If you are a professional participant in the field of construction, reconstruction, major repairs, demolition, design of buildings and structures, including the construction of highways, hydraulic engineering, facade and other works, there have probably been situations when your customer or general contractor asked you such question: “do you have an SRO?” In this article we will try to figure out how legitimate such a question is and whether membership in an SRO is right for you.

First of all, you need to understand what an SRO is and why you need an SRO at all (we remind you that in this article we are talking mainly about construction SROs). SRO is an abbreviation for self-regulatory organization. A self-regulatory organization is non-profit organization, information about which is included in State Register self-regulatory organizations a certain type, and which is an association of subjects entrepreneurial activity one industry or subjects professional activity of a certain type, which, in fact, are its members with absolutely equal rights and responsibilities.

Thus, SRO is an association legal entities And individual entrepreneurs, employed, for example, in the construction industry, and pursuing common goals. The goals of the SRO in the field of engineering surveys, architectural and construction design, construction are outlined in Article 55.1 of the Town Planning Code Russian Federation and boil down to improving the quality of work performed, preventing harm to life, health and property and acting as a guarantor of the fulfillment of the obligations of its members under contracts and tenders.

To improve the quality and level of safety of the work carried out, the SRO apparatus, through periodic inspections, monitors the compliance of its members with the requirements for equipment, specialists and other indicators (requirements are established by the legal acts of the Russian Federation and local acts of the SRO, mandatory for all its members). And, most importantly, and costly for a member of an SRO - the SRO, with the help of compensation funds, the SRO bears joint liability for the obligations of its members arising as a result of harm, as well as subsidiary liability for the obligations of its members in cases (read more about SRO compensation funds in our article).

Having understood a little what an SRO is, we will find out whether it is necessary for you (a legal entity or an individual entrepreneur). So, you DO NOT need an SRO in the following cases:

1. If the amount of obligations under the contract in which you are a performer does not exceed three million rubles;

2. If you carry out construction and repairs:

• garage, garden house and other buildings on plot of land provided to an individual for purposes not related to business activities;
• individual housing construction projects (for example, a detached residential building no higher than three floors);
• objects that are not capital construction projects (for example, temporary buildings, sheds);
• buildings and structures for auxiliary use (for example, a greenhouse).

3. In a number of cases, if your organization is a state unitary enterprise, municipal unitary enterprise, has authorized capital more than fifty percent of the share of a public legal entity (more like this is described in Part 2.2 of Article 52 of the Town Planning Code);

The issuance of licenses for construction activities was canceled in 2010. However, performing many types construction work impossible without special permission. In accordance with the law, in order to obtain the right to conduct construction activities, you must be a member of a self-regulatory organization of builders (SRO). It is the SRO that resolves all issues of approval for reconstruction, major repairs and other types of work in the construction industry.

Order No. 624 dated December 30, 2009 regulates the list of works for which membership in the SRO is required. True, with a more detailed analysis of the Town Planning Code of the Russian Federation, the classifier of works, as well as the recommendations of the Federal State Institution “Glavgosexpertiza of Russia”, it is possible to identify some types of work, the implementation of which does not require admission, and, accordingly, membership in the SRO.

In what cases is SRO approval not required?

In Art. 51 of the Civil Code of the Russian Federation in paragraphs 1-5 and paragraph 17 list the types of work for which it is not necessary to obtain a construction permit.

SRO approval is not required:

When constructing individual housing construction projects intended for single-family residence, which are detached and have no more than three floors;

For buildings in the form of block residential buildings, with the number of blocks no more than ten. A separate block is designed for single-family residence and has one or more walls that are common to the block of the neighboring house and have no openings. A prerequisite is that the house must be located on a private plot and have access to public territory. Such a facility should have no more than three floors.

In industrial buildings that are capital construction projects and whose total area does not exceed 1,500 square meters,

Such buildings must belong to the type of buildings and structures that do not require the organization of a sanitary protection zone, or similar zones are installed on the territory of the site belonging to this facility. An exception is a capital construction project, which, based on the provisions of Article 48 Part 1 of the Civil Code of the Russian Federation, is recognized as either particularly dangerous, or technically complex, or unique. There should be no more than two floors in such a structure.
It must be borne in mind that Order 624 was met with ambiguity by construction organizations and individual entrepreneurs.

For this reason, by order No. 294 of July 23, 2010, a number of amendments and expanded explanations were made about what types of work do not require permission:

Almost all types of glazing;

Plasterboard finishing;

Plastering and facing works;

Domestic Finishing work(all types);

Earthworks, floors and screeds;

Installation of fences, fences and gates;

Painting works;

Ground work;

Work on landscaping, as well as repair and maintenance of road surfaces;

In addition to all this clearance, SROs do not require:

Production of wooden structures for ready-made foundations of low-rise construction. This provision does not apply to hanging structures, shells of double curvature, as well as membrane coverings;

Work carried out on the internal networks of buildings and structures that are not particularly dangerous or unique. This exception does not apply to work on gas networks;

Roofing, stone, facade work on buildings and structures that are not particularly dangerous or unique;

Geodetic work at construction sites of the above objects;

Protective work on building structures, as well as pipelines and equipment, including work on protective coating with paints and varnishes and thermal insulation of the pipeline. This provision does not apply to main and field pipelines;

You can partially carry out preparation work construction sites for buildings and structures that are not particularly dangerous or unique objects.

Construction work for which SRO approval is required

A construction permit is required when carrying out work on particularly dangerous, technically complex and unique objects, a full list of which is contained in the Town Planning Code of the Russian Federation in Art. 48.1.
As an example, such objects include: aviation and space infrastructure objects, subways, hydraulic structures, seaports, as well as capital construction objects that have a height or span length of more than one hundred meters, etc.

Vitaly Borodkin
senior lawyer

At the same time, many business entities carrying out, in particular, various types of installation, finishing and other work, which in principle can be classified as construction, are still unclear: do they always need to join self-regulatory organizations and obtain a certificate of admission to work? affecting the safety of construction sites?

For reference. According to the National Association of Builders, about 400 SROs are registered in Russia, including 229 in the field of construction. If in 2008 260 thousand licenses were issued, today only 85 thousand have received permission to produce construction and installation works. construction organizations.

In order to clearly answer this question, we first need to highlight the main criteria that must be met to obtain a certificate of admission.

As follows from the analysis of articles 47, 48, 52 and 55.8 of the Town Planning Code of the Russian Federation, an admission certificate is issued in the case of work (engineering surveys, design, construction work) that affects the safety of capital construction projects.

The list of types of work on engineering surveys, on the preparation of design documentation, on construction, reconstruction, major repairs of capital construction projects that affect the safety of capital construction projects (hereinafter referred to as the List), was approved by order of the Ministry of Regional Development of Russia dated December 30, 2009 No. 624 and came into force in force from July 1, 2010.

Let us remind you. The first similar list was approved a year earlier - by order of the Ministry of Regional Development of Russia dated December 9, 2008 No. 274, but from the moment the new one came into force it was declared invalid.

Consequently, the first criterion for the need to obtain a certificate of admission is to carry out work on a capital construction project. It is necessary to understand that not all objects that stand on the ground can be classified as such.

Capital construction projects mean buildings, structures, structures, objects whose construction has not been completed, with the exception of temporary buildings, kiosks, sheds and other similar structures.

IN judicial practice a very definite point of view has emerged on this issue: according to Article 130 of the Civil Code of the Russian Federation, the main criterion for classifying a thing as real estate is its strong connection with the land, in which moving the thing without disproportionate damage to its purpose is impossible.

When creating real estate, title documents in accordance with the norms of land and urban planning legislation include acts on the allocation of a land plot for capital development, a construction permit, an acceptance certificate for a completed facility, certifying the possibility of safe operation of a capital structure.

Thus, in order for a construction project to be considered a capital construction project, it is necessary to comply with the requirements of Article 130 of the Civil Code of the Russian Federation, and also to have at least acts on the allocation of land for capital development and a building permit.

It turns out that if a person is building, for example, a shopping pavilion, but its construction does not require permits and in the future it can be dismantled without disproportionate damage to it, then this person does not need to obtain a certificate of permission to work.

The second criterion, in fact, is indicated in the List - the availability of a construction permit. This criterion follows from the previous one.

The list does not include types of work on the preparation of design documentation, construction, reconstruction, major repairs in relation to objects for which the issuance of a construction permit is not required in accordance with Part 17 of Article 51 of the Civil Code of the Russian Federation, as well as in relation to, for example, individual housing projects construction; residential buildings with no more than 3 floors, consisting of several blocks, the number of which does not exceed 10 and each of which is intended for residence of 1 family (blocked residential buildings).

And the third criterion is the performance of work that is directly provided for by the current List.

In addition, the Russian Ministry of Economic Development provided clarification on the need to join an SRO and obtain a certificate of admission in relation to specific situations.

Thus, it is not required to obtain a certificate of admission if a legal entity or individual entrepreneur carries out routine repairs of buildings and structures. The same applies to the design of private houses and playgrounds, as well as electrical installation work on a finished facility or the absence of work carried out on a facility under construction in the List. At the same time, if a person intends to carry out work on installing a security alarm and video surveillance systems and these works are included in the List and are carried out during the construction of an object or major repairs, during which the structural and other characteristics of the reliability and safety of such objects are affected, the person must have a certificate of permission to perform such work, issued by a self-regulatory organization.

When considering the need for the developer or customer to obtain a certificate of admission to work that affects the safety of capital construction projects, it is necessary to note the following.

Persons performing engineering surveys, design and construction of capital construction projects are the developer or an individual or legal entity engaged on the basis of a contract by the developer or an authorized person (customer) who has a certificate of admission to such types of work.

The person preparing the design documentation has the right to carry out certain types of work on the preparation of design documentation independently, subject to compliance with the requirements provided for in Part 4 of Article 48 of the Civil Code of the Russian Federation, and (or) with the involvement of other persons meeting the specified requirements.

From a systematic analysis of the standards, it follows that if the developer or customer directly carries out work that affects the safety of a capital construction project, they are required to obtain a certificate of admission.

When considering this issue, it is necessary to dwell on the clarification of the Ministry of Regional Development of Russia regarding the receipt of a certificate of admission to work when carrying out construction control, as well as when carrying out work on organizing construction, reconstruction and major repairs.

Thus, developers carrying out construction control work need to obtain a certificate of admission issued by a self-regulatory organization based on the membership of persons carrying out construction 10. If construction control is carried out not by the developer or the customer, but by a third-party organization, then the organization involved must have the appropriate certificate of admission. A person who has the status of a general contractor and carries out the type of work to organize construction, reconstruction and major repairs is required to have a certificate of admission to this type works In the case where a person who has the status of a general contractor has certificates of approval for all types of work that are performed by subcontractors attracted by him, he also needs to have a certificate of approval for the type of work on organizing construction, reconstruction and major repairs. In the event that a person who has the status of a general contractor and a certificate of approval for the type of work on organizing construction, reconstruction and major repairs plans to carry out some types of work that affect the safety of capital construction projects independently, he must have a certificate of approval for these types works

In accordance with the above, the developer may transfer, on a contractual basis, to third-party organizations the functions of carrying out work that affects the safety of capital construction projects, provided that these organizations have the necessary certificate of admission. He also has the right to carry out design and construction work independently, but again if he has a certificate of admission.

At the end of the article, we note that the List still requires improvement. In particular, it seems possible to specify and consolidate in normative act a list of types of work that, due to their content, can only be performed at particularly dangerous and technically complex facilities. Currently, such a list is set out in the letter of the Ministry of Regional Development of Russia dated September 27, 2010 No. 33838-KK/08, which is explanatory in nature.

It is also necessary to eliminate the situation where the same types of work in one case affect the safety of construction sites, but in another they do not. After all, the safety of buildings, structures and structures is determined by completely different criteria than the impact of certain works on the safety of construction projects.

Bulletin of the National Association of Builders, 2010, No. 6, p. 45

Let's look into this issue:

We will describe situations when builders do not need to obtain SRO approval.

Order of the Ministry of Regional Development
Russian Federation dated December 30, 2009 No. 624

SRO approval is not required:

1. IF NO CONSTRUCTION PERMIT IS REQUIRED.

Construction, reconstruction, and major repair works are carried out in relation to objects where issuance of a building permit is not required in accordance with paragraphs 1 - 4, 5 of part 17 of article 51 of the Town Planning Code of the Russian Federation.

If a company carries out construction work on sites for which it is not necessary to obtain a construction permit, then, accordingly, an SRO permit will not be required to perform construction work on these sites.

On what construction sites there is no need to obtain a construction permit and, as a result, no SRO approval is required?

The issuance of a building permit is not required in the following cases:

a) construction of a garage on a land plot provided to an individual for purposes not related to business activities, or construction on a land plot provided for gardening or dacha farming;

b) construction, reconstruction of objects that are not capital construction projects (kiosks, sheds, trailers and others);

c) construction of buildings and structures for auxiliary use on the land plot;

d) changes to capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety and do not exceed the maximum parameters of permitted construction and reconstruction established by urban planning regulations;

e) other cases, if in accordance with the Town Planning Code, the legislation of the constituent entities of the Russian Federation on town planning activities, obtaining a construction permit is not required.

So, if a construction company carries out the above work on sites where it is not necessary to obtain a construction permit, then there is no need to join an SRO and obtain permission to carry out construction work.

2. FOR LOW-RISE CONSTRUCTION:

1. In relation to individual housing construction projects (detached residential buildings with no more than three floors, intended to accommodate no more than two families);

2. In relation to residential buildings with no more than three floors, consisting of several blocks, where their number does not exceed ten and each is intended for one family, has a common wall (common walls) without openings with the adjacent block or adjacent blocks, located on a separate plot of land and has access to public territory (blocked residential buildings);

3. Regarding apartment buildings with a number of floors of no more than three, consisting of one or more block sections, the number of which does not exceed four, each of which contains several apartments and common areas and each of which has a separate entrance with access to the common area.

* However, according to the Town Planning Code of Russia and the classifier of works, objects with a certain coating (roof) are excluded from low-rise construction, which does not require SRO approval:

• in the form of ribbed-ring and ribbed domes,
• shells of double curvature,
• mesh domes,
• membrane coatings,
• hanging structures,
• coverings made of laminated wood elements, including crossbars, arches, frames.

3. FOR SPECIFIC TYPES OF WORK PERFORMED AT CAPITAL CONSTRUCTION FACILITIES, NOT RELATED TO ESPECIALLY DANGEROUS, TECHNICALLY COMPLEX AND UNIQUE

In the list of works approved by Order of the Ministry of Regional Development of the Russian Federation dated December 30, 2009 No. 624 “On approval of the List of types of work for engineering surveys, for the preparation of design documentation, for construction, reconstruction, major repairs of capital construction projects that affect safety capital construction projects", there are types of work with an asterisk at the end of their names <*>.

This icon indicates thatThese types and groups of types of work require obtaining a Certificate of Approval for types of work that affect the safety of a capital construction project, in the event of such work being performed at the facilities specified in Town Planning Code of the Russian Federation

ATTENTION:

However, in some situations, construction companies performing work that does not require SRO approval must join an SRO. This usually applies to companies that have a “picky” customer or participate in tenders. Tender organizers and similar customers in the vast majority of cases establish for participants required condition– membership in an SRO, even if the work is performed at sites that do not require mandatory membership in an SRO. In this case, tender organizers can be understood, since their property interests are more protected when working with construction company member of an SRO than when working with builders who have not joined a self-regulatory organization.

This fact must be taken into account
when deciding on the feasibility

Content:

Currently, the abbreviation “SRO” is becoming increasingly common. Many companies working in the field of construction, engineering and geological surveys, design, energy audits, and transport communications already know what it is and are even members of such organizations. This article provides the maximum available information about who an SRO is, who needs to join it and why, and what functions are assigned to it.

What is SRO

As stated in the law “On Self-Regulatory Organizations”, which came into force in 2010 (No. 315-F3), all individual entrepreneurs, as well as legal entities carrying out the types of activities presented in the list of legislative acts, must unite into certain self-regulatory organizations. The main goals and objectives, requirements for SROs and the procedure for their formation are also spelled out in this law.

Thus, SRO is a non-profit association consisting of a certain amount legal entities, individual entrepreneurs, with similar professional skills and engaged in the same type of activity.

These organizations took over part of government functions relating to control and supervision of work performance. Thus, the state has relieved itself of responsibility regarding quality control of the work performed - now they are exclusively concerned with assessing the finished results.

What does clearance mean?

Admission is a document meaning permission for a legal entity or individual entrepreneur to carry out certain types of activities. Previously, this document was a license issued by government agencies, but now this permit is issued directly to SRO participants. The certificate is valid throughout the Russian Federation, and if the participant leaves the SRO, it is canceled.

Having access allows a company not only to legally perform certain types of work, but also to take part in government tenders. In addition to direct admission, the SRO participant, after paying fees and taking out insurance, receives a certificate.

What functions are assigned to the SRO?

To understand the need for SROs, it is important to know the functions they perform:

• Development and establishment of membership rules. The existence of a self-regulatory partnership is carried out according to the principle “One for all and all for one.” For dishonest performance of work/provision of services, any participant may be expelled. All stages of entrepreneurs’ activities are controlled;
• Disciplinary liability for violation of SRO standards. All complaints received against performers are considered by the participants. If the work is performed poorly, punitive measures are taken;
• Resolution of controversial issues through the creation of arbitration courts;
• Conducting an analysis of reporting provided by partnership participants. An SRO can be compared to a small state - the organization is responsible for maintaining documentation, the quality of work performed and services provided;
• Representing the interests of SRO participants, defending the legality of their actions in the event of questions arising from outside state power;
• Training of participants, advanced training and certification. Before accepting new members, they are carefully screened. If there is the slightest doubt about business abilities, candidates are rejected;
• Controlling the activities of all participants by creating norms and standards that all members of the organization should be guided by.

Rights

The state, shifting part of its functional responsibilities, strives to improve the quality of work performed. But to realize this opportunity, a self-regulatory organization must have certain rights, namely:

• Challenging decisions and acts of government bodies;
• Participation in the creation of federal laws that are directly related to the activities of the organization;
• Offer government agencies developments of your organization;
• Other rights developed by SROs and enshrined in their documents.

Responsibilities

In addition to rights, SROs have a number of responsibilities prescribed in Russian legislation:

• Training and certification of organization members;
• Certification of products produced by SRO members;
• Monitoring the performance of work by all members of the SRO;
• Development of regulatory documentation regulating the activities of the partnership;
• Consideration of all complaints received against SRO participants that entail a violation of both partnership standards and the regulatory legislation of the Russian Federation.

Documentary regulation

Like any other organization, the SRO develops certain regulations on the basis of which its functioning is carried out. Depending on the field of activity, there may be differences in names and quantities, so this article provides generalized names of the papers regulating the work of SROs:

• A document that specifies the requirements for SRO participants that must be met to obtain admission;
• Regulations on monitoring the activities of participants. It is written here who and how exercises control over entrepreneurs;
• A document that states the responsibility of the parties in case of violation of the organization’s standards.

Organization structure

Each self-regulatory organization has its own structure. In most cases, the hierarchy is standard. So, at the head of any SRO is the president, followed by the board, and the main management body is the meeting.

The meeting of SRO members is responsible for electing board members and the president. The president has significant powers, however, all decisions are made by the participants of the meeting. Board elections are held every 2 years. Its members carry out the day-to-day affairs of the organization.

Who joins the SRO?

The legislation on self-regulatory partnerships contains a list of all types of activities that require membership. In summary, this list is presented in the following areas:

• Design;
• Transport;
• Construction;
• Energy audit;
• Engineering and geological surveys.

It follows from this: if a company will provide services for designing structures or conducting survey work, it is necessary to join an SRO - otherwise the activity will be considered illegal.

How to join an SRO?

To become a member of the partnership, you must:

• Select a profile company;
• Submit an application for membership along with a package of documentation;
• Make an entrance fee and contribution to the CF;
• Pay for civil liability insurance;
• Provide documents regarding staffing and their relevant qualifications.

Many people are intimidated by the impressive package of documentation that needs to be completed when joining an SRO. As practice shows, it is better to entrust this matter to specialists, which will save time and nerves.

Reasons for exclusion

There are few reasons for exclusion from SRO, however, they are quite significant:

• Refusal to pay monthly fees;
• Lack of permits to carry out work;
• Damage to third parties.

Benefits of participation

Of course, self-regulatory partnerships place serious demands on their participants, but at the same time, the latter receive a number of undeniable advantages:

• Trust of customers and partners;
• Opportunity to train your specialists in special advanced training programs;
• The SRO defends the interests of its members in the event of litigation and controversial issues;
• In case of incurring losses from third parties, means compensation fund all expenses are covered;
• Information and legal support for SRO members;
• Opportunity to exchange experiences between participants.

SRO in construction

Construction is a field of activity in which you must be a member of an SRO and have permission to carry out work. Such partnerships are often created on the initiative of entrepreneurs; registration is carried out through the tax authorities. The smallest number of SRO participants is 50 private entrepreneurs and legal entities.

Conclusion

By obliging individual entrepreneurs to unite in self-regulatory partnerships, the state planned to significantly improve the quality of services provided, and today we can say that SROs are successfully coping with this task. The development of self-regulatory organizations continues, because all participants are interested in this. Becoming a member of an SRO is quite difficult, but losing your status is easy. Therefore, it is important for participants to maintain their position and authority.