of each of them in proportion to the usable area. Without going into the intricacies of calculating the cost, we only assume that the cost of building the 1st floor was 8,000,000 rubles., 2nd - 8,500,000 rubles., 3rd - 8,560,000 rubles.

The acceptance of three units of production, therefore, should be reflected in the entries:

The debit of account 43 (sub-account “Ground floor”) The credit of the account 20 - 8,000,000 rubles;

The debit of account 43 (sub-account “Second floor”) Credit of the account 20 - 8 500 000 rub .;

The debit of account 43 (sub-account “Third floor”) The credit of account 20 - 8 560 000 rub.

The buyer was immediately found on the first floor, and the requested price completely satisfied him.

The ratio “price - quality” of the proposed premises did not fit two other customers. They stated that for the indicated price they would agree to buy these premises only if the seller carried out at least minimal finishing work there.

The owner accepted these requirements.

The costs of finishing the second floor amounted to 354,000 rubles., Including 54,000 VAT, the third - 590,000 rubles, incl. 90 000 rub. VAT.

Finishing work in the accounting registers of Alpha LLC should be reflected in the entries:

Thus, the cost of the premises sold will be equal to 8.8 million rubles. (8 500 000 rub. + 300 000 rub.).

The cost of finishing the third floor will be reflected in similar postings. The cost of this unit of production will be equal to 9,060,000 rubles. (8 560 000 rub. + 500 000 rub.).

Please note: despite the fact that Alfa LLC, after registering the ownership of the constructed building, will be registered with the tax authority as the owner of the property, it should not become a payer of property tax. This property is not subject to inclusion in the base for calculating this tax, since it is not an object of fixed assets.

1. A permit for putting an object into operation is a document that certifies the completion of construction, reconstruction of a capital construction object in full in accordance with a building permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction object with the requirements for the construction, reconstruction of the capital object of construction established on the date of issuance submitted for obtaining a permit for the construction of urban a land plot plan, permitted use of a land plot or, in case of construction, reconstruction of a linear object, a territory planning project and a land surveying project (except for cases in which for the construction, reconstruction of a linear object, preparation of documentation on the territory planning is not required), a territory planning project in case issuing permits for commissioning a linear facility for the placement of which the formation of a land plot is not required, as well as restrictions, established in accordance with the land and other legislation of the Russian Federation.

(as amended by Federal laws dated 03.07.2016 N 373-ФЗ, dated 03.08.2018 N 341-ФЗ, dated 03.08.2018 N 342-ФЗ)

2. To commission the facility, the developer applies to the federal executive body, the executive body of the constituent entity of the Russian Federation, local government, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos", which issued the building permit, directly or through a multifunctional center with an application for a permit to put an object into operation.

Consultant Plus: note.

Documents provided for by paragraph 13 of part 3 of article 55 (in the previous edition) filed before 04.08.2018 together with the application for a permit to put the facility into operation are an annex to the permit, and the permit itself is a decision to establish a security zone.

Consultant Plus: note.

On the direction from September 1, 2017 of the documents provided for by part 3 of article 55 in electronic form, see Decree of the Government of the Russian Federation of 07.07.2017 N 788.

3. To make a decision on issuing permission to put an object into operation, the following documents are required:

1) title documents for a land plot, including an agreement on the establishment of an easement, a decision on the establishment of a public easement;

(as amended by Federal law of 03.08.2018 N 341-ФЗ)

2) a town-planning plan of the land plot submitted for obtaining a building permit, or in the case of construction, reconstruction of a linear object, a territory planning project and a land surveying project (except for cases in which the preparation of territory planning documentation is not required for the construction or reconstruction of a linear object) , a project for the planning of the territory in the event of issuing a permit for commissioning a linear facility for the placement of which the formation of land TKA;

(as amended by Federal laws of November 28, 2011 N 337-ФЗ, dated 03.07.2016 N 373-ФЗ, dated 03.08.2018 N 341-ФЗ, dated 03.08.2018 N 342-ФЗ)

3) building permit;

4) the act of acceptance of the capital construction object (in the case of construction, reconstruction on the basis of a construction contract);

5) has lost force. - Federal Law dated 03.08.2018 N 340-ФЗ;

6) an act confirming the compliance of the parameters of the constructed, reconstructed capital construction project with project documentation, including the requirements of energy efficiency and the requirements of equipping the capital construction project with meters for energy resources used, and signed by the person carrying out the construction (the person carrying out the construction, and the developer or technical by the customer in case of construction, reconstruction on the basis of a construction contract poison, as well as the person exercising construction control, in the case of the implementation of construction control on the basis of the contract);

(as amended by Federal laws of July 18, 2011 N 243-ФЗ, dated November 28, 2011 No. 337-ФЗ, dated July 3, 2016 No. 372-ФЗ, dated August 3, 2018 No. 340-ФЗ)

Consultant Plus: note.

From 01.01.2021 p. 7 h. 3 tbsp. 55 is stated in the new edition (Federal Law of December 27, 2018 No. 522-FZ).

7) documents confirming the compliance of the constructed, reconstructed capital construction facility with the technical conditions and signed by representatives of organizations operating engineering networks (if any);

(as amended by Federal Law of 18.07.2011 N 243-ФЗ)

8) a diagram showing the location of the constructed, reconstructed capital construction object, the location of the engineering support networks within the boundaries of the land plot and the planning organization of the land plot and signed by the person carrying out the construction (the person carrying out the construction, and the developer or technical customer in case of construction, reconstruction on the basis of a construction contract), except in cases of construction, reconstruction of a linear facility and;

(as amended by Federal laws of July 18, 2011 N 243-ФЗ, dated July 3, 2016 N 372-ФЗ)

9) the conclusion of the state construction supervision body (if it is envisaged to carry out state construction supervision in accordance with part 1 of Article 54 of this Code) on the compliance of the constructed, reconstructed capital construction facility with the requirements of design documentation, including the requirements for energy efficiency and the requirements for equipping a capital facility construction of metering devices for used energy resources, conclusion of an authorized person ederalnogo state environmental supervision of the federal executive body (hereinafter - the authority of the federal state ecological control), issued in the cases specified in paragraph 7 of Article 54 of this Code;

(as amended by the Federal Laws of July 18, 2011 N 243-ФЗ, dated 25.06.2012 N 93-ФЗ, dated 03.08.2018 N 340-ФЗ, dated 03.08.2018 N 342-ФЗ)

10) a document confirming the conclusion of a contract of compulsory civil liability insurance of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility in accordance with the legislation of the Russian Federation on compulsory civil liability insurance of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility;

(Clause 10 is introduced by the Federal Law of July 27, 2010 N 226-FZ)

11) the act of acceptance of the work performed to preserve the cultural heritage object, approved by the relevant authority for the protection of cultural heritage objects, as defined by the Federal Law of June 25, 2002 N 73-ФЗ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation", when restoration, conservation, repair of this object and its adaptation for modern use;

(Clause 11 is introduced by the Federal Law of October 22, 2014 No. 315-FZ)

12) the technical plan of the capital construction project prepared in accordance with the Federal Law of July 13, 2015 N 218-ФЗ "On state registration of real estate";

(Clause 12 was introduced by the Federal Law of July 13, 2015 N 252-ФЗ; as amended by the Federal Law of July 3, 2016 N 361-FZ)

13) has lost force. - Federal law dated 03.08.2018 N 342-ФЗ;

(Part 3 as amended by Federal Law of 01.07.2011 N 169-ФЗ)

3.1. The document and conclusion referred to in Clauses 6 and 9 of Part 3 of this Article shall contain information on the normative values \u200b\u200bof indicators included in the energy efficiency requirements of the capital construction object, and on the actual values \u200b\u200bof such indicators determined in relation to the constructed, reconstructed capital construction object as a result of research, measurements, examinations, tests, as well as other information on the basis of which the compliance of such an object with the requirements is established Niyama energy efficiency and the requirements of its equipment metering devices used energy resources. During the construction, reconstruction of an apartment building, the conclusion of the state construction supervision body should also contain information on the energy efficiency class of the apartment building, determined in accordance with the legislation on energy conservation and on increasing energy efficiency.

(Part 3.1 is introduced by the Federal Law of 23.11.2009 N 261-ФЗ, as amended by the Federal Law of 18.07.2011 N 243-ФЗ)

3.2. Documents (their copies or information contained in them) referred to in paragraphs 1, 2, 3 and 9 of part 3 of this article shall be requested by the bodies referred to in part 2 of this article to state bodies, local authorities and subordinate to state bodies or bodies local government organizations in possession of these documents, if the developer has not submitted these documents independently.

(Part 3.2 is introduced by the Federal Law of 01.07.2011 N 169-ФЗ)

3.3. The documents referred to in paragraphs 1, 4, 5, 6, 7 and 8 of part 3 of this article shall be sent by the applicant independently if the specified documents (their copies or information contained in them) are not available at the disposal of state authorities, local authorities or subordinate government or local government organizations. If the documents referred to in this part are at the disposal of state authorities, local authorities or organizations subordinate to state bodies or local authorities, such documents shall be requested by the body specified in part 2 of this article from the authorities and organizations that have such documents, if the developer has not submitted these documents independently.

(Part 3.3 was introduced by the Federal Law of 01.07.2011 N 169-ФЗ; as amended by the Federal Laws of 07/13/2015 N 252-ФЗ, dated 03.08.2018 N 342-ФЗ)

3.4. Upon interdepartmental requests of the authorities referred to in part 2 of this article, the documents (copies thereof or information contained therein) provided for by part 3 of this article shall be provided by state bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies at the disposal of which these documents are located, no later than three business days from the date of receipt of the relevant interagency request.

(Part 3.4 is introduced by the Federal Law of 03.07.2016 N 370-ФЗ)

Consultant Plus: note.

On the direction from 09/01/2017 in electronic form of documents provided for by Part 4 of Art. 55, see Decree of the Government of the Russian Federation of 07.07.2017 N 788.

4. The Government of the Russian Federation may establish, in addition to those stipulated by part 3 of this article, other documents necessary for obtaining permission to put the facility into operation, in order to obtain in full the information necessary for putting the capital construction object on state accounting.

4.1. To obtain permission to put an object into operation, it is permitted to require only the documents specified in parts 3 and 4 of this article. Documents provided for in parts 3 and 4 of this article may be sent in electronic form. The Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation (with regard to cases of issuing permission to put an object into operation by executive authorities of constituent entities of the Russian Federation, local self-government bodies) may establish cases in which the direction specified in parts 3 and 4 of this article documents carried out exclusively in electronic form. The procedure for sending the documents specified in parts 3 and 4 of this article to the federal executive bodies, executive bodies of a constituent entity of the Russian Federation, local authorities, the State Atomic Energy Corporation Rosatom or the State Corporation authorized to issue permits for commissioning the facility for space activities, Roscosmos is electronically set by the Government of the Russian Federation.

(Part 4.1 was introduced by Federal Law of 18.12.2006 N 232-ФЗ; as amended by Federal Laws of 03.07.2016 N 370-ФЗ, dated 03.08.2018 N 342-ФЗ)

5. The authority, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Outer Space Activities "Roskosmos", which issued the building permit, within seven working days from the date of receipt of the application for the issuance of the permission to put the facility into operation, are obliged to verify the availability and correctness execution of the documents referred to in part 3 of this article, inspection of the capital construction facility and issue the applicant permission to put the facility into operation or refuse to issue such permission with indicating the reasons for the refusal. During the inspection of the constructed, reconstructed capital construction object, the compliance of such an object with the requirements specified in the building permit, the requirements for the construction, reconstruction of the capital construction facility established on the date of issue of the land plot submitted for obtaining the permit for construction, or in case of construction, is checked , reconstruction of a linear object to the requirements of the territory planning project and the land surveying project ii (with the exception of cases in which the construction of a linear facility does not require the preparation of territory planning documentation), the requirements established by the territory planning project, if a permit is issued for commissioning a linear facility, the placement of which does not require the formation of a land plot, as well as the permitted use of the land, the restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of the project document entatsii, including energy efficiency requirements and the requirements of the facilities of capital construction of metering devices used energy resources. If during the construction, reconstruction of the capital construction object, state construction supervision is carried out in accordance with part 1 of Article 54 of this Code, the inspection of such an object by the body that issued the building permit is not carried out.

(as amended by Federal Laws of July 13, 2015 N 216-ФЗ, dated 03.07.2016 N 373-ФЗ, dated 19.12.2016 N 445-ФЗ, dated 03.08.2018 N 340-ФЗ, dated 03.08.2018 N 341-ФЗ , from 03.08.2018 N 342-ФЗ)

6. The basis for refusing to issue a permit for putting an object into operation is:

1) the absence of the documents referred to in parts 3 and 4 of this article;

(as amended by the Federal Law of June 23, 2016 N 198-ФЗ)

2) non-compliance of the capital construction project with the requirements for the construction, reconstruction of the capital construction project established on the date of issuance of the land plot submitted for obtaining a permit for the construction of a town-planning plan, or in the case of construction, reconstruction, and overhaul of a linear facility to the requirements of a territory planning project and a land surveying project with the exception of cases in which for the construction, reconstruction of a linear facility preparation is not required before commentary on the planning of the territory), the requirements established by the project of the planning of the territory, in the case of issuing permission to commission a linear facility, for the placement of which the formation of a land plot is not required;

(as amended by Federal laws of March 20, 2011 N 41-ФЗ, dated 03.07.2016 N 373-ФЗ, dated 03.08.2018 N 341-ФЗ, dated 03.08.2018 N 342-ФЗ)

3) non-compliance of the capital construction project with the requirements established in the building permit;

4) the discrepancy between the parameters of the constructed, reconstructed capital construction project design documentation;

(Clause 4 as amended by the Federal Law of 03.08.2018 N 340-ФЗ)

5) non-compliance of the capital construction project with the permitted use of the land plot and (or) the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of issuance of the permit to put the facility into operation, unless the specified restrictions are provided for by the decision to establish or change the zone with special conditions for the use of the territory, adopted in the cases provided for by paragraph 9 of part 7 of Article 51 of this Code, and under construction, reconstructed kt capital construction, in connection with the placement of which is set or changed area with the special conditions of use of the territory, not put into operation.

(Clause 5 was introduced by the Federal Law of 03.07.2016 N 373-ФЗ; as amended by the Federal Law of 03.08.2018 N 342-ФЗ)

6.1. Failure to receive (untimely receipt) of the documents requested in accordance with parts 3.2 and 3.3 of this article shall not be grounds for refusing to issue a permit for putting the facility into operation.

(Part 6.1 is introduced by the Federal Law of 01.07.2011 N 169-ФЗ)

8. A refusal to issue a permit for putting an object into operation may be challenged in court.

(as amended by the Federal Law of 07.27.2006 N 143-ФЗ)

9. A permission to put an object into operation (with the exception of a linear object) is issued to the developer if the federal executive authority, executive authority of the constituent entity of the Russian Federation, local government, the State Atomic Energy Corporation Rosatom or the State Space Corporation The activities of Roscosmos, which issued a building permit, were donated a copy of a diagram showing the location of the constructed, reconstructed capital construction facility elstva, layout, engineering support networks within the boundaries of the land and planning organization of land to accommodate a copy of the state information system for urban development.

(as amended by Federal laws of 07.13.2015 N 216-ФЗ, dated 03.08.2018 N 342-ФЗ)

9.1. Federal executive body, executive body of a constituent entity of the Russian Federation, local government, State Atomic Energy Corporation "Rosatom" or State Corporation for Space Activities "Roskosmos", which issued permission to put the facility into operation, within five working days from the date of issue such permission is provided (including using a single system of interdepartmental electronic interaction and regional systems of interdepartmental e-technology connected to it) electronic interaction) transfer to the authorized bodies of state constituent entities of the Russian Federation, local authorities of municipal districts, urban districts, information, documents, materials specified in clauses 3, 9 - 9.2, 11 and 12 of part 5 Article 56 of this Code.

(Part 9.1 is introduced by the Federal Law of 03.08.2018 N 342-ФЗ)

10. A permission to put an object into operation is the basis for state registration of the constructed capital construction object, for amending the state accounting documents of the reconstructed capital construction object.

10.1. A mandatory annex to the permit for putting the facility into operation is the technical plan of the capital construction facility submitted by the applicant, prepared in accordance with Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate".

(Part 10.1 is introduced by the Federal Law of July 13, 2015 N 252-ФЗ; as amended by the Federal Law of 03.07.2016 N 361-ФЗ)

10.2. Lost force. - Federal law dated 03.08.2018 N 342-ФЗ.

11. The permit for putting the facility into operation shall reflect information on the capital construction facility in the amount necessary for the implementation of its state cadastral registration. The composition of such information must comply with the requirements for the composition of information in the graphic and text parts of the technical plan established in accordance with the Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate".

(as amended by Federal laws of 13.05.2008 N 66-ФЗ, dated 03.07.2016 N 361-ФЗ)

11.1. After the completion of the construction of the capital construction object, the person carrying out the construction is obliged to transfer the results of engineering surveys, design documentation, acts of survey of works, structures, sections of engineering and technical support networks of the capital construction object, other documentation necessary for the operation of such an object to the developer of such an object.

(Part 11.1 is introduced by the Federal Law of November 28, 2011 N 337-ФЗ)

11.2. When carrying out work to preserve the object of cultural heritage, permission to commission such an object is issued taking into account the features established by the legislation of the Russian Federation on the protection of cultural heritage objects.

(Part 11.2 is introduced by the Federal Law of October 22, 2014 No. 315-FZ)

12. The permit form for putting the facility into operation is established by the federal executive body authorized by the Government of the Russian Federation.

(as amended by the Federal Law of July 23, 2008 N 160-ФЗ)

13. Within three working days from the date of issuance of the permission to put the facility into operation, the body issuing such permission shall send a copy of such permission to the federal executive body authorized to carry out state construction supervision, if permission has been issued for commissioning the facilities capital construction referred to in paragraph 5.1 of Article 6 of this Code, or to the executive authority of a constituent entity of the Russian Federation authorized to carry out state construction th supervision, if granted permission for commissioning of other capital construction.

(Part 13 was introduced by the Federal Law of November 28, 2011 N 337-ФЗ; as amended by the Federal Law of 03.08.2018 N 342-ФЗ)

14. In the cases provided for by paragraph 9 of part 7 of Article 51 of this Code, within three working days from the date of issuance of the permission to put the facility into operation, the federal executive body, executive body of the constituent entity of the Russian Federation, local government, State Atomic Energy Corporation Rosatom or the State Space Corporation Roscosmos, issuing such a permit, send (including using a single system of interagency electronic inter actions and the regional systems of interagency electronic interaction connected to it) a copy of such a permit to state authorities or local authorities that have decided to establish or change a zone with special conditions for the use of the territory in connection with the placement of the object in respect of which permission has been issued to enter the object into operation.

(Part 14 is introduced by the Federal Law of 03.08.2018 N 342-ФЗ)

Consultant Plus: note.

Obtaining permission to put an object into operation is also not required in cases specified in Art. 16 of the Federal Law of 03.08.2018 N 340-ФЗ.

15. A permit for putting an object into operation is not required if, in accordance with part 17 of Article 51 of this Code, the issuance of a building permit is not required for the construction or reconstruction of the object.

(Part 15 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

16. In the case of construction or reconstruction of an individual housing construction object or garden house, the developer shall submit the paper form by personal appeal to the federal authority authorized to issue construction permits no later than one month from the date of completion of construction or reconstruction of the individual housing construction project or garden house executive authority, executive authority of a constituent entity of the Russian Federation or local government, including through m a multifunctional center, or sends to these bodies by post with a delivery receipt or a single portal of state and municipal services a notice of completion of construction or reconstruction of an individual housing project or garden house (hereinafter referred to as completion notification). The notice of completion must contain the information provided for in paragraphs 1 - 5, 7 and 8 of part 1 of Article 51.1 of this Code, as well as information on the parameters of the constructed or reconstructed individual housing construction or garden house, on the payment of the state fee for the implementation of state registration of rights, about the method of sending the developer the notice provided for in paragraph 5 of part 19 of this article. The notice of completion is accompanied by:

1) the documents specified in clauses 2 and 3 of part 3 of Article 51.1 of this Code;

2) the technical plan of the individual housing construction or garden house;

3) an agreement between the rightholders of the land plot to determine their shares in the right of common shared ownership of the constructed or reconstructed individual housing project or garden house if the land plot on which the individual housing construction or garden house is built or reconstructed belongs to two and more to citizens on the right of common shared ownership or on lease with a plurality of persons on the side of the tenant.

(Part 16 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

17. If there is no information in the notice of completion of construction specified in the first paragraph of part 16 of this article, or if there are no documents attached to it and provided for in paragraphs 1 to 3 of part 16 of this article, as well as if the notification of completion of construction was received after ten years from the date of receipt of the notice of the planned construction, in accordance with which the construction or reconstruction of the individual housing construction or garden house was carried out, or Notice of the planned construction of such an individual housing project or garden house was not previously sent (including it was returned to the developer in accordance with part 6 of Article 51.1 of this Code), authorized to issue building permits are the federal executive body, the executive branch of the constituent entity of the Russian Federation or a local government within three business days from the date of receipt of the notice of completion of construction returns to the developer notified on completion of construction and the documents attached to it without consideration, indicating the reasons for the return. In this case, the notice of completion is considered non-directional.

(Part 17 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

18. The form of the notice of completion is approved by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of construction, architecture, urban planning.

(Part 18 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

19. Authorized to issue building permits, the federal executive body, executive body of a constituent entity of the Russian Federation or local government within seven business days from the date of receipt of the notice of completion:

1) conducts verification of compliance of the parameters specified in the notice of completion of construction of an individual housing construction or garden building with the current effective date of receipt of the notice of planned construction of the maximum parameters for permitted construction, reconstruction of capital construction, established by the rules for land use and development, and planning documentation for the territory , and mandatory requirements for the parameters of capital objects of property established by this Code, other federal laws (including if the specified limit parameters or mandatory requirements for the parameters of capital construction objects are changed after the day of receipt of the notice of planned construction by the relevant authority and the notice of completion confirms the compliance of the parameters of the constructed or reconstructed object of individual housing construction or garden house to the maximum parameters and mandatory required to the parameters of capital construction objects effective as of the date of receipt of the notice of planned construction). If the notice of completion confirms the compliance of the parameters of the constructed or reconstructed individual housing construction object or the garden house with the limit parameters and the mandatory requirements for the parameters of the capital construction objects valid at the date of receipt of the notification of the completion of construction, the compliance of the parameters of the constructed or reconstructed individual housing or garden house specified limit n parameters and mandatory requirements for the parameters of capital construction objects, valid on the date of receipt of the notice of completion of construction;

2) verify by inspecting an individual housing project or garden house the appearance of the individual housing project or garden house according to the appearance of such an object or house, which is an annex to the notice of planned construction (provided that the developer within the time period specified in paragraph 3 of the part 8 of Article 51.1 of this Code, a notification was not sent about the inconsistency of the parameters of an individual personal building or garden house with the established parameters and (or) the inadmissibility of placing an individual housing construction object or garden house on a land plot on the basis specified in clause 4 of part 10 of Article 51.1 of this Code), or with a typical architectural solution specified in the notice of planned construction, in the case of the construction or reconstruction of an individual housing project or garden house within the boundaries of a historical settlement of federal or regional significance;

3) check the conformity of the type of permitted use of the individual housing construction object or garden house with the type of permitted use specified in the notice of planned construction;

4) checks the permissibility of placing an individual housing construction object or a garden house in accordance with the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by the decision to establish or change the zone from special conditions for the use of the territory adopted in relation to the capital construction project planned for construction, reconstruction state and such an object of capital construction is not put into operation;

5) sends to the developer in the manner indicated in the notice of completion of construction, a notice on the compliance of the constructed or reconstructed individual housing project or garden house with the requirements of the legislation on urban development or on the non-compliance of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning with an indication of all grounds for giving such notice. Notification forms on the compliance of the constructed or reconstructed individual housing project or garden house with the requirements of the legislation on urban development, the notification on the discrepancy of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning are approved by the federal executive body that carries out the functions of development and implementation public policy and norm ivno legal regulation in the sphere of construction, architecture and town planning.

(Part 19 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

20. A notice of non-compliance of the constructed or reconstructed individual housing construction or garden house object with the requirements of the legislation on urban development activities is sent only in the following cases:

1) the parameters of the constructed or reconstructed object of individual housing construction or a garden house do not meet the limit parameters specified in clause 1 of part 19 of this article for the permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, or mandatory requirements for object parameters capital construction established by this Code, other federal laws;

2) the external appearance of the individual housing construction object or garden house does not correspond to the description of the external appearance of such an object or house, which is an annex to the notice of planned construction, or the typical architectural solution specified in the notice of planned construction, or a notice of non-compliance with the specified in notification of the planned construction of the parameters of the individual housing construction object or garden house to the established parameters and (or) under Ustimov the object of individual housing construction or garden house on a plot on the grounds mentioned in paragraph 4 of Part 10 of Article 51.1 of this Code, in the case of construction or reconstruction of the object of individual housing construction or garden house within the boundaries of the historical settlement of the federal or regional significance;

3) the type of authorized use of the constructed or reconstructed capital construction object does not correspond to the type of permitted use of the individual housing construction object or garden house specified in the notice of planned construction;

4) the placement of an individual housing construction object or a garden house is not allowed in accordance with the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by the decision to establish or change the zone from special conditions for the use of the territory adopted in relation to the capital construction planned for construction, reconstruction, etc. Coy capital construction object not put into operation.

(Part 20 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

21. A copy of the notice of non-compliance of the constructed or reconstructed individual housing construction object or garden house with the requirements of the legislation on urban development is sent to the deadline specified in part 19 of this article, authorized to issue building permits by the federal executive body, executive body of the constituent entity of the Russian Federation or local government body to the registration authority, as well as:

1) to the executive authority of the constituent entity of the Russian Federation, authorized to carry out state construction supervision, in the event that the developer is sent the specified notification on the basis provided for in paragraph 1 or 2 of part 20 of this article;

2) to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, in the event that the developer is sent the specified notification on the basis provided for in paragraph 2 of part 20 of this article;

3) to the federal executive body authorized to carry out state land supervision, the local self-government body exercising municipal land control, if the developer is sent this notification on the basis provided for in clause 3 or 4 of part 20 of this article.

(Part 21 is introduced by the Federal Law of 03.08.2018 N 340-ФЗ)

Chapter 6.1. SELF-REGULATION IN THE FIELD OF ENGINEERING, ARCHITECTURAL-CONSTRUCTION DESIGN, CONSTRUCTION, RECONSTRUCTION, CAPITAL REPAIR, DEMOLITION OF OBJECTS OF CAPITAL CONSTRUCTION

(as amended by the Federal Law of 03.08.2018 N 340-ФЗ)

(introduced by the Federal Law of July 22, 2008 N 148-ФЗ)

Town-planning code (GrK) of the Russian Federation  specializes in the regulation of urban development activities aimed at the development of urban areas, various settlements and individual (related to these works, services) relations. It contributes to the sustainable development of territories based on territorial planning and urban planning zoning. It controls the balance of accounting for economic, environmental, social, etc. factors during urban planning. It proclaims providing persons with disabilities with the proper conditions for their unhindered access to various facilities. Raises such issues as the participation of people and their associations in the implementation of urban development, ensuring freedom of such participation, the responsibility of the state authorities of our country, government agencies of the constituent entities of the Russian Federation and local self-government for ensuring decent living conditions, etc.

In the new edition of the Town Planning Code, the previously existing procedure for putting an object into operation was fundamentally changed. The rules are also regulated by the Regulation on the implementation of GOS in the Russian Federation, Government Decision No. 441. Next, we will examine how commissioning of construction projects is now underway.

Normative base

Government Decision No. 441 regulates the activities of the federal executive body issuing permission to put the facility into operation. The order of the Ministry of Regional Development regulates the activities of authorized authorities on paperwork for structures located in special territories. Such areas include land plots that are not covered or not established by the urban planning regulations, except for capital construction projects, for which the execution of state expert appraisal of project documents or the issuance of building permits are assigned to other federal executive institutions.

General rules

Permission to commission the facility is issued by the authority that issued the same paper for the construction of the facility. To obtain it, you must contact the authorized authority with a statement. The commissioning deadline is 10 days. During this period, the authorized organization accepts and reviews the submitted papers, carries out the necessary checks. Based on the results of these procedures, either permission is issued to put the facility into operation, or a refusal is given. In this case, the latter should be reasoned.

Activities before the final check

The preparatory phase includes:

1. Test launches.
2. Individual tests of installed equipment, functional launches of individual systems.
3. Acceptance of the capital construction object (when performing work under the contract).

During the construction and installation of structures, it is necessary to carry out intermediate acceptance of structural elements and components of equipment, as well as covert work. Functional and individual tests are carried out with the involvement of the customer after the completion of installation and construction. Deficiencies and defects that are allowed during operation, equipment deficiencies found during trial tests, must be eliminated before the start of a comprehensive launch. General testing should be carried out by the customer during the final inspection. In the process of its implementation, the joint operation of the main units and all auxiliary units under load is checked. Complex testing of systems according to schemes that are not provided for in the design is not allowed.

Final check

Certain papers are attached to the application. Their list is strictly regulated by law and cannot be expanded at the request of the authorized inspection body. The statement of the developer must be accompanied by a conclusion on the compliance of the structure with the requirements of technical regulations and design documentation. This paper is issued by the state supervisory authority. However, before the conclusion on compliance is issued, the facility must pass a final check. Based on its results, either a decision to issue a paper is made, or a refusal to do so. The final inspection is carried out after completion of construction, overhaul, reconstruction. Depending on the complexity of the structure, up to one month is allowed for this procedure. A conclusion is issued if there were no inconsistencies or violations at the facility, or if they were eliminated within the prescribed time.

Authority of the control organization

During the final assessment, the supervisor in the person of officials checks for the availability of certificates from other bodies of state control and supervision, as well as operating enterprises that provide utilities, about connecting external networks to the facilities according to an ongoing scheme, fulfilling technical conditions and accepting them for maintenance.

Unauthorized erection of parts

In this case, as well as if the developer did not timely inform the state supervision body about the start of construction, he needs to contact an independent specialized organization to conduct a detailed (instrumental) study of the structural elements of the structure or the entire building. The results of this survey are in the form of a report on those. condition are provided to the state supervision authority. If they are positive, the authorized authority may decide to issue a statement of compliance.

What do you need to get an AIA?

To do this, contact the supervisor with a statement. The following documents must be attached to the appeal:

• Act of final inspection by an official of an authorized body.
• The acceptance certificate for the construction of a facility on the basis of a contract.

Important point

State supervision is carried out from the date of receipt of the notification of the start of work until the issuance of the AIA of the repaired, reconstructed or constructed facility to the requirements of technical regulations, design documentation and other documents. This means that a positive conclusion is issued if control measures were carried out throughout the entire period of construction. If the supervision was not carried out through the fault of the builder, then the authorized body has the right to refuse to issue an AIA.

Act of commissioning an object

It is a document that certifies the completion of construction, repair, overhaul or reconstruction of the structure in full. This paper must comply with the building permit. The form in which the commissioning report for the facility is drawn up is approved in Government Decision No. 698. Next, we consider the papers that need to be provided.

Commissioning: documents

The list of securities is established in Art. 55, part 3 GrK. The list includes:

1. Title documents for the land.
2. Papers certifying the acquisition of rights to the allotment where the construction was carried out.
3. Urban plan of the site. Its form is approved by Government Decision No. 840.
4. Building permission. It must be drawn up in accordance with Art. 51 GrK. Papers issued prior to the entry into force of the new edition are also recognized as valid.
5. Conclusion from the fire supervision authority (if these control measures are provided).
6. The location scheme of the repaired, reconstructed or constructed facility, engineering communications networks within the land plot, the planning organization of the place.
7. The conclusion from the state supervision body (if it is envisaged to carry out control measures) on the compliance of the structure with the established requirements and the technical plan.

Information subject to gratuitous transfer

To carry out the commissioning of the property, copies must be provided to the authorized body:

1. Papers confirming the conformity of the construction parameters to the project and signed by the customer or directly by the person carrying out its construction.
2. Act of acceptance of the object. It is provided if the construction is carried out under a contract.
3. A document confirming the compliance of the structure with the above requirements. This paper must also be signed by the customer or contractor.
4. Documents confirming the compliance of the object with the technical conditions. These papers are signed by representatives of organizations responsible for the use of engineering communications networks.

Technical Accounting and Inventory

To carry them out, the following papers must be submitted to the FSUE branch at the location of the structure:

1. Urban planning and project documentation with a general layout scheme. The latter is available on a scale of 1: 2000 or 1: 500.
2. An extract from the EGRZKR (state registry of land cadastre) with the plan and cadastral number of the plot.
3. Permission to commission the facility.
4. Proof of title to land.

registration

This procedure is carried out by the federal authorized body at the location of the structure. For state registration are required:

1. Title and constituent documents of the copyright holder.
2. Construction plan.
3. Registration certificate
4. Extract from the state register of urban development facilities. This paper is valid for a month from the date of issue.
5. Documents certifying the rights to the site.
6. Building and commissioning permits.

Glazov Alexander Alexandrovich

In the material of this article we will consider key issues related to the issuance of permits for the commissioning of capital construction facilities referred to in clause 4 of part 5 and clause 1 of part 6 of article 51 of the Town Planning Code of the Russian Federation (with the exception of capital construction projects for which issuance of building permits assigned to other federal executive bodies) on the example of Moscow.

What is a permission to put an object into operation and why get it?

According to the legislation of the Russian Federation (Article 55, Town Planning Code), commissioning of an object is possible only after obtaining the appropriate permission from the regulatory authorities.

A permission to put an object into operation is a document certifying the completion of construction, reconstruction of the capital construction object in full in accordance with the building permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction object with the requirements for construction, reconstruction of the capital construction object established by on the date of issue of the land plot submitted for obtaining a permit for construction TCA, allowed by the use of land or (in the case of construction, reconstruction of a linear object) project planning area and land survey design and limitations set forth in accordance with the land and other Russian Federation.

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The permission to put the facility into operation is the basis for the developer / technical customer to initiate the procedure for putting the object on cadastral registration and registration of property rights. Next, we will figure out how to get this document, and what procedures you need to go through.

Who issues permission to put into operation construction projects?

Apply for permission to put the facility into operation should be in the authorized executive body (the body that issued the building permit). In Moscow, the organization responsible for issuing permits for putting objects into operation is the Moscow State Construction Supervision Committee. The organization’s website in the section “Public Services” provides detailed information on the procedure for providing the public service “Obtaining permission to put an object into operation”.

Register of permits for putting an object into operation.

You can check the permission to put the facility into operation on the website of the Ministry of Construction. The Ministry of Construction and Housing and Communal Services of the Russian Federation maintains a register of all issued permits for commissioning buildings and structures.

Below is a sample permission to put an object into operation.

Commissioning: a list of required documents.

To obtain permission to put into operation capital construction facilities (non-linear facilities) for commercial use, the developer submits the following documents: Application for the issuance of permission. Identification document of the applicant (original for making a copy) or a document confirming the authority of the applicant's representative to act on behalf of the applicant (if the service is requested not by the applicant himself, but by his authorized representative).

1. Documents confirming ownership of the land.
2. The act of putting the facility into operation (acceptance certificate) of the capital construction facility. (This document is necessary if a general contract for the construction of an object has been concluded).
3. A document confirming the compliance of the constructed capital construction facility with the requirements of technical regulations (drawn up and signed by the person carrying out the construction).
4. A document confirming the compliance of the parameters of the constructed capital construction project with the design documentation, including the requirements for energy efficiency and the requirements for equipping the capital construction facilities with metering devices for used energy resources (signed by the person performing the construction).
5. Certificates on the implementation of technical specifications signed by representatives of organizations operating engineering networks.
6. The scheme of the planning organization of the land plot, showing the location of the constructed capital construction facility, engineering networks.
7. AIA (Conclusion on the compliance of the constructed capital construction facility with the requirements of technical regulations and design documentation).
8. Compulsory civil liability insurance contract for the owner of a hazardous facility for damage resulting from an accident at a hazardous facility, in accordance with the legislation of the Russian Federation.
9. Technical plan (in accordance with the Decree of the Government of the Russian Federation dated 01.03.2013 No. 175 “On the establishment of the document necessary for obtaining permission to put an object into operation”).
10. For electric power facilities, gas supply systems, transport infrastructure, pipeline transport or communications, a textual and graphical description of the boundaries of the protected zone is also provided.

Procedure for Obtaining AIA

The customer submits a notice of completion of construction (reconstruction) to the regional state construction supervision body, which, after checking the facility, issues a conclusion on the conformity of the constructed (reconstructed) building or structure up to 7 working days free of charge. Read more about the procedure in our article on.

Additional documentation requested from the information system.

Also, when providing this service, Gosstroynadzor requests the following documentation from the information system:

1. GPZU (Urban Plan of the land).
2. Building permit.
3. Approved AGR (Certificate of approval of the architectural and urban planning decision of the object) (if necessary).

Commissioning deadline

The total term for issuing a permit for putting an object into operation is 10 days, and you will not be required to have an in-person visit to a government body at any stage of the application consideration. The service is provided free of charge, and a permit (or a reasoned refusal to issue a permit) is sent to the applicant electronically in a personal account on the portal or is handed in person.

Having received permission to put the property into operation, the developer gains the right to carry out cadastral registration of the property and register ownership of the property.

In what cases can a refusal be issued to issue a permit for putting an object into operation?

We list the main cases in which the applicant may be denied a building permit. These include:

• non-compliance of the capital construction project with the requirements of the urban development plan of the land plot;
• non-compliance of the capital construction project with the requirements established in the building permit;
• mismatch of the parameters of the constructed, reconstructed capital construction project design documentation.

In what cases is it not necessary to obtain permission to put an object into operation?

Permission to put an object into operation is not required for non-capital construction projects, for which a building permit is not required.

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Article 55. Issuance of permission to put an object into operation

• checked today
• code of 07/01/2019
• entered into force December 30, 2004

Art. 55 Town Planning Code as last amended on January 1, 2019.

The article has a new edition, effective 1 January 2021.
View changes in a future edition

Compare with the editorial of the article dated 01/01/2021 09/01/2018 04/08/2018 01/01/2018 07/01/2017 01/01/2017 12/31/2016 04/07/2016 06/13/2016 07/13/2015 01/22/2015 01/01/2013 06/25/2012 01/01/2012 11/29/2011 07/22/2011 07/01/2011 03/25/2011 12/07/2010 11/27/2009 01/01/2009 05/17/2008 01/01/2007 07/29/2006 01/01/2006 12/30/2004

A permission to put an object into operation is a document that certifies the completion of construction, reconstruction of the capital construction object in full in accordance with the building permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction object with the requirements for construction, reconstruction of the capital construction object, established on the date of issuance submitted for obtaining a permit for the construction of urban land plot, permitted use of the land plot or in the case of construction, reconstruction of a linear object, a territory planning project and a land surveying project (with the exception of cases in which the preparation of documentation on a territory planning is not required for the construction, reconstruction of a linear object), a territory planning project in case of issuing permits for commissioning a linear facility, for the placement of which the formation of a land plot is not required, as well as restrictions tanovlenii in accordance with the land and other Russian legislation.

To put an object into operation, the developer applies to the federal executive body, the executive body of the constituent entity of the Russian Federation, local government, the State Atomic Energy Corporation Rosatom or the State Space Corporation Roscosmos, which issued the building permit, directly or through multifunctional center with an application for the issuance of permission to put the facility into operation.

To make a decision on issuing permission to put an object into operation, the following documents are required:

• 1) title documents for a land plot, including an agreement on the establishment of an easement, a decision on the establishment of a public easement;
• 2) a town-planning plan of the land plot submitted for obtaining a building permit, or in the case of construction, reconstruction of a linear object, a territory planning project and a land surveying project (except for cases in which the preparation of territory planning documentation is not required for the construction or reconstruction of a linear object) , a project for the planning of the territory in the event of issuing a permit for commissioning a linear facility for the placement of which the formation of land TKA;
• 3) building permit;
• 4) the act of acceptance of the capital construction object (in the case of construction, reconstruction on the basis of a construction contract);
• 5) has become invalid since August 4, 2018 - Federal Law of August 3, 2018 N 340-ФЗ
• 6) an act confirming the compliance of the parameters of the constructed, reconstructed capital construction project with project documentation, including the requirements of energy efficiency and the requirements for equipping the capital construction project with meters for the use of energy resources, and signed by the person carrying out the construction (the person carrying out the construction, and the developer or technical by the customer in case of construction, reconstruction on the basis of a construction contract poison, as well as the person exercising construction control, in the case of the implementation of construction control on the basis of the contract);
• 7) documents confirming the compliance of the constructed, reconstructed capital construction facility with the technical conditions and signed by representatives of organizations operating engineering networks (if any);
• 8) a diagram showing the location of the constructed, reconstructed capital construction object, the location of the engineering support networks within the boundaries of the land plot and the planning organization of the land plot and signed by the person carrying out the construction (the person carrying out the construction, and the developer or technical customer in case of construction, reconstruction on the basis of a construction contract), except in cases of construction, reconstruction of a linear facility and;
• 9) the conclusion of the state construction supervision body (if it is envisaged to carry out state construction supervision in accordance with part 1 of Article 54 of this Code) on the compliance of the constructed, reconstructed capital construction facility with the requirements of design documentation, including the requirements for energy efficiency and the requirements for equipping a capital facility construction of metering devices for used energy resources, conclusion of an authorized person to implement ederalnogo state environmental supervision of the federal executive body (hereinafter - the authority of the federal state ecological control), issued in the cases specified in paragraph 7 of Article 54 of this Code;
• 10) a document confirming the conclusion of a contract of compulsory civil liability insurance of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility in accordance with the legislation of the Russian Federation on compulsory civil liability insurance of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility;
• 11) the act of acceptance of the work performed to preserve the cultural heritage site, approved by the relevant body for the protection of cultural heritage, defined by the Federal Law of June 25, 2002 N 73-ФЗ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation", when restoration, conservation, repair of this object and its adaptation for modern use;
• 12) the technical plan of the capital construction project prepared in accordance with the Federal Law of July 13, 2015 N 218-ФЗ "On state registration of real estate";
• 13) has become invalid since August 4, 2018 - Federal Law of August 3, 2018 N 342-ФЗ
• 3.1. The document and conclusion specified in clauses 6 and 9 of part 3 of this article shall contain information on the normative values \u200b\u200bof indicators included in the energy efficiency requirements of the capital construction object, and on the actual values \u200b\u200bof such indicators determined in relation to the constructed, reconstructed capital construction object as a result of research, measurements, examinations, tests, as well as other information on the basis of which the compliance of such an object with the requirements is established Niyama energy efficiency and the requirements of its equipment metering devices used energy resources. During the construction, reconstruction of an apartment building, the conclusion of the state construction supervision body should also contain information on the energy efficiency class of the apartment building, determined in accordance with the legislation on energy conservation and on increasing energy efficiency.

Documents (their copies or information contained in them) referred to in paragraphs 1, 2, 3 and 9 of part 3 of this article shall be requested by the bodies referred to in part 2 of this article to state bodies, local authorities and subordinate to state bodies or bodies local government organizations in possession of these documents, if the developer has not submitted these documents independently.

The documents referred to in paragraphs 1, 4, 5, 6, 7 and 8 of part 3 of this article shall be sent by the applicant independently if the specified documents (their copies or information contained in them) are not available at the disposal of state authorities, local authorities or subordinate government or local government organizations. If the documents referred to in this part are at the disposal of state authorities, local authorities or organizations subordinate to state bodies or local authorities, such documents shall be requested by the body specified in part 2 of this article from the authorities and organizations that have such documents, if the developer has not submitted these documents independently.

Upon interdepartmental requests of the authorities referred to in part 2 of this article, the documents (copies thereof or information contained therein) provided for by part 3 of this article shall be provided by state bodies, local self-government bodies and organizations subordinate to state bodies or local self-government bodies at the disposal of which these documents are located, no later than three business days from the date of receipt of the relevant interdepartmental request.

The Government of the Russian Federation may establish, in addition to those stipulated by part 3 of this article, other documents necessary for obtaining permission to put the facility into operation, in order to obtain in full the information necessary for putting the capital construction object into state accounting.

To obtain permission to put an object into operation, it is permitted to require only the documents specified in parts 3 and 4 of this article. Documents provided for in parts 3 and 4 of this article may be sent in electronic form. The Government of the Russian Federation or the highest executive body of state power of a constituent entity of the Russian Federation (with regard to cases of issuing permission to put an object into operation by executive authorities of constituent entities of the Russian Federation, local self-government bodies) may establish cases in which the direction specified in parts 3 and 4 of this article documents carried out exclusively in electronic form. The procedure for sending the documents specified in parts 3 and 4 of this article to the federal executive bodies, executive bodies of a constituent entity of the Russian Federation, local authorities, the State Atomic Energy Corporation Rosatom or the State Corporation authorized to issue permits for commissioning the facility for space activities, Roscosmos is electronically set by the Government of the Russian Federation.

The body, the State Atomic Energy Corporation "Rosatom" or the State Corporation for Space Activities "Roskosmos", which issued the building permit, must ensure within seven working days from the date of receipt of the application for the issuance of permission to put the facility into operation that documents are checked and correct specified in part 3 of this article, inspection of the capital construction facility and issue the applicant permission to put the facility into operation or refuse to issue such permission with Azan reasons for the refusal. During the inspection of the constructed, reconstructed capital construction object, the compliance of such an object with the requirements specified in the building permit, the requirements for the construction, reconstruction of the capital construction facility established on the date of issue of the land plot submitted for obtaining the permit for construction, or in case of construction, is checked , reconstruction of a linear object to the requirements of the territory planning project and the land surveying project ii (with the exception of cases in which the construction of a linear facility does not require the preparation of territory planning documentation), the requirements established by the territory planning project, if a permit is issued for commissioning a linear facility, the placement of which does not require the formation of a land plot, as well as the permitted use of the land, the restrictions established in accordance with the land and other legislation of the Russian Federation, the requirements of the project document entatsii, including energy efficiency requirements and the requirements of the facilities of capital construction accounting devices used energy resources. If during the construction, reconstruction of the capital construction object, state construction supervision is carried out in accordance with part 1 of Article 54 of this Code, the inspection of such an object by the body that issued the building permit is not carried out.

The grounds for refusing to issue a permit for putting an object into operation are:

Failure to receive (untimely receipt) of the documents requested in accordance with parts 3.2 and 3.3 of this article shall not be grounds for refusing to issue a permit for putting the facility into operation.

A refusal to issue a permit for putting an object into operation may be challenged in court.

Permission to put an object into operation (with the exception of a linear object) is issued to the developer if the federal executive authority, executive authority of the constituent entity of the Russian Federation, local government, the State Atomic Energy Corporation Rosatom or the State Corporation for Space Activities " Roscosmos ", which issued a building permit, was given a free copy of a diagram showing the location of the constructed, reconstructed capital construction facility land, the location of networks of engineering and technical support within the boundaries of the land plot and the planning organization of the land plot to place such a copy in the state information system for providing urban planning activities.

Federal executive body, executive body of a constituent entity of the Russian Federation, local government, State Atomic Energy Corporation "Rosatom" or State Corporation for Space Activities "Roskosmos", which issued permission to put the facility into operation, within five working days from the date of issue such permission is provided (including using a single system of interdepartmental electronic interaction and regional systems of interdepartmental e-technology connected to it) electronic interaction) transfer to the authorized bodies of state constituent entities of the Russian Federation, local authorities of municipal districts, urban districts, information, documents, materials specified in clauses 3, 9 - 9.2, 11 and 12 of part 5 Article 56 of this Code.

Permission to put an object into operation is the basis for state registration of the constructed capital construction object, for amending the state accounting documents of the reconstructed capital construction object.

A mandatory annex to the permit for putting the facility into operation is the technical plan of the capital construction facility submitted by the applicant, prepared in accordance with Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate".

The permit for putting the facility into operation should reflect information on the capital construction facility in the amount necessary for the implementation of its state cadastral registration. The composition of such information must comply with the requirements for the composition of information in the graphic and text parts of the technical plan established in accordance with the Federal Law of July 13, 2015 N 218-ФЗ "On State Registration of Real Estate".

After the completion of the construction of the capital construction object, the person carrying out the construction is obliged to transfer the results of engineering surveys, design documentation, acts of survey of works, structures, sections of engineering and technical support networks of the capital construction object, other documentation necessary for the operation of such an object to the developer of such an object.

When carrying out work to preserve a cultural heritage object, permission to commission such an object is issued taking into account the features established by the legislation of the Russian Federation on the protection of cultural heritage objects.

The permission form for putting the facility into operation is established by the federal executive body authorized by the Government of the Russian Federation.

Within three working days from the date of issuance of the permission to put the facility into operation, the body issuing such permission shall send a copy of such permission to the federal executive body authorized to carry out state construction supervision, if permission is issued for commissioning capital construction objects referred to in paragraph 5.1 of Article 6 of this Code, or to the executive authority of a constituent entity of the Russian Federation authorized to carry out state construction of supervision, if granted permission for commissioning of other capital construction.

In the cases provided for by clause 9 of clause 7 of Article 51 of this Code, within three business days from the date of issuance of the permission to put the facility into operation, the federal executive body, executive body of the constituent entity of the Russian Federation, local government, State Atomic Energy Corporation Rosatom "or the State Space Corporation Roscosmos, which issued such permission, send (including using a single system of interagency electronic interaction action and the regional systems of interagency electronic interaction connected to it) a copy of such a permit to state authorities or local authorities that have decided to establish or change a zone with special conditions for the use of the territory in connection with the placement of the facility in respect of which permission has been issued to enter the facility into operation.

A permission to put an object into operation is not required if, in accordance with part 17 of Article 51 of this Code, the issuance of a building permit is not required for the construction or reconstruction of the object.

In the case of construction or reconstruction of an individual housing construction object or garden house, the developer shall submit the paper form by personal appeal to the federal executive body authorized to issue construction permits no later than one month from the date of completion of construction or reconstruction of the individual housing construction or garden house , an executive authority of a subject of the Russian Federation or a local government, including through the functional center, or sends to these authorities by post with a delivery receipt or a single portal of state and municipal services a notice of completion of construction or reconstruction of an individual housing project or garden house (hereinafter - notification of completion of construction). The notice of completion must contain the information provided for in paragraphs 1 - 5, 7 and 8 of part 1 of Article 51.1 of this Code, as well as information on the parameters of the constructed or reconstructed individual housing construction or garden house, on the payment of the state fee for the implementation of state registration of rights, about the method of sending the developer the notice provided for in paragraph 5 of part 19 of this article. The notice of completion is accompanied by:

• 1) the documents specified in clauses 2 and 3 of part 3 of Article 51.1 of this Code;
• 2) the technical plan of the individual housing construction or garden house;
• 3) an agreement between the rightholders of the land plot to determine their shares in the right of common shared ownership of the constructed or reconstructed individual housing project or garden house if the land plot on which the individual housing construction or garden house is built or reconstructed belongs to two and more to citizens on the right of common shared ownership or on lease with a plurality of persons on the side of the tenant.

If there is no information in the notice of completion of construction specified in the first paragraph of part 16 of this article, or if there are no documents attached to it and provided for in paragraphs 1 to 3 of part 16 of this article, as well as if the notification of completion of construction was received after ten years from the date of receipt of the notice of the planned construction, in accordance with which the construction or reconstruction of the individual housing construction or garden house, or Litigation about the planned construction of such an individual housing project or garden house has not been sent before (including return to the developer in accordance with part 6 of Article 51.1 of this Code), authorized to issue construction permits by the federal executive body, executive body of the constituent entity of the Russian Federation or a local government within three business days from the date of receipt of the notice of completion of construction returns a notification to the developer the completion of construction and the documents attached to it without consideration, indicating the reasons for the return. In this case, the notice of completion is considered non-directional.

The notice of completion is approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of construction, architecture, urban planning.

Authorized to issue building permits, the federal executive body, executive body of a constituent entity of the Russian Federation or local government within seven working days from the date of receipt of the notice of completion:

• 1) conducts verification of compliance of the parameters specified in the notice of completion of construction of an individual housing construction or garden building with the current effective date of receipt of the notice of planned construction of the maximum parameters for permitted construction, reconstruction of capital construction, established by the rules for land use and development, and planning documentation for the territory , and mandatory requirements for the parameters of capital objects of property established by this Code, other federal laws (including if the specified limit parameters or mandatory requirements for the parameters of capital construction objects are changed after the day of receipt of the notice of planned construction by the relevant authority and the notice of completion confirms the compliance of the parameters of the constructed or reconstructed object of individual housing construction or garden house to the maximum parameters and mandatory required to the parameters of capital construction objects effective as of the date of receipt of the notice of planned construction). If the notice of completion confirms the compliance of the parameters of the constructed or reconstructed individual housing construction object or the garden house with the limit parameters and the mandatory requirements for the parameters of the capital construction objects valid at the date of receipt of the notification of the completion of construction, the compliance of the parameters of the constructed or reconstructed individual housing or garden house specified limit n parameters and mandatory requirements for the parameters of capital construction objects, valid on the date of receipt of the notice of completion of construction;
• 2) verify by inspecting an individual housing project or garden house the appearance of the individual housing project or garden house according to the appearance of such an object or house, which is an annex to the notice of planned construction (provided that the developer within the time period specified in paragraph 3 of the part 8 of Article 51.1 of this Code, a notification was not sent about the inconsistency of the parameters of an individual personal building or garden house with the established parameters and (or) the inadmissibility of placing an individual housing construction object or garden house on a land plot on the basis specified in clause 4 of part 10 of Article 51.1 of this Code), or with a typical architectural solution specified in the notice of planned construction, in the case of the construction or reconstruction of an individual housing project or garden house within the boundaries of a historical settlement of federal or regional significance;
• 3) check the conformity of the type of permitted use of the individual housing construction object or garden house with the type of permitted use specified in the notice of planned construction;
• 4) checks the permissibility of placing an individual housing construction object or a garden house in accordance with the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by the decision to establish or change the zone from special conditions for the use of the territory adopted in relation to the capital construction project planned for construction, reconstruction state and such an object of capital construction is not put into operation;
• 5) sends to the developer in the manner indicated in the notice of completion of construction, a notice on the compliance of the constructed or reconstructed individual housing project or garden house with the requirements of the legislation on urban development or on the non-compliance of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning with an indication of all grounds for giving such notice. Notification forms on the compliance of the constructed or reconstructed individual housing project or garden house with the requirements of the legislation on urban development, the notification on the discrepancy of the constructed or reconstructed individual housing construction or garden house with the requirements of the legislation on urban planning are approved by the federal executive body that carries out the functions of development and implementation public policy and norm ivno legal regulation in the sphere of construction, architecture and town planning.

A notice of non-compliance of the constructed or reconstructed individual housing construction or garden house object with the requirements of the legislation on urban development activities is sent only in the following cases:

• 1) the parameters of the constructed or reconstructed object of individual housing construction or a garden house do not meet the limit parameters specified in clause 1 of part 19 of this article for the permitted construction, reconstruction of capital construction objects, established land use and development rules, territory planning documentation, or mandatory requirements for object parameters capital construction established by this Code, other federal laws;
• 2) the external appearance of the individual housing construction object or garden house does not correspond to the description of the external appearance of such an object or house, which is an annex to the notice of planned construction, or the typical architectural solution specified in the notice of planned construction, or a notice of non-compliance with the specified in notification of the planned construction of the parameters of the individual housing construction object or garden house to the established parameters and (or) under Ustimov the object of individual housing construction or garden house on a plot on the grounds mentioned in paragraph 4 of Part 10 of Article 51.1 of this Code, in the case of construction or reconstruction of the object of individual housing construction or garden house within the boundaries of the historical settlement of the federal or regional significance;
• 3) the type of authorized use of the constructed or reconstructed capital construction object does not correspond to the type of permitted use of the individual housing construction object or garden house specified in the notice of planned construction;
• 4) the placement of an individual housing construction object or a garden house is not allowed in accordance with the restrictions established in accordance with the land and other legislation of the Russian Federation on the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by the decision to establish or change the zone from special conditions for the use of the territory adopted in relation to the capital construction planned for construction, reconstruction, etc. Coy capital construction object not put into operation.

A copy of the notice of non-compliance of the constructed or reconstructed individual housing construction object or garden house with the requirements of the legislation on urban development is sent to the deadline specified in part 19 of this article, authorized to issue construction permits by the federal executive body, executive body of the constituent entity of the Russian Federation or local authority self-government to the registration authority, as well as:

• 1) to the executive authority of the constituent entity of the Russian Federation, authorized to carry out state construction supervision, in the event that the developer is sent the specified notification on the basis provided for in paragraph 1 or 2 of part 20 of this article;
• 2) to the executive authority of the constituent entity of the Russian Federation authorized in the field of protection of cultural heritage objects, in the event that the developer is sent the specified notification on the basis provided for in paragraph 2 of part 20 of this article;
• 3) to the federal executive body authorized to carry out state land supervision, the local self-government body exercising municipal land control, if the developer is sent this notification on the basis provided for in clause 3 or 4 of part 20 of this article.