Granting permission to commission the facility. What documents are needed to obtain a commissioning permit? In what cases can a refusal be issued to issue a permit for putting an object into operation

Commissioning of a property is a procedure that completes the construction or reconstruction of a property made on the basis of a building permit (reconstruction).

The document that formalizes the commissioning of the property is Permission to enter.

The concept of Permission to put an object into operation is contained in Art. 55:

“The permission to put the facility into operation is a document that certifies the completion of construction, reconstruction of the capital construction facility in full in accordance with the construction permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction facility with the requirements for construction, reconstruction of the capital construction facility established on the date of issuance submitted for obtaining a permit for the construction of urban of 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, as well as restrictions established in accordance with the land and other legislation of the Russian Federation. ”

To obtain permission for commissioning, it is necessary to prepare a list of documents established by law, to go through the sequential procedures provided for by the rules of law.

Depending on the type of construction work that was carried out on the property, the list of documents and actions for input will be different.

The two main types of permits for putting an object into operation are permission for putting an object into operation after construction and permission for putting an object into operation after reconstruction.

State authorities for issuing permits for commissioning

The main state body responsible for issuing permits for commissioning ACS at the federal level is the Ministry of Construction and Housing and Communal Services of the Russian Federation.

The state authority authorized to issue Permits for putting objects into operation in Moscow is Mosgosstroynadzor (Committee for State Construction Supervision of the City of Moscow), in St. Petersburg - Gostroynadzor of St. Petersburg (Service for State Construction Supervision and Expertise of St. Petersburg).

In other regions, organs are called in the same way. The main function of these federal, regional authorized state organizations is to verify the legality of the construction and reconstruction of ACS on the territory of the Russian Federation and their compliance with the rules and regulations currently in force.

For specialized real estate objects, special rules for commissioning and government agencies that may issue a permit for commissioning may be provided. For example, Roscosmos issues permits for commissioning facilities related to the space industry.

The powers of state authorities in the field of construction expertise and the issuance of permits are secured by:

1. Decree of the Government of the Russian Federation of 06.02.2012 N 92 “On the federal executive body authorized to issue construction permits and permits for commissioning of capital construction facilities”
2. Order of the Ministry of Regional Development of the Russian Federation dated 02.07.2009 No. 251 "On the organization of work on the issuance of building permits and permits for the commissioning of capital construction facilities referred to in paragraph 5.1 of Article 6 of the Town Planning Code of the Russian Federation located on land plots that are not subject to the urban planning regulations or for which urban planning regulations are not established, with the exception of capital construction projects for which State examination of design documentation and (or) issuance of building permits is assigned to other federal bodies the executive branch. "

According to the hierarchy of legislation, the Town Planning Code occupies the leading place, other regulatory acts are developed on its basis and cannot contradict it.

To implement the rules for issuing permits for ACS in each region, their own legal acts may be developed, but they cannot contradict the Civil Code of the Russian Federation.

Documents for commissioning

The Civil Code of the Russian Federation has established a limited list of documents that should be prepared and sent to an authorized state agency to obtain permission to put the facility into operation.

These include:

1. Application for issuing permission to commission the facility.
2. Documents attesting to the lawful use of the land plot on which the ACS is located (certificate of land right).
3. Urban planning plan or project planning and land surveying project (for linear objects).
4. Permission to build ACS.
5. The act in accordance with which the ACS was adopted by the contracting authority - for cases of construction / reconstruction on the basis of contracts.
6. Confirmation of compliance of the construction work with technical regulations, other requirements and standards (this document is prepared and signed by an authorized person from the construction company that performed the relevant work).
7. Confirmation of compliance of construction or reconstruction at the facility with a previously constructed construction or reconstruction project.
8. A letter or other document from an authorized organization confirming that the ACS meets the technical conditions for connecting to utility networks.
9. The scheme, executed according to the rules, on which the location of the ACS and all engineering systems on the land plot is displayed.
10. The conclusion from the authorized supervisor in the field of construction that the constructed facility meets all the requirements of building regulations.
11.   real estate property, made according to the results of measurements and coordination of ACS.

For special objects, additional requirements for the provision of documents are established, but the general list for all ACS is one.

Important!

The state authorities are not entitled to require the applicant to provide other documents. However, current legislation, especially given the presence of regional orders and instructions, may contain rules that oblige you to provide additional information on the property, and failure to comply with this requirement may result in a refusal to issue a permit for commissioning.

The body authorized to provide public services in the field of commissioning construction works in the Moscow region is the Committee for State Construction Supervision of the city of Moscow.

It is worth noting that Moscow has its own special regulatory document governing the construction industry -

All interaction on obtaining permission to enter is carried out electronically using existing services on the official website   mos.ru

To regulate certain procedures, the Administrative Regulation on the issuance of permits for commissioning was adopted with the latest amendments from 12/15/2016.

It establishes that the authorized bodies in Moscow for issuing permits for entry are: the Moscow State Construction Supervision Committee, the Department of Nature Management and Environmental Protection, the Department of Cultural Heritage of Moscow. It depends on who issued the building permit (reconstruction) initially and which government agency should apply for a permit for entry.

It is envisaged that the applicant, upon receiving permission to enter, can be legal entities and individuals, who are developers of construction structures on land plots that belong to them by law.

To submit documents using electronic services, you must first go through the registration procedure.

The administrative regulations establish a list of documents required for commissioning. The first and main is a statement.

The full list of documents corresponds to that given in the Town Planning Code of the Russian Federation.

According to information on the website of the Gosstroynadzor of Moscow, the term for issuing a permit for entry will be seven working days. The administrative regulations indicate - 10 days.

The grounds for refusing to accept documents for obtaining entry permissions are similar to those presented in the Civil Code of the Russian Federation, however they are supplemented - the possibility of refusing to provide public services if the electronic forms of appeal are incorrectly filled out, the difference in electronic documents.

The decision with the refusal is issued in the form of an electronic document. His paperwork is made in case of an applicant's request within three business days. Such a document is required, for example, when applying to the court with a statement challenging the refusal to issue a permission to enter. An electronic document is signed by an enhanced electronic digital signature of the responsible official and is available in the applicant’s personal account.

The issuance of permission to enter an object is not provided for by applicable law. In case of violations, the state agency does not provide the applicant with the opportunity to correct documents.

Cases of refusal to issue a permit for entry are also established by the Town Planning Code of the Russian Federation and duplicated by the Administrative Regulations. We listed them earlier. It is worth noting that if the developer submitted the documents according to the list partially, and the official of the Gosstroynadzor requested the missing information in the order of interagency cooperation, and all this information together has discrepancies, the applicant will be refused permission to enter.

The result of applying to Gostroynadzor of Moscow for permission to enter is its receipt. It is issued to the applicant in "paper form" in person or by mail. Also, the regulation provides for the possibility of providing an electronic document. The applicant indicates in his application the choice of the permission form for putting the facility into operation.

The cost of obtaining permission to commission the facility in Moscow has not been established - that is, this service is provided for free.

For full interaction with the applicants, including on the consideration of complaints about the actions of officials and the illegality of issued refusals, the regulation provides for a pre-trial appeal procedure. The grounds for filing a complaint may be a violation of the terms for issuing a permit or refusal, payment for obtaining a permit, illegal refusal to accept documents for input, and others. All complaints are examined by the head of the Gosstrojnadzor of Moscow, and if a complaint is lodged against him, they are considered by the Moscow Government - the Main Control Directorate of Moscow.

The complaint can be submitted personally, by mail, using the electronic service. The term for its consideration is a maximum of 15 working days.

Commissioning in St. Petersburg

The commissioning of capital construction facilities in St. Petersburg is regulated by the internal documents of the Construction Supervision Service - to provide a state service for issuing permits for commissioning capital construction projects (approved by Order of the State Construction Supervision and Expertise Service of St. Petersburg dated December 30, 2016 No. 10-r).

According to the specified document, developers or organizations that create artificial land plots (as a special case of the construction of a special property) can apply for permission to commission ACS.

When applying for permission to enter a representative of an organization, he must have a power of attorney from the head - it is executed in simple written form, certified with a seal and signature.

The body authorized to issue building permits in St. Petersburg is the State Construction Supervision Service, and the Gosstoynadzor Office is involved in the preparation of permits.

Organizations that are also involved in checking the information submitted to the Gosstroynadzor according to the regulations: Committee for Urban Planning and Architecture, Committee for Property Relations of St. Petersburg, St. Petersburg, Office of the Federal Service for Ecological, Technological and Nuclear Supervision, Department of Rosprirodnadzor for the North-West Federal District, St. Petersburg State Budgetary Institution Center for expert and technical support ”, St. Petersburg State Unitary Enterprise“ St. Petersburg Analytical Center ”, MFC St. Petersburg.

Documents provided for receipt of input are submitted in paper form or in electronic form. The list of documents is presented in the Town Planning Code of the Russian Federation.

In addition to the established procedure for submitting documents (directly to a government agency, electronic services), St. Petersburg provides for a filing function by contacting the MFC.

There is also the possibility of electronic appeals: in your personal account on the website of the State Construction Supervision Agency www.expertiza.spb.ru; on the portal of public services www.gu.spb.ru.

All necessary documents provided in the original are also submitted with copies.

Corrections for which there is no record confirming fidelity are not allowed in the documents for receiving commissioning.

The regulation provides a list of refusal to accept documents and to issue a permission to enter.

Refusal to accept documents is allowed if: the applicant refused to submit, there is no application for a permit to enter, there is no electronic signature of the applicant (when submitting documents in electronic form).

The conditions for refusing to issue permission to enter the facility are similar to those set forth in the Civil Code of the Russian Federation. This list is specified by law and public authorities are not entitled to go beyond it.

The deadline for obtaining permission to put the facility into operation in St. Petersburg is 7 business days.

Issuance of a commissioning permit can be executed in two ways - in electronic form (if documents were submitted through an electronic service), in paper form - when filling out a request for permission through the MFC or the Service.

The primary control over the activities of specialists and officials of the Gosstroynadzor Service is entrusted to the head of the sector of issuing permits for input. In the event of a dispute between the applicant and the state agency due to the fact that, in his opinion, the refusal to accept or issue documents was unlawful, the person concerned has the right to use his right to pre-trial settlement of the conflict.

Gosstroynadzor Complaint Form .

To do this, you can use the provisions of the Rules - a complaint can be submitted in electronic or paper form in the same manner that is provided for sending documents to receive input. The complaint is considered by the State Construction Supervision Service. The term for consideration is 15 working days from the date of registration.

After considering the complaint, a decision is made - or the complaint is satisfied. Or they refuse it. Based on the results of the consideration of the complaint, the guilty officials can either be punished with disciplinary action or brought to administrative responsibility.

The regulation provides that a complaint may be left without consideration if it contains obscene language, threats, it is impossible to read certain provisions of the complaint.

If the decision on the complaint does not satisfy the applicant, he has the right to go to court. Such a right is provided for cases of alternative appeal against decisions of state authorities, or as a result of pre-trial settlement.

Permission to enter after reconstruction of the facility

The main distinguishing components of the set of documents for obtaining permission to commission the ACS after reconstruction is the reconstruction project that meets the building codes and the ACS after the construction changes.

After the reconstruction of the property, it changes, including the internal configuration, the location of support systems in the building, facades. A new object does not appear, but the old one undergoes significant modification. The legal consequences associated with this relate to the need to add new information to the Unified State Register of Rights. for the reconstructed object, the Gosstrojnadzor authorities will also need to check the parameters of the real estate object after reconstruction for compliance with the project approved when issuing the permission for reconstruction.

In preparing the technical plan after reconstruction, the cadastral engineer measures the property, prepares the outline and draws up a schedule. In the process of preparation, the engineer also coordinates the facility on the land. All information about the object, the owner of the building, title information, information about the changes is entered. Based on the technical plan, updates the information about the facility c. According to the new Federal Law No. 218 “On State Registration of Real Estate”, when entering information on a change in a real estate object during its reconstruction, the information is changed in the state cadastre and register of rights at the same time. At the same time, payment of the state duty is not expected - this applies to both legal entities and individuals.

Commissioning after construction

After carrying out a full range of works on the construction of a new ACS, the developer turns to Gosstroynadzor to obtain permission to put the facility into operation. Obtaining it will not be a problem if the construction was carried out on the basis of a permit, and the finished property is in accordance with the project.

Compliance with the design of the constructed ACS is checked when comparing it with the technical plan. a cadastral engineer prepares for commissioning. The company "" employs specialists of the highest level. We have experience in the preparation of technical plans for apartment buildings and commercial real estate, including underground parking.

Important!

The discrepancy in the area of \u200b\u200bthe finished object and the project cannot be more than 10%.

The field for obtaining Permission to put an object into operation, it is put on cadastral registration and registration of rights to it. It should be said that at present the law provides for the possibility of conducting cadastral registration with the help of mechanisms of interagency interaction, i.e. Gosstroynadzor authorities can send to. However, in practice this process is divided.

Act of Acceptance of a Capital Construction Facility

The Civil Code of the Russian Federation provides for the need to provide such a document for commissioning as an acceptance certificate. It is not always mandatory - only in cases where the developer and the customer of the construction or reconstruction are different legal entities. This document confirms the fact of the transfer of the object or part of the construction work to the direct customer and agreement with the work performed.

The Act of Acceptance in Operation of ACS should be distinguished from this act. Such a document is not currently provided for in preparing the kit for obtaining Permission to enter.

To use the constructed / reconstructed building for its intended purpose, it is necessary to obtain permission to put the house into operation. It confirms the completion of all construction work, as well as the conformity of the state of the building with the requirements of the provisions of the Town Planning Code and standards.

Residential Permit

As mentioned above, this document confirms the fact of completion of construction activities at the facility. The scope of work should correspond to the values \u200b\u200bindicated in the project and permission to carry them out.

Article 10 (in paragraph 1) of the Civil Code establishes that buildings whose construction is not completed are considered objects of incomplete construction. All rights to them must be registered. Moreover, if the construction of a multi-story building has not been completed, it cannot be used for its intended purpose. For this, commissioning is necessary. And only after receiving the relevant securities can the owners be settled.

The legislation also prescribes a site inspection by a special commission if state construction supervision is not provided for the construction.

Paper receipt

According to the rules of the Town Planning Code, as well as the provisions of the Federal Law No. 131, the issuance of a permit for the reconstruction / construction or commissioning of an object located within the territory of a city settlement is carried out by the local administration. To do this, the interested entity applies to the authorized body that issued him papers for the construction of the building.

Application and its annexes

The Town Planning Code establishes a list of securities required by the applicant who is commissioning the house. The documents that the subject must provide are as follows:

1. Statement.
2. Title papers on a site.
3. Urban development plan.
4. Building permit.
5. The act of acceptance. This document is provided in case of work under the contract.
6. Paper certifying compliance of the building with the requirements of technical regulations. It is signed by the developer.
7. The layout of the constructed, repaired or reconstructed building, as well as the adjacent engineering communications and planning organization of the territory. These documents are also signed by the developer.
8. Papers certifying compliance of the building with technical conditions. They are certified by representatives of enterprises engaged in the maintenance of engineering communications networks.
9. The conclusion of the commission of state control (if the appropriate procedure is provided for the facility). This document indicates the compliance of the building with the requirements of the project and technical regulations, including with respect to the parameters of equipment with metering devices and energy efficiency. For individual facilities, an additional opinion of the environmental control commission is additionally provided.

Engineering communications

To carry out the commissioning of a residential building, it is necessary to equip it. First of all, we are talking about laying engineering networks. Putting the house into operation is carried out in the presence of systems ready for work:

• Water supply - the structure must be connected to the local or central highway. In the first case, it can be a well or a well.
• Power supply - transmission lines must be installed, connected.
• Sewers - the specifics of the connection will depend on where the apartment building is located. Commissioning can be carried out in the countryside or in the city. In the first case, as a rule, there is no centralized sewage system. An autonomous system is suitable for each building. In the city, sewerage is centralized.
• Heating - the choice of system also depends on the location. As a rule, gas, stove, and boiler heating are used in the suburbs.

Equally important is the convenient access to the structure. It can be asphalt or gravel road.

IZHS

Putting the house into operation is carried out by a special commission. To exclude any claims to the construction, a number of rules should be followed. First of all, it is necessary to visit the cadastral chamber at the location of the object in order to call an engineer to clarify the existing boundaries and fix the fact of the construction. In this case, the house should already have windows, doors, a roof, a porch, and floors.

In order for the commission to arrive, it is necessary to send a statement to the territorial authority. Attached is a building permit and title papers for the site.

An application for inspection and a passport for the construction should be submitted to the town planning department. The latter is issued by the cadastral engineer. The executive body must take a list of institutions with which you need to coordinate documentation. The control structures in particular include the fire, gas, and electrical services.

Having received approval for putting the house into operation, having paid the established fee for the survey, all papers are submitted to the town planning service.

Important Nuances

In the waiting period for specialists who will carry out inspection and commissioning of the house, it is advisable to contact the Unified State Register to receive a request for restrictions, arrests and easements to the site. Upon receipt, you must carefully check all the data. In case of inaccuracies or errors, you should immediately contact the appropriate official. A must-see is the Committee for Urban Planning and Architecture. This body shall be provided with:

1.   to the site.
2. Extract from the Unified State Register on the absence of restrictions, arrests, easement.
3. Building permit.
4. The layout of objects on the site at the time of treatment.
5. Project.

After receiving all the agreed documents, you must go to the local administration. A statement is written there. After that, you need to go again to the urban planning department. Here you should write the final statement on the commissioning of the facility.

If after checking the submitted papers no shortcomings and errors are found, in a month you can pick up the act. After that, all documents are submitted to the BTI.

Simplified version

The essence of this approach is the simplicity of the preparatory phase. This procedure does not imply construction supervision. There is no need to coordinate a package of papers with different structures. The list of documents for simplified and ordinary commissioning is the same.

The interested person also needs to visit the town planning department in the local administration. All collected documents are handed over to the appropriate employees. They check them, and then make a decision in a month. The application will be satisfied if, in accordance with the documentation, the structure is built and connected to utilities.

To make sure of this, authorities come to the site and examine it. An act drawn up based on the results of the inspection will be enough to put the facility into operation.

Normative base

In accordance with article 48 (paragraph 3) of the Civil Code, for the implementation of construction work or reconstruction activities, there is no need to develop and coordinate a project. Article 54 of the Code provides for cases in which state supervision is not required.

In particular, it is not implemented in relation to objects of individual housing construction. The Town Planning Code, in Article 8 (paragraph 4), establishes the possibility of carrying out a simplified procedure for commissioning a structure. The same rule explains the features of obtaining the necessary documentation. When building a building from scratch, paper is also needed on the site. In the latter should be present characteristics of the allotment.

Conclusion

The process of putting the facility into operation is quite laborious and takes some time. Difficulties may arise at the stage of approval of securities with control services.

To put the house into operation, certificates of compliance with sanitary, construction, and environmental standards will be required. These papers are signed by the civil engineer. Mandatory document is a certificate of compliance with fire regulations.

A simplified procedure saves the interested subject from numerous trips to control organizations. However, in any case, a survey of the structure should be carried out by representatives of the local administration.

Particular attention is paid to the equipment of the building. The house should have water, electricity, sewage, gas (if any) is connected. After entering the house, operation can be carried out in normal mode. In this case, the owner must register the rights to the building. Having received a certificate, the owner can carry out any legal transactions with the construction.

After reconstruction or construction of a new building, a permit should be issued for putting the facility into operation. This standard task is regulated by law.

About commissioning

Permission to put an object into operation is based on Article 55 of the Town Planning Code of the Russian Federation.

It is documented, the content sets out:

• complete construction and (or) installation work;
• compliance with the requirements set forth in the project;
• compliance of the tasks with the Land Code.

To ensure this procedure, the direct contractor contacts the federal or related bodies or the organizational structure where permission is issued for putting the facility into operation.

Important!To issue permits, one should take into account the list of documents being prepared on the basis of Article 55 of the urban planning code.

   The order of putting the facility into operation

Clearance

The act of commissioning an object is security paper, which interprets the completion of work, and the regulation of the moment is set out in the Town Planning Code. All necessary work must be completed in full, as indicated in the documentation. In law, there is the concept of construction in progress. These include buildings with respect to which the work has not been completed, including the right to use for the intended purpose is not legalized, and it is impossible to reflect information in the Federal Registration Service about their functioning.

The certificate for the operation of the building design and estimate documentation is issued after examination by a special commission. Issuance of permission to put an object into operation is the task of the district administration. Therefore, you need to contact the department that issued the building permit.

Documents

Obtaining permission to put an object into operation summarizes the list of securities.

Originally should write a statement, and attach:

1. Securities attesting to the legal right to land.
2. Planning for development with reference to existing structures or buildings, as well as communications.
3. Permits for construction.
4. A document signed by the two parties on the fulfillment of the contract, according to the obligations or the acceptance certificate.
5. Conclusion on the requirements of work regulations or a document proving compliance with existing technical conditions.
6. Conclusion on the conformity of a structure built or which has come under global reconstruction with reference to life support systems.
7. Documentation confirming the right to comply with the erected building technical regulations with the signatures of specialists.
8. A positive conclusion issued by the State Construction Supervision Authority, describing the compliance of the building with the regulatory framework, including its installation of energy metering devices. For a number of constructions the conclusion of Rospotrebnadzor is necessary.
9. If construction work was carried out in relation to a hazardous production site, then certificates of insurance against harm are required.
10. If the constructed structure belongs to the energy structure, then a description and a drawing on an electronic medium must be attached.
11. Papers on the compliance of the constructed PSD facility.

The act takes into account the improvement of residential premises - the availability of water supply, sewer networks, electricity and heating.

Important! A diagram showing the location of a newly constructed facility, a sample of which is easy to find on the Internet, should take into account the existence of functioning power lines, water supply and gas and heat pipelines.

Surrender process

Change is   last stageinspection of structural elements of buildings. Acceptance is carried out in accordance with building codes and is carried out in two stages:

1. Commission created by the customer makes a preliminary inspectionthe whole structure. Appointed by the administrative document for the enterprise, representatives of contracting and subcontracting construction organizations, designers, state supervision and Rostrebnadzor, Rostekhnadzor, trade union committees and other interested structures or organizations are also included here. The purpose of the commission- evaluate the building for compliance with the project, cost based on local estimates, the quality of work done. Based on the results, a conclusion is made about the safe use of equipment and its performance. A prepared act is a permission to put an object into operation, with mandatory signatures of all members of the appointed commission, which is a further basis for the creation of a state commission for acceptance.
2. The final stage of the surrender process carried out by the commissioncreated at the state level. This is approved by the relevant state institution. It consists of: representatives from the customer’s structure, general contractor, representatives of subcontracting and design organizations, state supervision, sanitary and epidemiological supervision, the bank financing the project, technical inspections from trade unions and the trade union from the customer.

A representative from the contracting authority transfers to the state commission after acceptance. Members of the last commission consider the received documents and issue a document, based on the results of which commissioning is being prepared.

Trunking equipment

Documents are required to prove that all life support systems are connected to the building. Communications must go through commissioning and commissioning, and are also fully operational.

List of necessary communications:

1. Water supply - connects directly to the main or nearby main, powered from the central line.
2. Power supply - is connected from passing power lines nearby.
3. The sewer system depends on the terrain, for example, for the city it is centralized, and for rural areas it is autonomous.
4. Heating - this resource is also dependent on the location. Typically, cities use steam heating, while villages, villages and private sectors use stove or gas.

Important!Permission to commission an apartment building or private mansion covers these vital systems.

  Acceptance is carried out in accordance with building codes

Act preparation

Commissioning of a capital construction object or building after reconstruction, while their purpose does not matter (residential or non-residential buildings),   confirmed by the presence of an act.

To prepare a draft document, members of a special commission are involved. Only after a positive conclusion is the paper drawn up signed by the members of the commission. In the case of a negative decision, the building cannot be used for its intended purpose until the defects are rectified.

The form of the act is not defined, therefore it is carried out in any form, by decision of the commission.

The writing form contains the following information:

1. In the upper corner, the word “Approved” is written to the right, then - the number of the order, the date and name of the enterprise or organization. Further in the center is written "ACT No.__", and lower in the center of the word "commissioning after reconstruction or construction".
2. Below on the left side is the name of the customer’s organization, and on the contrary, the OKUD and OKPO forms. The following is filled out in tabular form: date of preparation of the document, codes of operation and construction organization.
3. The full name of the new building and the customer is indicated. The latter fully prescribes the position and initials.
4. The structure of the act lists all available existing documentation, in accordance with which the completed construction is checked by commission.
5. The final part usually contains information about the date and number of the acceptance certificate, including setting up installed instruments and equipment. The second paragraph provides for the content information about the health of life support systems.The third section indicates the costs, quadruple other information. The latter prescribes that the object has been commissioned.

Important!Commissioning of the capital construction object is carried out after the signing of the act by the commission members, and the decision on the possibility of using the constructed building in action is certified by the signature of the direct supervisor - the customer. The date of signing the document is identical to the date the building was used for its intended purpose.

  Commissioning Act

Refusal cases

In accordance with the article, not in all cases the commission gives a positive conclusion on the commissioning.

Refusal to sign an act  based on the following points:

1. The absence of at least one of the listed securities.
2. The erected structure does not comply with the design and estimate documentation and the project for the production of works.
3. Violation of the placement of the building on the territory during the execution of the work.
4. Failure to comply with technical specifications during construction and installation works.
5. Lack of insurance certificates for a hazardous production area from causing harm.

Permissions for putting the facility into operation

ГРК of the Russian Federation Article 55. Issuance of permission to put an object into operation

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.

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. Developers whose names contain the words "specialized builder" can also apply with the specified application using a unified housing information system, unless, in accordance with a regulatory legal act of a constituent entity of the Russian Federation, permission to put an object into operation is issued through other information systems that must be integrated with a single housing information system.

(see text in previous edition)

Consultant Plus: note.

Documents provided for by paragraph 13 of part 3 of article 55 (in the previously valid ed.), 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.

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;

(see text in previous edition)

2) the urban development 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 (with the exception of 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;

(see text in previous edition)

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);

(see text in previous edition)

(see text in previous edition)

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);

(see text in previous edition)

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

(see text in previous edition)

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;

(see text in previous edition)

9) the conclusion of the state construction supervision body (if it is envisaged to carry out state construction supervision in accordance with paragraph 1 of Article 54 of this Code) on the compliance of the constructed, reconstructed capital construction facility with the requirements of design documentation (including design documentation that takes into account changes made to in accordance with parts 3.8 and 3.9 of Article 49 of this Code), including the requirements of energy efficiency and equipment requirements capital construction accounting devices used energy resources, the conclusion authorized to carry out the federal state ecological control of the federal executive body (hereinafter - the federal state environmental supervisory authority) issued in the cases specified in paragraph 7 of Article 54 of this Code;

(see text in previous edition)

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 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;

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";

(see text in previous edition)

(see text in previous edition)

(see text in previous edition)

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.

(see text in previous edition)

3.2. Documents (their copies or information contained in them) referred to in paragraphs 1,, and 9 of part 3 of this article are requested by the bodies referred to in part 2 of this article in state bodies, local authorities and subordinate to state bodies or local authorities organizations that have the indicated documents at their disposal, if the developer has not submitted the specified documents independently.

3.3. The documents referred to in paragraphs 1,,,, 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 to state bodies or bodies 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.

(see text in previous edition)

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.

4. The Government of the Russian Federation may establish, in addition to those provided for in 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 records.

4.1. To obtain permission to put an object into operation, it is permitted to require only the documents specified in parts 3 and this article. Documents provided for in paragraphs 3 and 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 the executive authorities of the constituent entities of the Russian Federation, local authorities) may establish cases in which the direction of the documents referred to in parts 3 and this article and the issuance of permits for commissioning are carried out exclusively in electronic form. The procedure for sending the documents referred to in parts 3 and 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 for State Commissioners authorized to issue permits for commissioning the facility space activities "Roskosmos" in electronic form is established by the Government of the Russian Federation.

(see text in previous edition)

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. In the event that during construction, reconstruction of the capital construction object, state construction supervision is carried out in accordance with part 1 of Article 54 of this Code, inspection of such an object by the body that issued the building permit is not carried out.

(see text in previous edition)

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

(see text in previous edition)

(see text in previous edition)

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;

(see text in previous edition)

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;

(see text in previous edition)

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.

(see text in previous edition)

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.

(see text in previous edition)

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

(see text in previous edition)

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.

(see text in previous edition)

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 government bodies of municipal districts, urban districts, information, documents, materials referred to in paragraphs 3, 9.2, and 12 of part 5 of article 56 of this Code.

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".

(see text in previous edition)

(see text in previous edition)

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".

(see text in previous edition)

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 the networks of engineering and technical support of the capital construction object, other documentation necessary for the operation of such an object to the developer of such an object.

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.

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.

(see text in previous edition)

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.

(see text in previous edition)

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.

Consultant Plus: note.

Obtaining permission to put an object into operation is also not required in cases specified in Art. 16 Federal Law of 08/03/2018 N 340-FZ.

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.

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 - 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, on the method sending the developer the notice provided for in paragraph 5 of part 19 of this article. The notice of completion is accompanied by:

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.

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.

18. The form of 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.

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) checks the conformity 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, planning documentation , 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.

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 at the date of receipt of the notice of completion of construction, unless the specified restrictions are provided for by a 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.  paragraph 1 of this article.

Before the new legislation came into force, the commissioning of the construction site was carried out on the basis of various regulations depending on the type of structure. Since January 1988, SNiP began to operate. They established the order in which commissioning of an industrial facility was carried out. According to previous legislation, the document confirming the readiness of the construction was the act of the State Commission. Today a different order has been approved. Let us further consider how the facility is currently being commissioned.

Resolution

This document today replaces the above acceptance committee act. Permission to put the constructed facility into operation is issued by the executive body at the federal, subject or local level. This document certifies:

• Completion of construction, reconstruction, overhaul of the structure in full. The foundation document is a building permit.
• Conformity of the finished construction to the project and site plan.

Commissioning a new facility: documents

The person carrying out the construction must apply to the executive body with the following papers:

Actions of the authorized body

Before issuing permission to put the facility into operation, the authority shall, within ten days, carry out:

• Verification of the submitted documentation (correct formatting, compliance of the information with reality).
• Inspection of the structure (this measure is not carried out if state supervision is provided).
• Issuance of permission to commission the facility.

However, the authorized body may refuse to satisfy the application. In what cases does this happen?

Reasons for refusal

The authorized body may not issue permission to put the facility into operation if a discrepancy is revealed:

• The capital construction facility established in the building permit requirements.
• The parameters of the construction project.
• Site plan requirements.

The applicant may be refused if, within ten days from the date of receipt of the permit for construction, he did not submit to the authorized body:

• Information about the number of storeys, height, area of \u200b\u200bthe planned building, engineering networks.
• A copy of the results of geodetic surveys.
• Instances:

Planning scheme of the plot, drawn up in accordance with the urban development plan;

Lists of measures to protect nature and ensure fire safety;

Other documents requested by the authority.

If the refusal was caused by not providing any papers, then this violation can be corrected by presenting them.

Taxation

There is an opinion that obtaining permission indicates that work with the structure is completely finished, and it is suitable for intended use. The developer, acting as an investor, draws up the right of ownership, accepts the object for accounting as part of fixed assets. Registration cannot be carried out without permission from an authorized authority. Contribution to fixed assets can be carried out both before registration of the right to property, and after this procedure. However, many developers are interested in the question - is it mandatory to include an object in the OS immediately after permission to enter is obtained?

The investor independently decides whether the construction is ready for use at the stage when the document is issued. However, officials oppose this position. They believe that investors, therefore, delay the moment of paying property tax. Nevertheless, in practice, the readiness of an object for use is determined not by obtaining permission, but by a decision of the management of the enterprise for which the object was built. Insisting on the speedy start of tax payments, officials in this case can in some way lose in quality, having won, undoubtedly, in the rate of receipt of deductions. In case of insufficient readiness of the construction, the developer will pay an incomplete amount based on the law. An organization in this situation can do one of the following:

If the enterprise recognizes the building as an OS immediately at the time of obtaining permission to put the facility into operation, its value on the same date will be considered formed. This is carried out on the basis of paragraph 8 of PBU 6/01.

Commissioning: costs

Costs are not included in the consolidated estimates. Commissioning costs are compiled in a separate document. The cost includes:

Important circumstance

Permission to enter acts as the basis for registration of the structure, amending acts of state accounting. According to the definition of the Constitutional Court, the documentation confirming the readiness of the building does not include provisions governing the registration of property rights. Papers are purely technical in nature and establish the commissioning process.

Controversial moment

It is also necessary to pay attention to the period when, instead of the act of state acceptance, permissions began to be issued. This circumstance is very significant, since the construction of many facilities was carried out before the adoption of the new Code, and they were ready after that. According to Art. 9 of the Federal Law governing the implementation of the Group of Companies, the Code applies to relations relating to reconstruction, construction and design that arose after its approval. Objects started before its introduction are subject to provisions regarding obligations and rights that appeared after its adoption. In other words, since the indicated relations for the construction of the building arose before the GrC was introduced, and the completion of the work and the need to obtain a permit, after that, the reception and launch of the building should be carried out in accordance with the requirements of Article 55 of the GrC.

Permission form

The plan is approved by government decree. The order of the Ministry of Regional Development establishes the procedure for compiling a permit form. The document must contain information about the construction, which is necessary to amend the acts of state accounting (for reconstructed and repaired buildings) or registration. Since when issuing a permit by an authorized body, a conformity check is carried out during the construction of an urban development facility and other rules and regulations, there is no need to present other documents except those included in the list above.