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Conducting engineering surveys for the preparation of project documentation. Project documentation. Main types of research

Article 47

checked today
code dated 07/01/2019
entered into force on 30.12.2004

Art. 47 Town Planning Code in the latest valid version of January 1, 2019.

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 07/01/2017 01/01/2017 03/01/2015 11/25/2014 07/24/2013 11/29/2011 07/25/2008 01/01/2006 12/30/2004

Engineering surveys are carried out for the preparation of design documentation, construction, reconstruction of capital construction projects. Preparation of design documentation, as well as construction, reconstruction of capital construction facilities in accordance with such design documentation are not allowed without the performance of appropriate engineering surveys.

Works under contracts for the performance of engineering surveys concluded with the developer, technical customer or a person who, in accordance with the Land Code of the Russian Federation, has received permission to use land or a land plot owned by state or municipal property for the performance of engineering surveys (hereinafter also referred to as work contracts to perform engineering surveys) should be carried out only by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of engineering surveys, unless otherwise provided by this article. The performance of engineering surveys under such contracts is provided by specialists in the organization of engineering surveys (chief project engineers). Work under contracts for the performance of engineering surveys concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

Membership in self-regulatory organizations in the field of engineering surveys is not required:

Persons performing engineering surveys may be a developer, a person who, in accordance with the Land Code of the Russian Federation, has received permission to use land or a land plot owned by state or municipal property to perform engineering surveys, or an individual entrepreneur or legal entity that has entered into a contract for engineering surveys. The person performing engineering surveys is responsible for the completeness and quality of engineering surveys and their compliance with the requirements of technical regulations. The developer or a person who, in accordance with the Land Code of the Russian Federation, has received permission to use land or a land plot owned by the state or municipal authorities for engineering surveys, has the right to carry out engineering surveys independently, provided that such persons are members of a self-regulatory organization in the field of engineering surveys, or with the involvement of other persons under a contract for the performance of engineering surveys.

Engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction projects are carried out in order to obtain:

1) materials on the natural conditions of the territory where the construction, reconstruction of capital construction facilities will be carried out, and the factors of technogenic impact on the environment, on the forecast of their changes, necessary for the development of decisions regarding such a territory;
2) materials necessary to justify the layout of buildings, structures, structures, making design and space-planning decisions in relation to these buildings, structures, structures, designing the engineering protection of such facilities, developing environmental protection measures, a construction organization project, reconstruction of capital facilities construction;
3) materials necessary for carrying out calculations of the foundations, foundations and structures of buildings, structures, structures, their engineering protection, developing decisions on the implementation of preventive and other necessary measures, excavation, as well as for preparing decisions on issues that arose during the preparation of project documentation , its agreement or approval.

The results of engineering surveys are a document on the completed engineering surveys, containing materials in textual and graphical forms and reflecting information about the tasks of engineering surveys, the location of the territory on which it is planned to carry out construction, reconstruction of a capital construction facility, types, volume, methods and on the timing of work on the implementation of engineering surveys in accordance with the engineering survey program, on the quality of the engineering surveys performed, on the results of a comprehensive study of the natural and man-made conditions of the specified territory, including the results of the study, assessment and forecast of possible changes in the natural and man-made conditions of the specified territory in relation to a capital construction object during construction, reconstruction of such an object and after their completion, and on the results of assessing the impact of construction, reconstruction of such an object on other capital construction objects.

The need to perform certain types of engineering surveys, the composition, scope and method of their implementation are established taking into account the requirements of technical regulations by the engineering survey program developed on the basis of the assignment of the developer or technical customer, depending on the type and purpose of capital construction objects, their design features, technical complexity and potential danger, the stage of architectural and construction design, as well as the complexity of the topographic, engineering-geological, environmental, hydrological, meteorological and climatic conditions of the territory where the construction, reconstruction of capital construction projects will be carried out, the degree of study of these conditions.

Types of engineering surveys, the procedure for their implementation for the preparation of project documentation, construction, reconstruction of capital construction projects, the composition, form of materials and results of engineering surveys, the procedure for their submission for placement in state information systems for urban planning activities are established by the Government of the Russian Federation.

| Article 47

Article 47

1. Engineering surveys are carried out for the preparation of project documentation, construction, reconstruction of capital construction projects. It is not allowed to prepare and implement design documentation without performing appropriate engineering surveys.

In accordance with Decree of the Government of the Russian Federation of November 19, 2008 N 864, the List of types of work on engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities is approved by the Ministry of Regional Development of the Russian Federation.

2. Types of work on engineering surveys that affect the safety of capital construction projects should be performed only by individual entrepreneurs or legal entities that have certificates of admission to such types of work issued by a self-regulatory organization. Other types of engineering survey work can be performed by any natural or legal persons.
(Part two as amended by Federal Law No. 148-FZ of July 22, 2008)
3. The persons performing engineering surveys are the developer or an individual or legal entity engaged on the basis of a contract by the developer or a person authorized by him (hereinafter referred to as the customer) that meets the requirements provided for by part 2 of this article.
4. Engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction facilities are carried out in order to obtain:
1) materials on the natural conditions of the territory where the construction, reconstruction of capital construction facilities will be carried out, and the factors of technogenic impact on the environment, on the forecast of their changes, necessary for the development of decisions regarding such a territory;
2) materials necessary to justify the layout of buildings, structures, structures, making design and space-planning decisions in relation to these buildings, structures, structures, designing the engineering protection of such facilities, developing environmental protection measures, a construction organization project, reconstruction of capital facilities construction;
3) materials necessary for carrying out calculations of the foundations, foundations and structures of buildings, structures, structures, their engineering protection, developing decisions on the implementation of preventive and other necessary measures, excavation, as well as for preparing decisions on issues that arose during the preparation of project documentation , its agreement or approval.
4.1. The results of engineering surveys are a document on the completed engineering surveys, containing materials in text form and in the form of maps (diagrams) and reflecting information about the tasks of engineering surveys, the location of the territory on which it is planned to carry out construction, reconstruction of a capital construction object, types, the scope, methods and timing of engineering surveys in accordance with the engineering survey program, the quality of engineering surveys performed, the results of a comprehensive study of the natural and man-made conditions of the specified territory, including the results of studying, assessing and forecasting possible changes in natural and technogenic conditions of the specified territory in relation to the capital construction object during construction, reconstruction of such an object and after their completion, and on the results of assessing the impact of construction, reconstruction of such an object on other capital construction objects A.
(Part four.1 was introduced by Federal Law No. 210-FZ of December 31, 2005)
5. The need to perform certain types of engineering surveys, the composition, scope and method of their implementation are established, taking into account the requirements of technical regulations, by the engineering survey program developed on the basis of the assignment of the developer or customer, depending on the type and purpose of capital construction objects, their design features, technical complexity and potential danger, the stage of architectural and construction design, as well as the complexity of the topographic, engineering-geological, environmental, hydrological, meteorological and climatic conditions of the territory where the construction, reconstruction of capital construction projects will be carried out, the degree of study of these conditions.
6. Types of engineering surveys, the procedure for their implementation for the preparation of design documentation, construction, reconstruction of capital construction facilities, as well as the composition, form of materials and results of engineering surveys, the procedure for the formation and maintenance of the state fund of materials and engineering survey data, taking into account the needs of information systems for urban planning activities are established by the Government of the Russian Federation.
(as amended by Federal Law No. 210-FZ of December 31, 2005)

1. Architectural and construction design, construction, reconstruction, overhaul of capital construction projects in the city of Moscow are carried out in accordance with the Town Planning Code of the Russian Federation and other federal legislation. The bodies of state power of the city of Moscow carry out, within their powers, state administration and regulation in the field of architectural and construction design, construction, reconstruction, overhaul of capital construction projects in accordance with federal legislation and this Code.

2. Placement and construction, erection, arrangement of objects of improvement of the territory specified in part 5 of article 11 of this Code are carried out in accordance with this Code and other regulatory legal acts of the city of Moscow.

Article 46

Engineering surveys for the preparation of design documentation, construction, reconstruction of capital construction facilities (hereinafter referred to as engineering surveys), the formation and maintenance of the state fund of materials and engineering survey data, taking into account the needs of information systems for urban planning activities, are carried out in accordance with federal legislation.

Article 47. Architectural and construction design

1. Preparation of project documentation for capital construction projects is carried out in the manner prescribed by federal law.

2. The procedure for the preparation of project documentation, carried out on the basis of the city state order, is established by the Moscow Government in accordance with federal law.

3. The procedure for determining technical conditions and providing information about them, determining connection fees, connecting capital construction facilities to engineering and technical support networks are established by the Government of Moscow, if they are not established by the Government of the Russian Federation.

4. Preparation of project documentation is carried out in accordance with the town-planning plan of the land plot. In the case when, in accordance with the urban planning plan of the land plot, this land plot is intended for the construction of a complex, a group of buildings, structures, structures, project documentation must contain a comprehensive functional and planning, architectural, landscape and engineering solution for development, improvement, transport services and engineering support such land, including:

1) architectural and compositional solution of development, including the location, purpose, parameters and architectural solutions of buildings, structures, structures;

2) location and parameters of driveways, surface parking lots, common areas, public spaces;

3) location and parameters of engineering communications;

4) organization of improvement and gardening of the territory;

5) vertical planning and organization of the relief of the territory;

6) organization of work on construction, engineering support, landscaping.

5. As part of the project documentation, design solutions and measures should be defined that ensure a favorable state of the living environment in the surrounding territories during the preparatory period of construction, during the main period of construction, reconstruction, overhaul of capital construction facilities, during the period of landscaping work after completion of construction , including those providing:

1) safety of the population, territory, buildings and structures;

2) environmental protection, compliance with sanitary standards, protection of green spaces;

3) unimpeded access of the population (including the disabled) to social, transport and engineering infrastructure facilities, to common areas, to residential buildings, public, administrative, business and industrial buildings;

4) uninterrupted transport service and engineering support of the territory;

5) proper landscaping and appearance of the territory;

6) fulfillment of other requirements for a favorable state of the living environment established by federal legislation, this Code, other laws and other regulatory legal acts of the city of Moscow, including regional regulations.

Article 48 Non-state expertise of project documentation and non-state expertise of engineering survey results

1. State expertise of project documentation and engineering survey results is carried out in accordance with the procedure established by the Town Planning Code of the Russian Federation, legal acts of the Government of the Russian Federation. The procedure for organizing the state examination of project documentation and engineering survey results is established by legal acts of the Moscow Government in accordance with federal legislation.

2. The body authorized to conduct state expertise shall exercise powers in the field of organizing and conducting state expertise of project documentation and engineering survey results transferred by the Russian Federation to the state authorities of the city of Moscow in accordance with the Town Planning Code of the Russian Federation.

3. The result of the state examination of project documentation, which is carried out by the body authorized to conduct state examination, or a state institution subordinate to it, is a conclusion on the compliance (positive opinion) or non-compliance (negative opinion) of this project with the town-planning plan of the land plot, the requirements of technical regulations, in including sanitary and epidemiological, environmental requirements, and the results of engineering surveys, as well as the requirements of the legislation of the city of Moscow, including in the field of protection and use of natural and green areas, protection of green spaces, the requirements of regional regulations, including in terms of ensuring accessibility and adaptability for the needs of disabled people of objects of social, engineering, transport infrastructure, common areas, residential, public, administrative and industrial buildings, as well as in terms of providing a favorable environment for life activities in the construction, reconstruction, overhaul of capital construction projects.

4. Conducting a state examination of project documentation is mandatory in cases established by federal legislation, in cases of construction, reconstruction, overhaul of capital construction facilities in areas of integrated improvement in residential, public and business areas that are not subject to reorganization, in specially protected natural areas, natural and green areas, in zones of protection of cultural heritage sites and historical zones, in other cases when during the construction, reconstruction, overhaul of capital construction facilities, human rights to a favorable living environment, other rights and legitimate interests of individuals, as well as legal entities, may be violated .

5. Non-state examination of project documentation and non-state examination of the results of engineering surveys are carried out in cases and in the manner established by federal law.

Article 49

1. A building permit in accordance with the Town Planning Code of the Russian Federation is a document giving the developer the right to build, reconstruct, overhaul a capital construction object.

2. The presence of a construction permit is mandatory in cases established by federal legislation, as well as in cases of construction, reconstruction, overhaul of capital construction facilities in areas of comprehensive improvement in residential, public and business areas that are not subject to reorganization, in specially protected natural areas, natural and green areas, in zones of protection of cultural heritage objects and historical zones, in other cases when during the construction, reconstruction, overhaul of capital construction objects, human rights to a favorable living environment, other rights and legitimate interests of individuals, as well as legal persons.

3. The issuance of building permits is carried out in accordance with the Town Planning Code of the Russian Federation in terms of the form of a building permit, the list of documents submitted for obtaining a building permit, the terms and procedure for considering applications for the issuance of building permits, the validity period of building permits, grounds for refusal to issue building permits, other requirements of federal law.

4. A construction permit is issued by the executive authority of the city of Moscow authorized to issue construction permits, with the exception of permits for the construction of capital construction projects, which, in accordance with the Town Planning Code of the Russian Federation, are issued by the authorized federal executive authority.

5. In cases established by federal legislation, the procedure for issuing construction permits by the authorized executive body of the city of Moscow is established by the Government of Moscow.

6. Information on the issuance of building permits within 10 days after the issuance of a building permit is subject to official publication in the manner established for the publication of official information of the territorial executive authorities of the city of Moscow, placement on the official websites of the territorial executive authorities of the city of Moscow on the Internet .

7. Obtaining a building permit is not required:

1) for placement of objects of improvement of the territory;

2) to perform work on the reconstruction, overhaul of utilities and road network facilities that do not require the preparation of project documentation;

3) to perform work on changing capital construction objects and (or) their parts, if such changes do not affect the design and other characteristics of their reliability and safety, do not violate the rights of third parties and do not exceed the limit parameters of permitted construction, reconstruction, established by the urban planning plans of the relevant land plots.

8. Types, parameters and characteristics of objects of improvement of the territory, the procedure for obtaining permits for the placement of such objects, as well as the types of work specified in clauses 2 and 3 of part 7 of this article, for the performance of which a construction permit is not required, and the procedure for performing such work shall be established The Government of Moscow in accordance with federal legislation, this Code and other laws of the city of Moscow.

9. Persons carrying out the placement of the facilities specified in clause 1 of part 7 of this article, performing the work specified in clauses 2 and 3 of part 7 of this article:

1) must comply with:

a) safety requirements established by technical regulations and other federal legislation;

b) the requirements contained in the town-planning plans of the respective land plots;

c) the requirements of regional standards regarding the improvement of the territory and the provision of a favorable environment for life, including during the period of work;

d) the procedure for obtaining permits for the placement of objects and the performance of work and the procedure for the placement of objects and the performance of work established by the Moscow Government;

2) bear responsibility in accordance with the law for violation of the requirements specified in paragraph 1 of this part, including administrative responsibility for violation of the requirements specified in subparagraphs "b", "c" and "d" of paragraph 1 of this part, which is established by the Code city of Moscow on administrative offenses.

Article 50

1. Construction, reconstruction, overhaul of capital construction facilities are regulated by the Town Planning Code of the Russian Federation, other regulatory legal acts of the Russian Federation, this Code, as well as legal acts of the Government of Moscow that comply with federal legislation and this Code.

2. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction facilities in accordance with the Town Planning Code of the Russian Federation. The procedure for conducting construction control is established by the Government of Moscow, unless such procedure is established by regulatory legal acts of the Russian Federation.

3. State construction supervision in the city of Moscow is carried out in accordance with the requirements of the Town Planning Code of the Russian Federation by the executive authority of the city of Moscow authorized to exercise state construction supervision, in the manner established by the Government of the Russian Federation, except in cases established by federal legislation, when state construction supervision is carried out authorized federal executive body.

4. On the territories surrounding the construction site, in accordance with the procedure established by the Government of Moscow, control over compliance with the requirements for ensuring a favorable living environment, including the safety of buildings and structures, compliance with environmental safety and environmental protection requirements, the state of landscaping and green spaces in the implementation of construction, reconstruction, overhaul of capital construction projects.

5. Persons guilty of violating the requirements for ensuring a favorable living environment during construction, reconstruction, overhaul of capital construction projects shall bear administrative responsibility in accordance with the Code of the City of Moscow on Administrative Offenses.

6. Not later than 10 days before the start of the preparatory stage of construction, including demolition, dismantling of existing buildings, structures, the developer is obliged to place on the border of the construction site an information stand accessible for viewing from the surrounding territory, containing:

1) information about the developer of the project, about the planned construction and its terms, including a graphic representation of the planned facility and a diagram of the territory surrounding the construction site, which displays the land improvement measures planned for the construction period;

2) information on a building permit;

3) information about the developer (customer) and the executor (contractor) of construction works;

4) addresses and contact numbers of the executive authority of the city of Moscow, authorized to carry out state construction supervision, executive authorities of the city of Moscow, exercising control over the condition of the territories surrounding the construction site.

7. A copy of the urban planning plan of the land plot, other urban planning documentation, sections of project documentation to be published in the information system of urban planning activities, construction permits, are presented by the performer (contractor) of work at the request of authorized officials of state control bodies, the relevant local government, a deputy of the Moscow City Duma from the respective constituency, other interested parties.

8. The commissioning of a capital construction facility is carried out on the basis of a permit for putting the facility into operation, which is issued to the developer by the executive authority of the city of Moscow that issued the permit for the construction of this facility. A permit to put an object into operation is issued in accordance with the Town Planning Code of the Russian Federation in the manner established by the Moscow Government. The decision to refuse to issue a permit to put an object into operation is taken in cases established by the Town Planning Code of the Russian Federation.

9. An object of capital construction, location, parameters, the architectural solution of which does not meet the requirements of the town-planning plan of the land plot, project documentation, may be recognized as an unauthorized construction in accordance with the Civil Code of the Russian Federation.

Chapter 1. (Articles 1-10)
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
Chapter 2. (Articles 11-18)
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
Chapter 3. (Articles 19-22)
- Article 19
- Article 20
- Article 21
- Article 22
Chapter 4. (Articles 23-27)
- Article 23
- Article 24
- Article 25
- Article 26
- Article 27
Chapter 5. (Articles 28-30)
- Article 28
- Article 29
- Article 30
Chapter 6. (Articles 31-33)
- Article 31
- Article 32
- Article 33
Chapter 7. (Articles 34-37)
- Article 34
- Article 35
- Article 36
- Article 37
Chapter 8. (Articles 38-44)
- Article 38
- Article 39
- Article 40
- Article 41
- Article 42
- Article 43
- Article 44
Chapter 9. (Articles 45-50)
- Article 45
- Article 46
- Article 47
- Article 48
- Article 49
- Article 50
Chapter 10. (Articles 51-57)
- Article 51
- Article 52
- Article 53
- Article 54
- Article 55
- Article 56
- Article 57
Chapter 11. (Articles 58-65)
- Article 58
- Article 59
- Article 60
- Article 61
- Article 62
- Article 63
- Article 64
- Article 65
Chapter 12. ((Articles 71-74)
- Article 71
- Article 72
- Article 73
- Article 74
Chapter 14. (Article 75)
- Article 75
Chapter 15. (Articles 76-78)
- Article 76
- Article 77
- Article 78

New edition Art. 47 GK RF

1. Engineering surveys are carried out for the preparation of project documentation, construction, reconstruction of capital construction projects. Preparation of design documentation, as well as construction, reconstruction of capital construction facilities in accordance with such design documentation are not allowed without the performance of appropriate engineering surveys.

2. Work under contracts for the performance of engineering surveys concluded with a developer, technical customer or a person who has received, in accordance with the Land Code of the Russian Federation, permission to use land or a land plot owned by state or municipal property to perform engineering surveys (hereinafter also - contracts for the performance of engineering surveys) must be performed only by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of engineering surveys, unless otherwise provided by this article. The performance of engineering surveys under such contracts is provided by specialists in the organization of engineering surveys (chief project engineers). Work under contracts for the performance of engineering surveys concluded with other persons may be performed by individual entrepreneurs or legal entities that are not members of such self-regulatory organizations.

2.1. Membership in self-regulatory organizations in the field of engineering surveys is not required:

1) state and municipal unitary enterprises, including state and municipal state-owned enterprises, state and municipal institutions in the event that they conclude contracts for engineering surveys with federal executive authorities, state corporations exercising legal regulation in the relevant area, bodies state authorities of the constituent entities of the Russian Federation, local government bodies in charge of such enterprises, institutions, or if such enterprises, institutions perform the functions of a technical customer on behalf of the indicated federal executive authorities, state corporations, state authorities of the constituent entities of the Russian Federation, local authorities self-government;

2) commercial organizations, in the authorized (share) capitals of which the share of state and municipal unitary enterprises, state and municipal autonomous institutions is more than fifty percent, in the event that such commercial organizations conclude contracts for engineering surveys with the specified enterprises, institutions, as well as with federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local governments, which are provided for in paragraph 1 of this part and which are in charge of the specified enterprises, institutions, or if such commercial organizations perform the functions of a technical customer on behalf of these enterprises, institutions, federal executive bodies, state corporations, state authorities of the constituent entities of the Russian Federation, local governments;

3) legal entities established by public law entities (with the exception of legal entities provided for in paragraph 1 of this part), in the event that these legal entities conclude contracts for work on engineering surveys in established areas of activity (in areas for the purpose of carrying out activities in which such legal entities), as well as commercial organizations, in the authorized (share) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude contracts for engineering surveys with the specified legal entities or if such commercial organizations perform the functions technical customer on behalf of the specified legal entities;

4) legal entities, in the authorized (share) capitals of which the share of public legal entities is more than fifty percent, in the event that these legal entities conclude contracts for engineering surveys with federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments , in the established areas of activity of which these legal entities carry out statutory activities, or in the event that these legal entities perform the functions of a technical customer on behalf of these federal executive authorities, state authorities of the constituent entities of the Russian Federation, local governments, as well as commercial organizations, in statutory ( joint) capitals of which the share of these legal entities is more than fifty percent, in the event that such commercial organizations conclude contracts for engineering surveys with the specified federal executive authorities, public authorities of the constituent entities of the Russian Federation, local authorities, legal entities, or in the event that such commercial organizations perform the functions of a technical customer on behalf of the indicated federal executive authorities, public authorities of the constituent entities of the Russian Federation, local authorities, legal entities.

3. Persons performing engineering surveys may be a developer, a person who, in accordance with the Land Code of the Russian Federation, has received permission to use lands or a land plot owned by state or municipal property to perform engineering surveys, or an individual entrepreneur or legal entity that has entered into contract for engineering surveys. The person performing engineering surveys is responsible for the completeness and quality of engineering surveys and their compliance with the requirements of technical regulations. The developer or a person who, in accordance with the Land Code of the Russian Federation, has received permission to use land or a land plot owned by the state or municipal authorities for engineering surveys, has the right to carry out engineering surveys independently, provided that such persons are members of a self-regulatory organization in the field of engineering surveys, or with the involvement of other persons under a contract for the performance of engineering surveys.

4. Engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction facilities are carried out in order to obtain:

1) materials on the natural conditions of the territory where the construction, reconstruction of capital construction facilities will be carried out, and the factors of technogenic impact on the environment, on the forecast of their changes, necessary for the development of decisions regarding such a territory;

2) materials necessary to justify the layout of buildings, structures, structures, making design and space-planning decisions in relation to these buildings, structures, structures, designing the engineering protection of such facilities, developing environmental protection measures, a construction organization project, reconstruction of capital facilities construction;

3) materials necessary for carrying out calculations of the foundations, foundations and structures of buildings, structures, structures, their engineering protection, developing decisions on the implementation of preventive and other necessary measures, excavation, as well as for preparing decisions on issues that arose during the preparation of project documentation , its agreement or approval.

4.1. The results of engineering surveys are a document on the completed engineering surveys, containing materials in textual and graphical forms and reflecting information about the tasks of engineering surveys, the location of the territory on which it is planned to carry out construction, reconstruction of a capital construction facility, types, volume, methods and on the timing of work on the implementation of engineering surveys in accordance with the engineering survey program, on the quality of the engineering surveys performed, on the results of a comprehensive study of the natural and man-made conditions of the specified territory, including the results of the study, assessment and forecast of possible changes in the natural and man-made conditions of the specified territory in relation to a capital construction object during construction, reconstruction of such an object and after their completion, and on the results of assessing the impact of construction, reconstruction of such an object on other capital construction objects.

4.2. If the design documentation of a capital construction facility is subject to examination in accordance with Article 49 of this Code, the preparation of the results of engineering surveys is carried out in the form of electronic documents, the requirements for the format of which are established by the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of construction, architecture, urban planning, except for cases in which the results of engineering surveys contain information constituting a state secret. In cases where the developer or technical customer ensures the formation and maintenance of the information model, the results of engineering surveys are prepared in a form that allows them to be used in the formation and maintenance of the information model.

5. The need to perform certain types of engineering surveys, the composition, scope and method of their implementation are established taking into account the requirements of technical regulations by the engineering survey program developed on the basis of the assignment of the developer or technical customer, depending on the type and purpose of capital construction objects, their design features, technical complexity and potential danger, the stage of architectural and construction design, as well as the complexity of the topographic, engineering-geological, environmental, hydrological, meteorological and climatic conditions of the territory where the construction, reconstruction of capital construction projects will be carried out, the degree of study of these conditions.

6. Types of engineering surveys, the procedure for their implementation for the preparation of design documentation, construction, reconstruction of capital construction projects, the composition, form of materials and results of engineering surveys, the procedure for their submission for placement in state information systems for urban planning activities are established by the Government of the Russian Federation.

Commentary on Article 47 of the Civil Code of the Russian Federation

1. Part 1 of the commented article establishes the inadmissibility of the preparation and implementation of design documentation without performing engineering surveys.

Engineering surveys - study of natural conditions and factors of technogenic impact for the purpose of rational and safe use of territories and land plots within them, preparation of data on the substantiation of materials necessary for territorial planning, territory planning and architectural and construction design.

Currently, there are building codes and rules SNiP 11-02-96 "Engineering surveys for construction. Basic provisions", approved by the Decree of the Ministry of Construction of the Russian Federation of October 29, 1996 for N 18-77.

Building codes and regulations establish general provisions and requirements for the organization and procedure for conducting engineering surveys (engineering geodetic, engineering geological, engineering hydrometeorological and environmental engineering, surveys of ground building materials and water supply sources based on groundwater) to substantiate pre-project documentation, design and construction of new, expansion, reconstruction and technical re-equipment of existing enterprises, buildings and structures for all types of construction and engineering protection of territories, as well as engineering surveys carried out during the construction, operation and liquidation of facilities.

Engineering surveys for construction are a type of construction activity that provides a comprehensive study of the natural and man-made conditions of the territory (region, district, site, section, route) of construction objects, the preparation of forecasts for the interaction of these objects with the environment, the rationale for their engineering protection and safe living conditions for the population.

On the basis of engineering survey materials for construction, pre-project documentation is developed, including urban planning documentation and justifications for investments in construction, projects and working documentation for the construction of enterprises, buildings and structures, including expansion, reconstruction, technical re-equipment, operation and liquidation of objects, maintenance of state cadastres and information systems of settlements, as well as recommendations for making economically, technically, socially and environmentally sound design decisions.

The basis for performing engineering surveys is an agreement (contract) between the customer and the contractor of engineering surveys with its integral annexes: terms of reference, work schedule, cost calculation and, if the customer requires it, the engineering survey program, as well as additional agreements to the contract when changing the composition, terms and conditions of performance of works.

The terms of reference for the performance of engineering surveys for construction are drawn up by the customer, as a rule, with the participation of the engineering survey contractor. The terms of reference are signed by the management of the organization (customer) and certified with a seal.

The terms of reference for the performance of engineering surveys can be issued both for the entire complex of engineering surveys, and separately for the types of engineering surveys and design stages.

The terms of reference for the performance of engineering surveys for construction, as a rule, should contain the following information and data:

Object name;

type of construction (new construction, reconstruction, expansion, technical re-equipment, conservation, liquidation);

information about the staging (stage of work), the timing of design and construction;

characteristics of designed and reconstructed enterprises (geotechnical categories of objects), levels of responsibility of buildings and structures;

a description of the expected impacts of construction objects on the natural environment, indicating the limits of these impacts in space and time and the impacts of the environment on the object in accordance with the established requirements;

the necessary initial data to justify measures for the rational use of natural resources and the protection of the natural environment, ensuring the sustainability of the designed buildings and structures and safe living conditions for the population;

information and data on the objects being designed, measures for the engineering protection of territories, buildings and structures in accordance with the established requirements, on the need for sanitation of the territory;

goals and types of engineering surveys;

a list of regulatory documents, in accordance with the requirements of which it is necessary to carry out engineering surveys, including territorial building codes of the constituent entities of the Russian Federation;

data on the location and boundaries of the site (s) and (or) construction route (s);

information about previously performed engineering surveys and studies, data on complications observed in the area of the construction site (on the site, route) during the construction and operation of structures (deformations and emergency situations);

additional requirements for the production of certain types of engineering surveys, including industry specifics of the structure being designed;

requirements for accuracy, reliability, reliability and availability of the necessary data and characteristics for engineering surveys for construction;

requirements for the preparation and content of a forecast of changes in natural and man-made conditions;

information on the need to perform research in the process of engineering surveys;

requirements for hazard and risk assessment from natural and techno-natural processes;

requirements for the composition, timing, procedure and form of presentation of survey products to the customer;

the requirement to draw up and submit, as part of the contractual (contract) documentation, an engineering survey program for approval to the customer;

name and location of the customer's organization, surname, initials and telephone (fax) number of its responsible representative.

The terms of reference must be accompanied by graphic and text documents necessary for the organization and conduct of engineering surveys at the appropriate stage (stage) of design:

copies of available topographic maps, engineering and topographic plans, situational plans (schemes) indicating the boundaries of the sites, sections and directions of routes, master plans (schemes) with the contours of the designed buildings and structures, cartograms, copies of decisions of the local government on preliminary approval of the location of the sites (piste) or the act of choosing a site (piste) for construction, a copy of the decision of the executive authority of the constituent entity of the Russian Federation or local self-government on the provision of land for exploration and research, copies of contracts with land owners (land users) and other necessary materials.

The requirements for the completeness, reliability, accuracy and quality of reporting materials provided for in the terms of reference can be specified by the engineering survey contractor when drawing up the work program and in the process of performing survey work in agreement with the customer.

In the terms of reference it is not allowed to establish the composition and scope of survey work, the methodology and technology for their implementation.

The engineering survey program is an internal document of the engineering survey contractor.

In the absence of the customer's requirement to include the engineering survey program in the agreement (contract), it is allowed to draw up an order for the production of engineering surveys instead of the program.

In the event that complex natural and man-made conditions are identified during the engineering survey (due to insufficient knowledge of the territory of the construction site at the previous stages of work and design stages), which may have an adverse effect on the construction and operation of structures and the environment, the engineering survey contractor must supply the customer to be aware of the need for additional study and amendments and additions to the engineering survey program and to the agreement (contract) in terms of increasing the duration and (or) cost of engineering surveys.

Upon completion of engineering surveys for construction, land plots must be brought into a condition suitable for their intended use.

Engineering surveys for construction in order to substantiate pre-project documentation should provide a comprehensive study of the natural and man-made conditions of the region (region, site, route), forecasting a possible change in these conditions when interacting with construction projects.

Engineering surveys for the preparation of justifications for investments in the construction of enterprises, buildings and structures in accordance with the established procedure should ensure, as a result of the completed complex of field and office work, obtaining the necessary and sufficient materials (data) on the natural and man-made conditions of the intended options for the location of the construction object to justify the choice sites (routes), determining the basic cost of construction, making fundamental space-planning and design decisions for the largest and most complex buildings and structures and their engineering protection, drawing up layouts for the placement of construction objects (situational and master plans), assessing the impact of the construction object on the environment .

The results of the survey work and research performed may be submitted for the preparation of a technical report in the form of data obtained from automated recording devices, electronic devices, satellite equipment or other information carriers.

The technical report must be submitted to the customer, as well as transferred in the prescribed manner in accordance with the agreement (contract) with the preservation of authorship to the territorial funds of engineering survey materials of the executive authorities of the constituent entities of the Russian Federation or local government and other funds.

Survey products for construction, created in the course of performing official duties or assignments by the performers of engineering surveys and presented in the form of technical reports, are subject to copyright in accordance with the legislation of the Russian Federation, unless other conditions are provided for by the agreement (contract).

Engineering-geological surveys should provide a comprehensive study of the engineering-geological conditions of the area (site, section, route) of the projected construction, including relief, geological structure, geomorphological and hydrogeological conditions, composition, condition and properties of soils, geological and engineering-geological processes, changing conditions developed (built-up) territories, making a forecast of possible changes in engineering and geological conditions in the field of interaction of designed objects with the geological environment in order to obtain the necessary and sufficient materials for the design, construction and operation of objects.

The procedure for conducting engineering surveys is also regulated by SP 11-102-97 "Engineering and environmental surveys for construction"; SP 11-103-97 "Engineering and hydrometeorological surveys for construction"; SP 11-104-97 "Engineering and geodetic surveys for construction"; SP 11-105-97 "Engineering and geological surveys for construction", etc.

2. Parts 2 and 3 of the commented Article 47 of the Civil Code of the Russian Federation establish requirements for persons performing engineering surveys. Individuals and legal entities performing engineering surveys must comply with the requirements of the legislation of the Russian Federation in the field of engineering surveys.

Order No. 93 of March 9, 2004 of the Gosstroy of the Russian Federation approved the Requirements for the content of additional vocational training programs for the advanced training of employees of a legal entity and individual entrepreneurs engaged in design, construction and engineering surveys for the construction of buildings and structures.

The main task of professional development of specialists is to increase the professional knowledge of specialists and workers in the construction industry, improve their business qualities, prepare specialists to solve new problems that they face in a constantly changing business environment, satisfy their needs in obtaining knowledge about the latest achievements in relevant fields of science. and technology, advanced domestic and foreign experience.

As a result of advanced training, students in the Programs "Design of buildings and structures", "Construction of buildings and structures" and "Engineering surveys for construction" should receive basic knowledge on:

legislative, regulatory legal and normative-technical documents in construction;

licensing activities for design, construction and engineering surveys for the construction of buildings and structures;

improvement of market relations in construction;

legal bases of investment activity in construction;

basic requirements for the procedure for the development and content of design documentation for the construction of buildings and structures, its examination, coordination and approval;

designing buildings and structures, taking into account the latest achievements of science and technology, advanced domestic and foreign experience, the use of new building structures and materials, modern technological equipment, including designing in complex engineering and geological conditions of the construction site, as well as designing high-rise buildings and structures;

implementation of the functions of the general designer;

examination of the technical condition of buildings and structures;

assessment of the decisions of the customer and the design organization on the optimality of the decisions made in the implementation of construction;

performance of construction and installation works in difficult conditions (cramped construction sites);

construction of multifunctional high-rise buildings and complexes;

assessing the possibility of performing the entire range of construction and installation works, complex engineering surveys in accordance with the requirements of SNiP, state standards and technical regulations within the time limits established by the contract;

modern methods of organization and effective science-intensive technologies of building production;

estimated rationing and pricing;

ecology in construction;

certification in construction;

quality control of the development of project documentation;

advanced training of specialists;

organization of engineering surveys for construction and their composition, examination, formation of funds;

modern technologies and requirements for organizing the implementation of various types of engineering surveys;

production of engineering surveys in areas with difficult engineering and geological conditions;

information and material and technical base of design, production of engineering surveys;

labor protection and compliance with safety regulations in construction;

professional liability insurance.

In order to increase the efficiency of urban planning, architectural and survey work for the successful implementation of federal and regional housing construction and territorial development programs and the creation of a system of basic territorial design (survey) organizations, the Gosstroy of the Russian Federation issued Order No. 63 dated September 28, 1999. This Order approved the Methodological recommendations on holding a tender for a basic territorial design (survey) organization in the field of construction, architecture and urban planning and Regulations on the accreditation of these organizations.

When choosing a base territorial organization, the following conditions must be met as mandatory:

registration as a legal entity;

the organization must be located on the territory of the subject of the Russian Federation that announced the competition;

duration of work in the market of project products - at least 5 years;

the availability of a fund of the necessary regulatory documentation, its condition, maintenance and updating, as well as information support of the territory on the nomenclature of existing regulatory documents;

the orientation of the main professional activity of the organization is the experience of performing design (survey) work for construction, developing planning documentation, project proposals for regional programs, its participation in the development of regulatory legal acts of the constituent entity of the Russian Federation and local governments;

the presence of specialists on the staff of the organization with at least 5 years of work experience that meets the profile of the base organization; the presence of a license for architectural activity among the specialists of the institute, other certificates of high qualification;

human resources, including employees with academic degrees (Ph.D., D.Sc.);

quality of work performance (taken into account according to the assessment of the examination bodies, while the return of projects (reports) for revision to the organization must be less than the average level of return in the region for the last 3 years);

availability of licenses to carry out activities in accordance with the functions of the territorial base organization;

material and technical support - the availability of the necessary production facilities, special equipment, office equipment, the state of information, technical and archival bases;

the main economic indicators - indicators characterizing the financial activity of the organization, are established by the organizers of the competition.

The person performing engineering surveys may be the developer himself or a person involved in engineering surveys on the basis of a contract that meets the requirements stipulated by law.

3. Part 4 of the commented article establishes the goals of engineering surveys.

4. Federal Law of December 31, 2005 N 210-FZ "On Amendments to the Town Planning Code of the Russian Federation" clause 4.1 was added to the commented article, which determines what should be included in the document on the completed engineering surveys.

5. Part 5 of the commented article determines the need to perform certain types of engineering surveys in accordance with the task of the developer or customer, depending on the requirements for the designation of capital construction objects and the territory on which construction will be carried out.

6. Part 6 of the commented article determines that the requirements for activities in the field of engineering surveys are established by the Government of the Russian Federation.

The regulation on licensing activities for engineering surveys for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard was approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174.

On January 19, 2006, the Government of the Russian Federation adopted Decree N 20 "On engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction projects."

This Decree approved the List of types of engineering surveys and the Regulations on the implementation of engineering surveys for the preparation of design documentation, construction, reconstruction, overhaul of capital construction projects.

The main types of engineering surveys include:

1. Engineering and geodetic surveys;

2. Engineering and geological surveys;

3. Engineering and hydrometeorological surveys;

4. Engineering and environmental surveys;

5. Engineering and geotechnical surveys.

Special types of engineering surveys include:

1. Geotechnical research;

2. Surveys of the state of soils of the foundations of buildings and structures, their building structures;

3. Search and exploration of groundwater for water supply purposes;

4. Local monitoring of environmental components;

5. Exploration of ground building materials;

6. Local surveys of soil and groundwater pollution.

The regulation on the performance of engineering surveys for the preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities establishes the procedure for performing engineering surveys to study natural conditions and factors of anthropogenic impact for the rational and safe use of territories and land plots located on them, preparation of data for justification materials necessary for territorial planning, territory planning, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, as well as for the formation of a state fund of materials and engineering survey data and information systems for urban planning.

The executive authorities of the constituent entities of the Russian Federation may develop and approve, in agreement with the Ministry of Regional Development of the Russian Federation, the procedure for performing engineering surveys for the preparation of project documentation, construction, reconstruction, overhaul of capital construction facilities on the territory of the corresponding constituent entity of the Russian Federation, taking into account these Regulations.

Engineering surveys are carried out in accordance with the requirements of technical regulations, as well as taking into account the materials and data of engineering surveys, which are stored in the state fund of materials and data of engineering surveys, as well as in information systems for supporting urban planning activities.

Prior to the entry into force of the specified regulatory documents in the prescribed manner, when performing engineering surveys, the requirements of the legislation of the Russian Federation, regulatory technical documents of federal executive authorities (mandatory requirements of current building codes and regulations) must be observed to the extent that does not contradict the Federal Law "On Technical Regulation" and Town-planning code of the Russian Federation.

Engineering surveys and (or) some of their types can be carried out by individuals or legal entities that comply with the requirements of the legislation of the Russian Federation for persons performing engineering surveys (performers).

The basis for the performance of engineering surveys is an agreement concluded in accordance with the civil legislation of the Russian Federation between the customer (developer) and the contractor, to which the terms of reference and the program for the implementation of engineering surveys are attached.

The customer (developer) and the contractor determine the scope of work carried out in the course of engineering surveys of both basic and special types, their scope and method of implementation, taking into account the specifics of the respective territories and land plots located on them, the conditions for transferring the results of engineering surveys, as well as other conditions determined in accordance with the civil legislation of the Russian Federation.

Requirements for the composition and execution of the task and the program for the implementation of engineering surveys are established by the Ministry of Regional Development of the Russian Federation.

When performing engineering surveys, the Contractor is obliged to use measuring instruments that have passed metrological verification (calibration) or certification in accordance with the legislation of the Russian Federation.

Materials and results of engineering surveys are drawn up in the form of reporting documentation on the performance of engineering surveys, consisting of text and graphic parts, as well as annexes to it (in text, graphic, digital and other forms).

The composition of the textual and graphical parts of the specified documentation, as well as annexes to it, is established by the Ministry of Regional Development of the Russian Federation.

The results of engineering surveys are used, among other things, to form the state fund of materials and data from engineering surveys and information systems for urban planning.

Another commentary on Art. 47 of the Town Planning Code of the Russian Federation

Introduction of the chapter "Architectural and construction design, construction, reconstruction of capital construction objects", which regulates in detail the entire process of construction, reconstruction, overhaul of buildings, structures, structures: from the stage of engineering surveys for the preparation of project documentation and ending with the issuance of permission to enter the object into operation, is a novelty of GrK. Despite the fact that the GK of 1998 included the design, construction, and reconstruction of real estate objects in the concept of urban planning, however, it practically did not regulate these issues.

The regulation of these issues was carried out by numerous subordinate regulatory legal acts, as well as regulatory legal acts of the constituent entities of the Russian Federation. In practice, this situation created certain difficulties for persons directly engaged in construction activities, since in different constituent entities of the Russian Federation specific features were established for the implementation of construction activities on the territory of the respective subject, which made it difficult for new companies to enter the construction market in various regions, hindered the development of competition in the field of construction, primarily housing, and as a result, did not contribute to lower housing prices. Since the GK was adopted in a package of laws aimed at creating an affordable housing market, one of the goals of the adoption of the GK was to reduce administrative barriers, including the establishment of uniform rules for the implementation of construction activities.

The commented article 47 of the Town Planning Code of Russia regulates issues related to the implementation of engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction projects.

Engineering surveys for the preparation of design documentation for construction, reconstruction are a type of construction activity that provides a comprehensive study of natural conditions and man-made impact factors for the rational and safe use of territories and land plots within them, the preparation of data on the justification of materials necessary for architectural and construction design , making forecasts for the interaction of capital construction objects with the environment, substantiating their engineering protection and safe living conditions for the population.

On the basis of engineering survey materials, pre-project documentation is developed, including the justification of investments in construction, projects and working documentation for the construction of buildings and structures, including expansion, reconstruction, technical re-equipment, operation and liquidation of facilities, as well as recommendations for the adoption of economically, technically, socially and environmentally sound design solutions.

It should be noted that fixing at the legislative level the need to perform engineering surveys for construction is also a novelty of the GRC. The GRC stipulates that it is also necessary to base on the results of engineering surveys when preparing territorial planning documents. However, this article regulates issues related only to the performance of engineering surveys for construction. This is primarily due to the fact that in each case, for the preparation of project documentation, it is necessary to carry out engineering surveys, regardless of the availability of engineering survey materials in special funds. Such a requirement is connected with the need to ensure safety during the subsequent operation of the capital construction object, which can be achieved only if each building, structure, structure is erected or reconstructed, taking into account all the features of the soil, geological, hydrometeorological and other factors. The materials contained in special funds, as a rule, are used only to verify the reliability of the results of engineering surveys.

Part 1 of the commented article 47 establishes the cases when it is necessary to carry out engineering surveys. Thus, the implementation of engineering surveys should precede the preparation of project documentation, the construction and reconstruction of capital construction projects. At the same time, it should be noted that the GK does not provide for the need to perform engineering surveys for the preparation of project documentation in the event of a major overhaul of the facility, as well as in the case of the construction of facilities that are not capital construction facilities.

Part 2 of the commented article establishes the circle of persons who can perform engineering surveys. Such persons can be both the developer himself and an individual or legal entity attracted by him (or his authorized person - the customer) on a contractual basis.

An analysis of the circle of persons who can perform engineering surveys (, part 3 of the commented article) allows us to conclude that engineering surveys for the preparation of project documentation for construction and reconstruction can only be carried out if there is a properly executed right to a land plot. At the same time, the circle of persons indicated in part 3 of the commented article is not exhaustive. So, based on the meaning of Article 38.1 of the Land Code of the Russian Federation * (77), engineering surveys for construction can also be carried out by decision of executive authorities or local governments to determine the limiting parameters of permitted construction on a specific land plot in order to put such a land plot on auction for housing construction.

At the same time, the above persons can perform engineering surveys only if they comply with the requirements of the legislation of the Russian Federation for persons engaged in such activities (part 3 of the commented article).

In accordance with Part 1 of Article 17 of the Federal Law of August 8, 2001 N 128-FZ "On Licensing Certain Types of Activities" * (78), engineering surveys for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard are subject to licensing .

The levels of responsibility of buildings and structures are established in accordance with GOST 27751-88 "Reliability of building structures and foundations. Basic provisions for calculation" with the changes approved by the resolution of the State Committee of the Russian Federation on Architecture and Construction of December 21, 1993 N 18-54.

To take into account the responsibility of buildings and structures, characterized by the economic, social and environmental consequences of their failures, three levels are established: I - increased, II - normal, III - reduced.

An increased level of responsibility should be taken for buildings and structures whose failures can lead to severe economic, social and environmental consequences (tanks for oil and oil products with a capacity of 10,000 m m and more, as well as unique buildings and structures).

The normal level of responsibility should be taken for buildings and structures of mass construction (residential, public, industrial, agricultural buildings and structures).

A reduced level of responsibility should be accepted for a seasonal or auxiliary construction (greenhouses, greenhouses, summer pavilions, small warehouses and similar structures).

In accordance with the Rules for Accounting for the Degree of Responsibility of Buildings and Structures in the Design of Structures, approved. By the Decree of the USSR State Construction Committee of March 19, 1981 N 41, the degree of responsibility of buildings and structures is determined by the amount of material and social damage that is possible when structures reach their limit states. Buildings and structures of responsibility class I include the main buildings and structures of objects of special economic and (or) social importance, such as: the main buildings of thermal power plants, nuclear power plants, buildings of theaters, cinemas, circuses, covered markets, educational institutions, preschool institutions , hospitals, etc.; buildings and structures of responsibility class II include buildings and structures of objects of great national economic and (or) social importance (industrial, agricultural, housing and civil purposes, etc.), buildings and structures of responsibility class III include buildings and structures of objects, having limited national economic and (or) social significance, such as warehouses without sorting and packaging processes for storing agricultural products, greenhouses, one-story residential buildings, etc.

Engineering surveys for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard include engineering and geodesic, engineering and geological, engineering and hydrometeorological and engineering and environmental surveys, soil investigation of the foundations of buildings and structures, surveys of soil construction materials, surveys of water supply sources based on groundwater, geodetic, geological, hydrogeological, geophysical, hydrological and cadastral works performed in the process of construction, operation, liquidation of buildings and structures. The procedure for licensing engineering survey activities is established by the Regulations on licensing engineering survey activities for the construction of buildings and structures of I and II levels of responsibility in accordance with the state standard approved by Decree of the Government of the Russian Federation of March 21, 2002 N 174 (as amended by the Decree of the Government of the Russian Federation dated 03.10.2002 N 731) * (79).

The license is issued to legal entities regardless of the organizational and legal form and individual entrepreneurs for 5 years. However, at the request of a person, a license may be issued for a shorter period. This provision also establishes licensing requirements and conditions:

1) the legal entity has at least 50 percent of the headcount of managers and specialists with higher professional education and work experience in the field of engineering surveys for construction for at least 5 years;

the presence of an individual entrepreneur of higher or secondary vocational education and work experience in the field of engineering surveys for construction for at least 5 years;

2) the licensee has buildings, premises, equipment and inventory belonging to him on the right of ownership or on another legal basis, necessary for the implementation of the licensed activity;

3) improving at least once every 5 years the qualifications of an individual entrepreneur and employees of a legal entity carrying out engineering surveys for construction * (80);

4) availability of a system for monitoring the quality of work performed and metrological maintenance of instruments and measuring instruments;

5) performance of engineering surveys for construction in accordance with the requirements of the legislation of the Russian Federation, relevant state standards and regulatory and technical documents in construction;

6) gratuitous transfer of one copy of copies of engineering survey materials for construction to the relevant archives and funds of architecture and urban planning bodies. At present, the formation and maintenance of the state fund of integrated engineering surveys for construction is carried out by the Federal Agency for Construction, Housing and Communal Services (clause 5.3.3 of the Regulations on the Federal Agency for Construction and Housing and Communal Services, approved by Decree of the Government of the Russian Federation of 06.16.2004 Mr. N 286*(81)).

The decision to issue or refuse to issue a license is made within a period not exceeding 60 days from the date of receipt of an application for a license with all necessary documents attached. Currently, the licensing of construction activities is carried out by the Federal Agency for Construction and Housing and Communal Services * (82).

Currently, there is a discussion on the issue of abolishing the licensing of engineering surveys. Two main points of view can be distinguished. According to the first position, the institution of licensing should be abolished from January 1, 2007, since the state has other mechanisms to ensure the quality of construction activities: this is the examination of project documentation, state construction supervision, liability for violations of the law when performing engineering surveys, design and construction. Proponents of the second point of view oppose the abolition of licensing before the adoption of technical regulations, since the existence of numerous building codes and regulations, often containing conflicting norms, cannot ensure the real safety of the structures being built.

As a rule, in most cases, engineering surveys are carried out by a specialized organization engaged by the developer (the person authorized by him - the customer) on a contractual basis. At the same time, the relationship between the developer (customer) and the person involved on a contractual basis is regulated by civil law (Articles 758-762 of the Civil Code of the Russian Federation "Contract for the performance of design and survey work"). An integral part of the contract is the task of the developer (customer) and the engineering survey program developed on its basis. This provision is a novelty, because before the adoption of the GRK, the engineering survey program was prepared only if there was a customer's request.

The content of the contract for the performance of engineering surveys and annexes to it are regulated in detail by the provisions of SNiP 11-02-96 "Engineering surveys for construction. Basic provisions" (adopted by the Decree of the Ministry of Construction of the Russian Federation of October 29, 1996 N 18-77). It should be noted that these rules and regulations should also be applied only in the part that does not contradict the GRK.

The assignment for the performance of engineering surveys can be issued both for the entire complex of engineering surveys, and separately for the types of engineering surveys and stages of architectural and construction design. The task can be either issued by the developer (customer) himself or, on his behalf, prepared by a person engaged on a contractual basis to perform engineering surveys. The assignment for the performance of engineering surveys, as a rule, should contain the following information and data: name of the object; type of activity (construction or reconstruction); information about the staging (stage of work), the timing of design and construction; characteristics of designed and reconstructed enterprises (geotechnical categories of objects), levels of responsibility of buildings and structures; a description of the expected impacts of construction projects on the natural environment, indicating the limits of these impacts in space and time and the impacts of the environment on the object; the necessary initial data to justify measures for the rational use of natural resources and the protection of the natural environment, ensuring the sustainability of the designed buildings and structures and safe living conditions for the population; information and data on the designed objects, measures for the engineering protection of territories, buildings and structures in accordance with the requirements of SNiP 2.01.15-90 and SNiP 2.06.15-85, on the need for sanitation of the territory; goals and types of engineering surveys; a list of regulatory documents, in accordance with the requirements of which it is necessary to carry out engineering surveys; data on the location and boundaries of the site (s) and (or) construction route (s); information about previously performed engineering surveys and studies, data on complications observed in the area of the construction site (on the site, route) during the construction and operation of structures (deformations and emergency situations); additional requirements for the production of certain types of engineering surveys, including industry specifics of the structure being designed; requirements for accuracy, reliability, reliability and availability of the necessary data and characteristics for engineering surveys for construction; requirements for the preparation and content of a forecast of changes in natural and man-made conditions; information on the need to perform research in the process of engineering surveys; requirements for hazard and risk assessment from natural and techno-natural processes; requirements for the composition, timing, procedure and form of presentation of survey products to the customer, etc. The task is not allowed to establish the composition and scope of survey work, the methodology and technology for their implementation (clause 4.13 of SNiP 11-02-96).

The engineering survey program is an internal document of the person carrying out the engineering survey.

The engineering survey program must fully comply with the customer's assignment and contain its requirements accepted for implementation by the engineering survey contractor, including: goals and objectives of engineering surveys; a description of the degree of study of the natural conditions of the territory based on materials from previously performed engineering surveys and other archival data, as well as an assessment of the possibility of using these materials and data; a brief description of the natural and man-made conditions of the area that affect the organization and production of engineering surveys; substantiation, if necessary, of expanding the boundaries of the territory for conducting engineering surveys, taking into account the scope of interaction of the designed objects with the natural environment, the categories of complexity of natural and man-made conditions, as well as the necessary detail of survey work, the composition, scope, methods and technology of engineering surveys (taking into account the customer's requirements for their quality), places (points) for the production of certain types of survey work (research) and the sequence of their implementation; justification for the use of modern non-standardized technologies (methods) for the production of engineering surveys for construction in various natural and man-made conditions; justification for establishing the characteristics and parameters of individual components of the natural environment and the processes occurring in it on the territory and within the zone of expected impact (for objects classified as environmentally hazardous types of economic activity, and, if necessary, for other objects); measures to ensure safe working conditions, health protection, sanitary-hygienic and energy-informational well-being of workers, taking into account natural and man-made conditions and the nature of the work performed; measures for the protection of the environment and the exclusion of its pollution and the prevention of damage in the course of engineering surveys; requirements for the organization and production of survey work (composition, scope, methods, technology, sequence, place and time of production of certain types of work), control over the quality of work; list and composition of reporting materials, deadlines for their submission; substantiation of the need to perform research work in engineering surveys for the design of large and unique objects or in difficult natural and man-made conditions; information on metrological support.

Part 5 of the commented Article 47 of the Civil Code of the Russian Federation establishes the requirements for the performance of engineering surveys. Thus, the need to perform certain types of engineering surveys depends, in particular, on the type and purpose of capital construction objects, their design features, technical complexity and potential danger, the stage of architectural and construction design, as well as on the complexity of the conditions of the territory where construction, reconstruction, etc. .

Part 6 of the commented article provides that the types of engineering surveys, the procedure for their implementation for the preparation of design documentation, construction, reconstruction of capital construction facilities, as well as the composition and form of engineering survey materials, the procedure for the formation and maintenance of the state fund of materials and engineering survey data are established by the Government of the Russian Federation . Currently, these issues are not regulated by the Government of the Russian Federation. In addition, the need to perform certain types of engineering surveys, the composition, scope and methods of their implementation should be established taking into account the requirements of technical regulations that have not been adopted to date. In this regard, when performing engineering surveys, up to the adoption of a resolution of the Government of the Russian Federation on these issues and technical regulations, one should be guided by building codes and regulations (SNiP) and state standards (GOST) adopted before the Federal Law of December 27, 2002 came into force N 184-FZ "On technical regulation" * (83).

As an example of such documents, one can name SNiP 22-01-95 "Geophysics of natural hazards", approved. Decree of the Ministry of Construction of Russia dated November 27, 1995 N 18-100; VSN 34 72.111-92 "Engineering surveys for the design of thermal power plants", approved. Decree of the Ministry of Fuel and Energy of the Russian Federation of July 13, 1992 N 84a; VSN 51.2-84 "Engineering surveys on the continental shelf; GOST 21.302-96" SPDS. Conditional graphic designations in the documentation on engineering and geological surveys", etc.

When performing engineering surveys, first of all, one should be guided by the indicated SNiP 11-02-96 "Engineering surveys for construction. Basic provisions" (adopted by the Decree of the Ministry of Construction of the Russian Federation of October 29, 1996 N 18-77). These building codes and rules contain general provisions and requirements for the organization and procedure for conducting engineering surveys to justify pre-project documentation, design and construction of new, expansion, reconstruction and technical re-equipment of existing enterprises, buildings and structures for all types of construction and engineering protection of territories, as well as to engineering surveys carried out during the construction, operation and liquidation of facilities, and are mandatory. At the same time, it should be noted that these SNiPs are applied only to the extent that they do not contradict the Federal Law "On Technical Regulation" and the Civil Code. So, for example, SNiP contain a reference to the territorial and regional building codes of the constituent entities of the Russian Federation. This is due to the fact that earlier legislation provided for the possibility of using, along with federal norms and rules, also regulatory legal acts of the constituent entities of the Russian Federation. However, based on the meaning of the articles of the commented chapter of the GDC, when performing engineering surveys, when preparing design documentation and during construction, one can only be guided by the standards adopted at the federal level.

The structure of engineering surveys includes the following main types: engineering and geodetic, engineering and geological, engineering and hydrometeorological, engineering and environmental surveys, surveys of ground building materials and water supply sources based on groundwater. Engineering surveys for construction also include: geotechnical control; survey of soils of the bases of the foundations of buildings and structures; assessment of danger and risk from natural and techno-natural processes; substantiation of measures for engineering protection of territories; local monitoring of environmental components; geodetic, geological, hydrogeological, hydrological, cadastral and other related works and studies (observations) in the process of construction, operation and liquidation of facilities; scientific research in the process of engineering surveys for the construction of enterprises, buildings and structures; author's supervision over the use of survey products in the construction process as part of a commission (working group); engineering services for organizing and conducting engineering surveys.

Thus, engineering-geological surveys should provide a comprehensive study of the engineering-geological conditions of the area (site, section, route) of the projected construction, including relief, geological structure, geomorphological and hydrogeological conditions, composition, condition and properties of soils, geological and engineering-geological processes, changing the conditions of the developed (built-up) territories, making a forecast of possible changes in engineering and geological conditions in the field of interaction of the designed objects with the geological environment in order to obtain the necessary and sufficient materials for the design, construction and operation of objects. When developing engineering and geological surveys, one should also be guided by SP 11-105-97 "Engineering and geological surveys for construction", SNiP 2.06.15-85 "Engineering protection against flooding", SNiP 2.02.01-83 "Foundations of buildings and structures" ( with amended N 1, approved by Decree of the USSR Gosstroy of 09.12.85 N 211), SNiP 2.02.03-85 "Pile foundations", approved. Decree of the USSR Gosstroy of December 20, 1985 N 243 (as amended by BST 3/87), SNiP 2.02.04-88 "Foundations and foundations on permafrost soils", approved. Decree of the USSR State Construction Committee of December 27, 1988 N 252, RSN 55-85 "Engineering surveys for construction. Geotechnical surveys on planting soils", approved. Decree of the USSR State Construction Committee of December 23, 1985 N 85, RSN 31-83 "Standards for the production of engineering and geological surveys for construction on permafrost soils", approved. Decree of the Gosstroy of the USSR dated 10.05.83 N 31, etc.

Engineering and geodetic surveys for construction should provide topographic and geodetic materials and data on the situation and terrain (including the bottom of watercourses, reservoirs and water areas), existing buildings and structures (ground, underground and aboveground), planning elements (in digital, graphic, photographic and other forms) necessary for a comprehensive assessment of the natural and man-made conditions of the construction area and justification for the design, construction and operation of facilities. When performing engineering and geodetic surveys, in addition to SNiP 11-02-96, one should also be guided by SP 11-104-97 "Engineering and geodetic surveys for construction", approved. letter of Gosstroy dated 14.10.97 N 9-4 / 116, SNiP 3.01.03-84 "Geodetic work in construction", approved. Decree of the USSR State Construction Committee of 04.02.85 N 15, SNiP 2.01.09-91 "Buildings and structures in undermined territories and subsidence soils", approved. Decree of the USSR Gosstroy of 04.09.91 N 2, GOST 24846-81 "Soils. Methods for measuring deformations of the foundations of buildings and structures", approved. Resolution of the State Standard of 17.06.81 N 96, GOST 25100-95 "Soils. Classification", GOST 22268-76 "Geodesy. Terms and definitions", approved. Decree of the State Standard of December 21, 1976 N 2791, etc., as well as regulatory and technical documents of the Federal Service for Geodesy and Cartography of Russia, regulating the production of geodetic and cartographic works of federal purpose.

Engineering and meteorological surveys should provide a comprehensive study of the hydrometeorological conditions of the territory (area, site, section, route) of construction and a forecast of possible changes in these conditions as a result of interaction with the projected object in order to obtain the necessary and sufficient materials and data for making sound design decisions. Engineering and hydrometeorological surveys should be carried out to solve the following tasks: determine the possibility of meeting the demand for water and organizing various types of water use; selection of locations for the construction site (route) and its engineering protection from adverse hydrometeorological impacts; development of a general plan of the territory (city, township); the choice of structures of structures, the determination of their main parameters and the organization of construction; determining the operating conditions of structures; assessment of the impact of construction projects on the surrounding water and air environment and the development of environmental measures. When performing engineering and hydrometeorological surveys, it is also necessary to be guided by SP 11-103-97 "Engineering and hydrometeorological surveys for construction", approved. letter of the Gosstroy of Russia dated 10.07.97 N 9-1-1 / 69, SNiP 2.01.01-83 "Construction climatology and geophysics", RSN 76-90 "Engineering surveys for construction. Technical requirements for the production of hydrometeorological works", approved. Decree of the USSR Gosstroy of 21.06.90 N 51, VSN 34.3-89 "Engineering and hydrometeorological surveys for hydraulic engineering construction", etc., as well as regulatory documents of Roshydromet, production and industry (departmental) regulatory documents and standards in the field of nature protection and improvement of use natural resources.

Surveys of soil building materials should provide the necessary and sufficient data on their sources, quantity, quality and mining and geological conditions for the design and organization of temporary quarries for the extraction of soil materials that are not local building materials and intended for the construction of earthworks (fill, alluvial dams , dams, roads, etc.) and other planned construction projects.

Engineering and environmental surveys are carried out for the environmental justification of construction and other economic activities in order to prevent, reduce or eliminate adverse environmental and related social, economic and other consequences and maintain optimal living conditions for the population. Engineering and environmental surveys should provide: a comprehensive study of the natural and man-made conditions of the territory, its economic use and the social sphere; assessment of the current ecological state of individual components of the natural environment and ecosystems as a whole, their resistance to technogenic impacts and their ability to recover; development of a forecast of possible changes in natural (natural-technical) systems during the construction, operation and liquidation of the facility; environmental hazard and risk assessment; development of recommendations for the prevention of harmful and undesirable environmental consequences of engineering and economic activities and the rationale for environmental protection and compensation measures to preserve, restore and improve the environmental situation; development of measures to preserve the socio-economic, historical, cultural, ethnic and other interests of the local population; development of recommendations and (or) a program for organizing and conducting local environmental monitoring corresponding to the stages (stages) of pre-project and design work. When performing engineering and environmental surveys, one should be guided not only by the indicated SNiP 11-02-96, but also by SP 11-102-97 "Engineering and environmental surveys for construction", approved. letter of Gosstroy of Russia dated 10.07.97 N 9-1-1 / 69, GOST 17.1.1.04-80 "Nature protection. Hydrosphere. Classification of groundwater according to the purposes of water use", approved. Decree of the State Standard of the USSR of 31.03.80 N 1452, GOST 17.1.3.06-82 "Nature protection. Hydrosphere. General requirements for the protection of groundwater", approved. Decree of the State Standard of the USSR of 03.25.82 N 1244, GOST 17.4.3.04-85 "Protection of the nature of the soil. General requirements for the control and protection of pollution", approved. Decree of the State Standard of the USSR dated December 17, 1985 N 4046, etc., as well as the requirements of environmental and sanitary legislation of the Russian Federation, decrees of the Government of the Russian Federation in the field of environmental protection, state standards and departmental environmental and sanitary norms and rules.

The tasks of engineering and environmental surveys to substantiate design documentation are: adjusting the conclusions on the assessment of the impact of the facility on the environment during its construction and operation, as well as in case of possible burst and emergency emissions (discharges) of pollutants; obtaining initial data for design, as well as additional information necessary for the development of the "Environmental Protection" section in projects for the construction of facilities. Special types of work and research that are part of engineering and environmental surveys, such as socio-economic, biomedical, sanitary and epidemiological and others, non-traditional for engineering surveys, should be carried out with the involvement of specialized organizations and relevant specialists.

It should be noted that engineering and environmental surveys should be continued, if necessary, during the construction, operation and liquidation of facilities through the organization of environmental monitoring to control the state of the natural environment, the effectiveness of protective and environmental measures and the dynamics of the environmental situation.

Surveys of water supply sources based on groundwater should be carried out as part of engineering surveys for construction in order to obtain the necessary and sufficient data for the design and construction of groundwater intakes with an insignificant need (up to 1000 m3 / day) for household and drinking water (livestock farms, horticultural associations, bakeries, etc.), if the existing centralized water supply cannot provide the required water demand or its use is not feasible according to feasibility studies. With significant demand and in difficult hydrogeological conditions, exploration work should, as a rule, be carried out with the calculation and approval of operational groundwater reserves in accordance with the requirements of regulatory documents of the Ministry of Natural Resources of the Russian Federation.

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Article 47

checked today
code dated 07/01/2019
entered into force on 30.12.2004

Art. 47 Town Planning Code in the latest valid version of January 1, 2019.

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 07/01/2017 01/01/2017 03/01/2015 11/25/2014 07/24/2013 11/29/2011 07/25/2008 01/01/2006 12/30/2004

Membership in self-regulatory organizations in the field of engineering surveys is not required:

Engineering surveys for the preparation of project documentation, construction, reconstruction of capital construction projects are carried out in order to obtain:

1) materials on the natural conditions of the territory where the construction, reconstruction of capital construction facilities will be carried out, and the factors of technogenic impact on the environment, on the forecast of their changes, necessary for the development of decisions regarding such a territory;
2) materials necessary to justify the layout of buildings, structures, structures, making design and space-planning decisions in relation to these buildings, structures, structures, designing the engineering protection of such facilities, developing environmental protection measures, a construction organization project, reconstruction of capital facilities construction;
3) materials necessary for carrying out calculations of the foundations, foundations and structures of buildings, structures, structures, their engineering protection, developing decisions on the implementation of preventive and other necessary measures, excavation, as well as for preparing decisions on issues that arose during the preparation of project documentation , its agreement or approval.