Article 53 of the town planning code of the Russian Federation construction control.

1. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction objects in order to verify the compliance of the work performed project documentation(including solutions and measures aimed at ensuring compliance with the requirements of energy efficiency and the requirements for equipping a capital construction facility with metering devices for the energy resources used), requirements technical regulations, results engineering surveys, requirements for construction, reconstruction of a capital construction facility established on the date of issue of an urban planning plan submitted for obtaining a construction permit land plot, as well as the permitted use of the land plot and restrictions established in accordance with land and other legislation Russian Federation.

2. Construction control is carried out by the person carrying out the construction. In the case of construction, reconstruction, overhaul on the basis of a contract construction contract construction control is also carried out by the developer, technical customer, the person responsible for the operation of the building, structure, or regional operator, or attracted by them on the basis of an agreement individual entrepreneur or legal entity... The developer or technical customer, on his own initiative, may involve the person preparing the design documentation to check the compliance of the work performed with the design documentation.

2.1. With respect to individual capital construction projects, construction, reconstruction of which is planned to be carried out in whole or in part at the expense of funds federal budget, The Government of the Russian Federation, in the cases established by it, makes a decision on the conduct of construction control by the federal executive body in charge of the development and implementation of public policy and legal regulation in the field of construction, architecture, urban planning, or a state (budgetary or autonomous) institution subordinate to the said body.

3. The person carrying out the construction is obliged to notify the state construction supervision authorities about each case of emergencies at the capital construction facility.

4. In the process of construction, reconstruction, overhaul of a capital construction object by a person who carries out construction (a person carrying out the construction and a developer, a technical customer, a person responsible for the operation of a building, structure, or a regional operator in the case of construction, reconstruction, overhaul on the basis of a construction contract), control over the performance of work that affects the safety of the capital construction object and in accordance with the technology of construction, reconstruction, overhaul should be carried out, control over the implementation of which cannot be carried out after the completion of other work, as well as over safety building structures and sections of engineering and technical support networks, if the elimination of deficiencies identified in the course of construction control is impossible without disassembling or damaging other building structures and sections of engineering support networks, for the compliance of these works, structures and network sections with the requirements of technical regulations and project documentation. Before monitoring the safety of building structures, control over the implementation of all work that affects the safety of such structures and in accordance with the technology of construction, reconstruction, major repairs, control over the implementation of which cannot be carried out after other work, as well as in cases provided by the design documentation, the requirements of technical regulations, tests of such structures should be carried out. Based on the results of monitoring the performance of these works, the safety of these structures, sections of engineering and technical support networks, certificates of inspection of these works, structures, sections of engineering networks are drawn up.

5. If, based on the results of the control, the shortcomings of the works, structures, sections of engineering and technical support networks specified in part 4 of this article, the developer or technical customer may require monitoring of the performance of these works, the safety of these structures, sections of the engineering and technical support networks again after elimination of the identified deficiencies. Inspection certificates for such works, structures, sections of engineering and technical support networks should be drawn up only after the identified deficiencies have been eliminated.

6. In cases where the performance of other works specified in part 4 of this Article must be started more than six months after the end of the relevant control, control over the performance of works that affect the safety of the capital construction object and in accordance with the construction technology, reconstruction, overhaul, control over the implementation of which cannot be carried out after the completion of other work, as well as over the safety of building structures and sections of engineering support networks, if the elimination of deficiencies identified in the process of construction control is impossible without disassembling or damaging other building structures and sections networks of engineering and technical support, should be repeated with the preparation of the relevant acts.

7. Comments of the developer, technical customer, the person responsible for the operation of the building, structure, or the regional operator, attracted by them for the construction control of the persons preparing the project documentation, on the shortcomings in the performance of work during construction, reconstruction, overhaul capital construction projects must be formalized in writing. An act on the elimination of the indicated deficiencies is drawn up, which is signed by the person who submitted comments on the indicated deficiencies and the person carrying out the construction.

7.1. After the completion of construction, reconstruction of the capital construction object, an act is signed confirming the compliance of the parameters of the correspondingly built, reconstructed capital construction facility with the requirements of the project documentation (including decisions and measures aimed at ensuring compliance with the energy efficiency requirements and the requirements for equipping the capital construction facility with metering devices for the energy resources used ), the person carrying out the construction (the person carrying out the construction, and the developer or technical customer in the case of construction, reconstruction on the basis of a construction contract, as well as the person exercising construction control, in the case of construction control on the basis of the contract), except for cases implementation of construction, reconstruction of objects of individual housing construction, garden houses.

8. The procedure for construction control is established by the Government of the Russian Federation.

Commentary on Art. 53 Civil Code of the Russian Federation

1. Along with the issuance of a building permit, which is a form of preventive control over the quality of construction, there is also constant control over the construction process itself. The commented article regulates in sufficient detail the issues related to the implementation of control during construction, reconstruction, overhaul over compliance with the compliance of the work performed with the design documentation, the requirements of technical regulations, the results of engineering surveys, the requirements of the urban planning plan of the land plot (respectively, if the design documentation was developed on the basis of the architectural and planning assignment, then the requirements of the architectural and planning assignment).

According to Art. 46 Federal law dated December 27, 2002 N 184-FZ "On technical regulation" before the entry into force of the relevant technical regulations (but no later than July 1, 2010) requirements for products, production processes, operation, storage, transportation, sale and disposal, established regulatory legal acts Of the Russian Federation and regulatory documents of federal executive bodies are subject to mandatory execution only in the part corresponding to the objectives:

- protecting the life or health of citizens, property of individuals or legal entities, state and municipal property;

- protection environment, life or health of animals and plants;

- prevention of actions misleading purchasers.

In accordance with the explanations of the Gosstroy of Russia, prior to the entry into force of the relevant technical regulations in the field of construction, the requirements of the current normative documents in construction, adopted before July 1, 2003, aimed at achieving the goals of technical regulation and ensuring:
———————————
Letter of the Gosstroy of Russia dated December 22, 2003 N LB-8381/9 // Bulletin construction equipment... 2004. N 1.

- the right of citizens to a favorable living environment in the implementation of urban planning activities;

- reliability of buildings and structures and their engineering systems in design operating conditions, strength and stability of building structures and foundations;

- the stability of buildings and structures and the safety of people in the design conditions of hazardous natural influences (including seismic) and in case of fires;

- protection of human health during the operation of buildings and structures (including the necessary parameters of the internal climate, acoustic and light conditions of the premises);

- accessibility of the living environment for people with disabilities and other low-mobility groups of the population;

- security building materials and products, processes of their production, storage, transportation, sale and disposal for the life or health of people and the environment;

- dimensional and functional compatibility and interchangeability in construction;

- acceptance rules and control methods in construction;

- reduction in the consumption of fuel and energy resources during the construction and operation of buildings and structures;

- environmental protection, environmental safety and compliance with sanitary rules in the implementation of urban planning activities (including the rational use of natural resources).

Also, the requirements of special technical conditions for the construction of particularly complex and unique buildings and structures, agreed in accordance with the established procedure with the state supervision authorities.

Construction control should be carried out during construction, reconstruction, overhaul of any capital construction object.

2. The duty to carry out construction control lies primarily with the person carrying out the construction (the so-called production control). Federal laws may also provide for the specifics of such control. Thus, Federal Law No. 7-FZ of January 10, 2002 "On Environmental Protection" provides for industrial control in the field of environmental protection (industrial environmental control), carried out in order to ensure the implementation of measures to protect the environment in the process of economic and other activities. environment, rational use and restoration of natural resources, as well as in order to comply with the requirements in the field of environmental protection established by legislation in the field of environmental protection. At the same time, subjects of economic and other activities are obliged to submit information on the organization of industrial environmental control to federal executive authorities and local self-government bodies that exercise state and municipal control, respectively, in the manner prescribed by law (Article 67). In addition, this Law provides for the possibility of public and other non-profit organizations, as well as citizens of public environmental control, the results of which in mandatory subject to review by the authorities state power Of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local self-government bodies (Article 68).

Carrying out construction control (technical supervision) is the right of the developer (customer).

The developer (customer) may involve the person who prepared the project documentation to carry out architectural supervision. So, according to Art. 12 of the Federal Law of November 17, 1995 N 169-FZ "On architectural activities in the Russian Federation", an architect and a legal entity, on the basis of an agreement with a customer (developer), have the right to exercise architectural supervision over the construction of an architectural object or, on behalf of the customer (developer), be his responsible representatives on the construction of this facility, exercising control over the quality of construction materials, the quality and volume of construction and installation works and financial control... In accordance with Part 3 of Art. 8 of the Federal Law of July 21, 1997 N 116-FZ "On industrial safety of hazardous production facilities»In the process of construction, expansion, reconstruction, technical re-equipment, conservation and liquidation of a hazardous production facility, the organizations that have developed the project documentation, in accordance with the established procedure, carry out field supervision.
———————————
SZ RF. 1997. N 30. Art. 3588.

If construction, reconstruction and major repairs are carried out on the basis of a building contract, then in accordance with Art. 749 of the Civil Code of the Russian Federation, the customer also has the right to involve an engineer (engineering organization) in exercising control and supervision over construction and making decisions on his behalf in relations with the contractor without the consent of the contractor. Engaging an engineer ( engineering organization) is carried out, as a rule, by concluding a contract of order with him. If the engineer is an employee of the customer, then, accordingly, he works on the basis of an employment contract (contract). When engaging an engineer (engineering organization), his powers in relation to giving the contractor mandatory instructions and other functions are determined in the construction contract.

3 - 7. In parts 3 - 7 of the commented article 53 of the Civil Code of the Russian Federation: the obligations of the person carrying out the construction to carry out construction control, the rights of the developer (customer) (in the case of construction on a contractual basis) are fixed; the obligation is established to monitor the performance of work, building structures and sections of engineering support networks that affect the safety of the facility, control over which cannot be carried out after other work has been completed or the elimination of deficiencies of which cannot be carried out without disassembling or damaging other building structures and sections of engineering and technical support networks; the obligation is established to write the acts drawn up based on the results of construction control, as well as the comments of the developer (customer), attracted by him to carry out construction control of persons. The requirement for written registration of these comments and acts based on the results of construction control is important. Such documents must be taken into account without fail when investigating cases of harm to life or health. individuals, property of individuals or legal entities as a result of deviation from project documentation, violation of the requirements of technical regulations.

8. According to part 8 of the commented article, the procedure for conducting construction control may be established by regulatory legal acts of the Russian Federation. As such normative legal acts, it is necessary to note the Code of Rules SP 11-110-99 "Author's supervision over the construction of buildings and structures", approved by the Resolution of the State Construction Committee of Russia dated June 10, 1999 N 44, and SNiP 12-01-2004 "Organization of construction" , approved by the Resolution of the Gosstroy of Russia dated April 19, 2004 N 70. These documents are advisory in nature.
———————————
Construction technique bulletin. 1999. N 7.

Rationing in construction and housing and communal services. 2004. N 3.

So, according to SNiP 12-01-2004, when a person carrying out construction performs production control over the quality of construction, the following actions should be performed:

- incoming control of project documentation provided by the developer (customer);

- Acceptance of the laid out geodetic alignment base;

- incoming control of the materials and products used;

- operational control during the execution and at the end of operations;

- assessment of the conformity of the work performed, the results of which become unavailable for control after the start of subsequent work.

During the incoming control of design documentation, all submitted documentation should be analyzed, including the construction organization design and working documentation, while checking: its completeness; compliance with the design axial dimensions and the geodetic base; availability of approvals and approvals; availability of links to materials and products; availability of a list of works and structures, the quality indicators of which affect the safety of the facility and are subject to conformity assessment during the construction process; the presence of limit values of the parameters monitored according to the specified list of permissible levels of nonconformity for each of them; availability of instructions on the methods of control and measurement, including in the form of links to the relevant regulatory documents. If deficiencies are found, the corresponding documentation is returned for revision.

In accordance with the current legislation, the input control checks the compliance of the quality indicators of the purchased (received) materials, products and equipment with the requirements of standards, technical conditions or technical certificates for them, specified in the project documentation and (or) the work contract. At the same time, the presence and content of accompanying documents supplier (manufacturer), confirming the quality of the specified materials, products and equipment. If necessary, control measurements and tests of the above indicators can be performed. The methods and means of these measurements and tests must comply with the requirements of standards, specifications and (or) technical certificates for materials, products and equipment. Materials, products, equipment, the non-compliance of which with the established requirements was revealed by the input control, should be separated from the suitable ones and marked. Work using these materials, products and equipment should be suspended. The developer (customer) must be notified of the suspension of work and its reasons.

By operational control, the contractor checks: compliance of the sequence and composition of the technological operations performed with the technological and regulatory documentation that applies to the data technological operations; compliance with technological regimes established technological maps and regulations; compliance of the quality indicators of the operations and their results with the requirements of the design and technological documentation, as well as the regulatory documentation applicable to these technological operations. The places of performance of control operations, their frequency, performers, methods and means of measurement, forms of recording the results, the procedure for making decisions when nonconformities with the established requirements are detected must comply with the requirements of design, technological and regulatory documentation.

In order to carry out technical supervision, the developer (customer) can perform: checking whether the contractor has quality documents (certificates in established cases) on the materials, products and equipment used by him, the documented results of the incoming inspection and laboratory tests; control of the contractor's compliance with the rules of warehousing and storage of the materials, products and equipment used (if violations of these rules are detected, the technical supervision representative may prohibit the use of incorrectly stored and stored materials); control over the compliance of the operational control performed by the contractor with the specified requirements; control of the availability and correctness of the work performed by the contractor executive documentation, including the assessment of the reliability of geodetic executive schemes of the completed structures with selective control of the accuracy of the position of the elements; control over the elimination of defects in design documentation identified during the construction process, documented return of defective documentation to the designer, control and documented acceptance of the revised documentation, transfer of it to the contractor; control over the execution by the contractor of the orders of the state supervision bodies and local self-government; control of compliance of the volume and timing of work with the terms of the contract and the construction schedule; assessment (together with the contractor) of the compliance of the work performed, structures, sections engineering networks, signing of bilateral acts confirming compliance; control over the fulfillment of the requirement by the contractor of the work on the inadmissibility of the performance of subsequent work before the signing of these acts; final assessment (together with the contractor) of the compliance of the completed construction of the facility with the requirements of the legislation, design and regulatory documentation. To carry out technical supervision, the developer (customer), if necessary, can form a technical supervision service, providing it with the design and necessary regulatory documents, as well as control and measuring devices and tools.

Designer supervision is carried out on the basis of an agreement (administrative document) and is carried out, as a rule, during the entire period of construction and commissioning of the facility, and, if necessary, the initial period of its operation. When carrying out field supervision over the construction of an object, a journal of field supervision over construction is regularly kept, which is compiled by the designer and handed over to the customer. The main responsibilities of the person exercising architectural supervision are: conducting a spot check of the conformity of the construction and installation work performed working documentation and requirements building codes and rules; selective control over the quality and compliance with the production technology of work related to ensuring the reliability, strength, stability and durability of structures and installation of technological and engineering equipment; timely resolution of issues related to the need to amend the working documentation in accordance with the requirements of GOST R 21.101-97 "Basic requirements for design and working documentation", and control over execution, informing the developer (customer) about the untimely and poor-quality implementation of the instructions of specialists carrying out designer's supervision to take prompt measures to eliminate the identified deviations from the working documentation and violations of the requirements of regulatory documents. The persons exercising architectural supervision have the right, and in cases stipulated by federal laws or an agreement with the developer (customer), are obliged to participate in the examination of the work concealed by the construction of subsequent structures, the quality of which depends on the strength, stability, reliability and durability of the buildings and structures being erected, and in acceptance during the construction of individual critical structures.

Second commentary on Article 53 of the Urban Planning Code

1. Construction control is a set of measures that are carried out directly by the developer or the person carrying out the construction. The commented article 53 of the Civil Code of the Russian Federation determines the goals and procedure for such control. Construction control should not be equated with state supervision since they have different legal regulation, differ in the subject composition, as well as in the powers of these subjects (see the decision of the RF Armed Forces of October 17, 2008 N 3-40 / 08). The objectives of construction control are to verify the compliance of the work performed with the design documentation with the requirements of technical regulations, the results of engineering surveys, the requirements of the urban planning plan of the land plot, and from January 1, 2017 - also the permitted use of the land plot and the restrictions established in accordance with the land and other legislation of the Russian Federation. ... Such control is carried out directly in the process of construction, reconstruction, overhaul of capital construction facilities.

Example: since construction is the creation of buildings, structures, structures, reconstruction is a change in the parameters of objects and their parts, overhaul is the replacement or restoration of building structures or elements of such structures, then verification during construction, reconstruction, overhaul can be carried out only when construction control by the person carrying out the construction, and in addition, on the basis of the contract, also by the developer or customer. Thus, in accordance with the requirements of the Civil Code of the Russian Federation for the powers of state construction supervision bodies, activities related to the implementation of checks for compliance with the norms of urban planning legislation in the placement, design, commissioning of capital construction facilities, compliance with the procedure for issuing architectural and planning tasks (urban planning plans land plots), construction permits and permits for the commissioning of facilities, is not attributed (see the decision of the Volgograd Regional Court of January 31, 2006 N 3-4 / 2006).

It should be noted that the current legislation does not distinguish between the concepts of construction control and technical supervision. Therefore, in jurisprudence these concepts are identified (see Resolution of the Federal Antimonopoly Service of the East Siberian District of January 27, 2011 in case N A78-2301 / 2010).

One of the types of construction control is designer supervision (see Resolution Arbitration court North Caucasian District of February 18, 2015 in case No. A53-14376 / 2014; letter of the Ministry of Regional Development of the Russian Federation of April 30, 2010 N 17906-IP / 08). Author's supervision is one of the types of services provided to the customer, under the supervision of the author of the project and other developers of project documentation (individuals and legal entities) for construction, carried out in order to ensure the compliance of the solutions contained in the working documentation with the construction and installation work performed at the facility. The need for field supervision is within the competence of the customer and, as a rule, is established in the assignment for the design of the facility. The procedure for conducting architectural supervision is established in the Code of Rules SP 11-110-99 "Designer's Supervision over the Construction of Buildings and Structures" (enacted by the Decree of the Gosstroy of Russia dated June 10, 1999 N 44), the Code of Rules of the joint venture 246.1325800.2016 supervision of the construction of buildings and structures "(approved by the Order of the Ministry of Construction of Russia dated February 19, 2016 N 98 / pr).

2. Subjects of construction control are:

- the person carrying out the construction;

- a developer or technical customer, from July 1, 2017 - also a person responsible for the operation of a building, structure, or a regional operator. At the same time, the conclusion of a contract with a technical customer does not relieve the customer of reconstruction (construction) from liability for improper implementation of construction control. The customer's right to involve another person to carry out production control corresponds to his obligation to ensure such control either on his own or by the forces of involved specialists (see Resolution of the Federal Antimonopoly Service of the Moscow District of December 20, 2013 in case No. A40-169148 / 2012);

- an individual or legal entity engaged by a developer or technical customer on the basis of a contract;

- the person preparing the design documentation to check the compliance of the work performed with the design documentation.

It should be noted that the contractor cannot exercise construction control simultaneously for himself and for the customer.

Example: the applicant considered that the current legislation does not contain a prohibition on the contractor exercising the functions of the construction control of the customer, the prohibition on the construction control by the customer and the contractor by one entity has not been established. The court indicated that if the customer does not have special knowledge or for other reasons does not want to fully perform the customer's function of control and supervision of construction, then he has the right to entrust the implementation of this function and the adoption of decisions on his behalf in relations with the contractor to a third party - a professional legal entity or individual entrepreneur. After analyzing clauses 5 and 6 of the Regulation on the procedure for construction control during construction, reconstruction and overhaul of capital construction facilities, approved. By Decree of the Government of the Russian Federation of June 21, 2010 N 468, the court came to the correct conclusion that the construction control carried out by the contractor and the construction control carried out by the customer are substantively different and cannot be carried out by one person, since the opposite negates the goals and objectives of the construction control of the customer (see the Order of the Arbitration Court Ural district of February 10, 2016 in case No. A60-19907 / 2015, Resolution of the Arbitration Court of the North Caucasus District of June 24, 2016 in case No. A32-42596 / 2014).

In law enforcement practice, the question of the need to have a certificate of admission to the corresponding type of work in the implementation of construction control is controversial. In some cases, the courts believe that the person exercising construction control must have special knowledge, which is confirmed by the relevant certificate.

Example: the absence in the List of types of works on engineering surveys, on the preparation of project documentation, on construction, reconstruction, overhaul of capital construction facilities that affect the safety of capital construction facilities, approved. By order of the Ministry of Regional Development of Russia dated December 30, 2009 N 624, the type of work on the implementation of construction control directly by the developer does not mean that customers or developers do not have the right to independently exercise construction control, however, it does not give reason to believe that in order to carry out construction control by the customer's own forces, the developer is not required to obtain a certificate of admission to the corresponding type of work. The list establishes the types of work affecting the safety of capital construction projects, and also separately establishes the types of capital construction objects, the performance of work on which requires obtaining a certificate of admission, differentiation by subject composition for obtaining certificates of admission to types of work, the specified List does not have (see. Resolution of the Arbitration Court of the Ural District dated February 18, 2015 in case No. A60-1100 / 2014).

In other cases, the courts indicate that the persons exercising construction control are not required to have certificates of admission to such types of work issued by the GRSRO.

Example: work on the implementation of construction control by the developer (except for the implementation of construction control during the construction, reconstruction and overhaul of nuclear facilities) is not included in the List, which does not exclude the right of the developer (customer) to independently conduct construction control and only means that he does not have obligations to obtain a SRO certificate of admission to work on the organization of construction (see Resolution of the Armed Forces of the Russian Federation of June 24, 2016 N 304-AD16-6361).

The peculiarity of the financial side of construction control is that the customer is not obliged to reimburse the contractor for the cost of the services of the controlling organization. The contractor is obliged to carry out the functions of construction control according to general rule... The customer has the right to perform these functions. Thus, the contractor is obliged to carry out construction control, while the customer does not have this obligation (see the Resolution of the Arbitration Court of the Ural District of July 16, 2015 in case No. A76-8705 / 2014). Also, the commented part does not provide for the customer's right to control the cost of construction materials purchased by the developer and to request documents confirming it. Accordingly, the customer has no right to demand a decrease in the fixed price of the contract due to the fact that the cost of building materials is overstated (see Resolution of the FAS of the Volga District of July 25, 2013 in case No. A55-26153 / 2012).

3. Parts 3, 4 define the responsibilities that are assigned to the person carrying out the construction, when carrying out construction control. These include:

- the obligation to notify the state construction supervision authorities about each case of emergencies at the capital construction facility. At the same time, the performance of work in accordance with the project documentation does not exempt from the fulfillment of this obligation (see Resolution of the Federal Antimonopoly Service of the Moscow District of August 8, 2013 in case No. A40-146191 / 2012);

- the obligation to monitor the performance of work that affects the safety of the capital construction facility, control over the performance of which cannot be carried out after other work has been completed or the elimination of deficiencies of which is impossible without disassembling or damaging other building structures. In this case, tests of structures should be carried out and certificates of inspection should be drawn up. hidden works, structures, sections of networks of engineering and technical support. The absence of certificates of inspection of works entails administrative responsibility under Part 1 of Art. 9.4 of the Administrative Code of the Russian Federation (see Resolution of the Federal Antimonopoly Service of the North Caucasus District of April 2, 2010 in case No. A63-23244 / 2008-C6-39).

The developer or technical customer, if deficiencies are identified based on the results of the control, may require a repeated construction control (part 5 of the commented article). Improper implementation of construction control may entail administrative liability (see Resolution of the Armed Forces of the Russian Federation of February 24, 2016 N 305-AD15-19871, Resolution of the Arbitration Court of the Moscow District of June 20, 2016 in case N A40-151243 / 2015).

4. Part 6 of the commented art. 53 of the Civil Code of Russia determines the specifics of construction control in cases of performing other work after more than six months from the date of completion of the corresponding control. In this case, the construction control must be repeated with the preparation of the relevant acts. The state construction supervision body has the right to issue an order to conduct a second control (see the Resolution of the Arbitration Court of the North Caucasus District of June 19, 2015 in case No. A53-21664 / 2014).

5. Despite the fact that part 7 of the commented article obliges to draw up in writing comments to the contractor on the implementation of construction control to draw up an act and to eliminate the indicated deficiencies, the commented part does not provide for the possibility of the customer or the developer issuing instructions to the contractor on the identified violations.

Example: in connection with this court, the order issued by the developer to the contractor was not taken into account as evidence of the proper implementation of construction control (see Resolution of the FAS of the Far Eastern District of February 17, 2011 in case No. A51-9505 / 2010).

6. In accordance with part 8 of the commented article 53 of the Urban Planning Code of the Russian Federation, the procedure for conducting construction control may be established by regulatory legal acts of the Russian Federation. As such normative legal acts, it should be noted:

- Decree of the Government of the Russian Federation of June 21, 2010 N 468 "On the procedure for conducting construction control during construction, reconstruction and overhaul of capital construction facilities";

- Methodology for construction control during construction, reconstruction, overhaul of capital construction facilities SDOS-04-2009 (adopted by the decision of the Supervisory Board Unified system conformity assessment in the field of industrial, environmental safety, safety in energy and construction of July 20, 2009 N 30-BNS);

1. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction objects in order to verify the compliance of the work performed with the design documentation (including decisions and measures aimed at ensuring compliance with energy efficiency requirements and the requirements for equipping a capital construction facility with metering devices for used energy resources ), the requirements of technical regulations, the results of engineering surveys, the requirements for construction, reconstruction of a capital construction facility established on the date of issue of a land plot submitted for obtaining a construction permit for a town planning plan, as well as the permitted use of a land plot and restrictions established in accordance with land and other the legislation of the Russian Federation.

2. Construction control is carried out by the person carrying out the construction. In the case of construction, reconstruction, overhaul on the basis of a construction contract, construction control is also carried out by the developer, technical customer, the person responsible for the operation of the building, structure, or a regional operator, or by an individual entrepreneur or legal entity engaged by them on the basis of an agreement. The developer or technical customer, on his own initiative, may involve the person preparing the design documentation to check the compliance of the work performed with the design documentation.

(see text in previous edition)

2.1. With regard to individual capital construction projects, construction, reconstruction of which is planned to be carried out in full or in part at the expense of the federal budget, the Government of the Russian Federation, in the cases established by it, makes a decision on the conduct of construction control by the federal executive body that exercises the functions of developing and implementing state policy and regulating - legal regulation in the field of construction, architecture, urban planning, or a state (budgetary or autonomous) institution subordinate to the indicated body.

3. The person carrying out the construction is obliged to notify the state construction supervision authorities about each case of emergencies at the capital construction facility.

4. In the process of construction, reconstruction, overhaul of a capital construction object by a person who carries out construction (a person carrying out the construction and a developer, a technical customer, a person responsible for the operation of a building, structure, or a regional operator in the case of construction, reconstruction, overhaul on the basis of a construction contract), control over the performance of work that affects the safety of the capital construction facility and in accordance with the technology of construction, reconstruction, overhaul should be carried out, control over the implementation of which cannot be carried out after the completion of other work, as well as over safety building structures and sections of engineering and technical support networks, if the elimination of deficiencies identified in the process of construction control is impossible without disassembling or damaging other building structures and sections of engineering networks technical support, for the compliance of the specified works, structures and network sections with the requirements of technical regulations and project documentation. Before monitoring the safety of building structures, control over the implementation of all work that affects the safety of such structures and in accordance with the technology of construction, reconstruction, major repairs, control over the implementation of which cannot be carried out after other work, as well as in cases provided by the design documentation, the requirements of technical regulations, tests of such structures should be carried out. Based on the results of monitoring the performance of these works, the safety of these structures, sections of engineering and technical support networks, certificates of inspection of these works, structures, sections of engineering networks are drawn up.

(see text in previous edition)

7. Remarks by the developer, technical customer, person responsible for the operation of the building, structure, or regional operator, attracted by them to carry out construction control of the persons preparing the project documentation, on the shortcomings in the performance of work during construction, reconstruction, overhaul of the capital construction object should be executed in writing. An act on the elimination of the indicated deficiencies is drawn up, which is signed by the person who submitted comments on the indicated deficiencies and the person carrying out the construction.

(see text in previous edition)

1. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction objects in order to verify the compliance of the work performed with the design documentation (including decisions and measures aimed at ensuring compliance with energy efficiency requirements and the requirements for equipping a capital construction facility with metering devices for used energy resources ), the requirements of technical regulations, the results of engineering surveys, the requirements for construction, reconstruction of a capital construction facility established on the date of issue of a land plot submitted for obtaining a construction permit for a town planning plan, as well as the permitted use of a land plot and restrictions established in accordance with land and other the legislation of the Russian Federation.

3. The person carrying out the construction is obliged to notify the state construction supervision authorities about each case of emergencies at the capital construction facility.

4. In the process of construction, reconstruction, overhaul of a capital construction object by a person who carries out construction (a person carrying out the construction and a developer, a technical customer, a person responsible for the operation of a building, structure, or a regional operator in the case of construction, reconstruction, overhaul on the basis of a construction contract), control over the performance of work that affects the safety of the capital construction facility and in accordance with the technology of construction, reconstruction, overhaul should be carried out, control over the implementation of which cannot be carried out after the completion of other work, as well as over safety building structures and sections of engineering and technical support networks, if the elimination of deficiencies identified in the process of construction control is impossible without disassembling or damaging other building structures and sections of engineering networks technical support, for the compliance of the specified works, structures and network sections with the requirements of technical regulations and project documentation. Before monitoring the safety of building structures, control over the implementation of all work that affects the safety of such structures and in accordance with the technology of construction, reconstruction, major repairs, control over the implementation of which cannot be carried out after other work, as well as in cases provided by the design documentation, the requirements of technical regulations, tests of such structures should be carried out. Based on the results of monitoring the performance of these works, the safety of these structures, sections of engineering and technical support networks, certificates of inspection of these works, structures, sections of engineering networks are drawn up.

8. The procedure for construction control is established by the Government of the Russian Federation.

Comments to Art. 53 Civil Code of the Russian Federation

1. Parts 1 and 2 of the commented article establish the purpose of construction control, as well as the persons exercising this control.

In accordance with Art. 748 of the Civil Code of the Russian Federation, the customer has the right to monitor and supervise the progress and quality of work performed, compliance with the deadlines for their completion (schedule), the quality of the materials provided by the contractor, as well as the correct use of the customer's materials by the contractor, without interfering with the operational and economic activities of the contractor.

The customer, who, in the course of control and supervision over the performance of work, discovers deviations from the terms of the construction contract, which may worsen the quality of work, or other shortcomings, is obliged to immediately notify the contractor about this. The customer, who has not made such a statement, loses the right in the future to refer to the defects discovered by him.

The contractor is obliged to comply with the customer's instructions received during construction, if such instructions do not contradict the terms of the construction contract and do not constitute an interference in the operational and economic activities of the contractor.

A contractor who has improperly performed the work shall not have the right to refer to the fact that the customer did not exercise control and supervision over their implementation, unless the obligation to exercise such control and supervision is imposed on the customer by law.

The customer, in order to exercise control and supervision over the construction and make decisions on his behalf in relations with the contractor, may independently conclude, without the consent of the contractor, an agreement on the provision of services of this kind to the customer with the relevant engineer (engineering organization). In this case, the construction contract defines the functions of such an engineer (engineering organization) associated with the consequences of his actions for the contractor.

2. Part 3 obliges the person carrying out the construction to notify the authorities of the state construction supervision about emergencies.

Emergency situation - a situation in which the destruction of structures, individual elements, technical devices is possible.

Accident - a dangerous incident on an economic entity, transport or on communication lines, posing a threat to the life and health of people or leading to destruction industrial premises, damage or destruction of equipment, mechanisms, Vehicle, raw materials and finished products, as well as disruption of the production process.

The competence of the state construction supervision bodies is established by Art. 54 of the commented Code.

3. Part 4 of the commented article establishes a number of requirements, the fulfillment of which is necessary in the process of construction, reconstruction, overhaul of a capital construction object. These requirements include the following:

control is carried out over the performance of such works that affect the safety of the facility and the performance of which cannot be carried out after other works;

control is carried out over the safety of building structures and sections of engineering and technical support networks, if elimination of deficiencies is impossible without disassembling and damaging other building structures and sections of networks;

the compliance of works, structures and sections of networks with the requirements of technical regulations is monitored;

control over works that may affect the safety of building structures is carried out;

according to the results of the survey of works, structures, sections of engineering and technical support networks, acts are drawn up.

4. Part 5 establishes that after the elimination of the identified deficiencies, the developer or customer may require a repeated control, after which it draws up the next certificate of survey.

5. Part 6 of the commented article establishes that if the period after the corresponding control is more than 6 months, then before starting work affecting the safety of the capital construction facility, it is necessary to re-control, if the elimination of the deficiencies identified during the control is impossible later without disassembling or damaging other building structures and sections of utility networks.

6. Part 7 of the commented article establishes that the comments of authorized persons during construction control must be made in writing. An act on the elimination of deficiencies must be drawn up, which is signed by the persons who submitted the comments.

[Chapter 6]

Article 53. Construction control

1. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction objects in order to verify the compliance of the work performed with the design documentation, the requirements of technical regulations, the results of engineering surveys, the requirements of the urban planning plan of the land plot.

2. Construction control is carried out by the person carrying out the construction. In the case of construction, reconstruction, major repairs on the basis of a contract, construction control is also carried out by the developer or customer or by an individual or legal entity attracted by them on the basis of the contract. The developer or the customer, on his own initiative, may involve the person preparing the design documentation to check the compliance of the work performed with the design documentation.

3. The person carrying out the construction is obliged to notify the state construction supervision authorities about each case of emergencies at the capital construction facility.

4. In the process of construction, reconstruction, overhaul of a capital construction object, the person carrying out the construction (the person carrying out the construction, and the developer or the customer in the case of construction, reconstruction, major repairs on the basis of a contract) must monitor the performance of works that provide impact on the safety of a capital construction facility and in accordance with the technology of construction, reconstruction, overhaul, control over the implementation of which cannot be carried out after other work has been completed, as well as the safety of building structures and sections of engineering and technical support networks, if the elimination of identified in the process of carrying out construction control of deficiencies is impossible without disassembling or damaging other building structures and sections of engineering and technical support networks, for the compliance of these works, structures and network sections with the requirements of technical regulations aments and project documentation. Before monitoring the safety of building structures, control over the implementation of all work that affects the safety of such structures and in accordance with the technology of construction, reconstruction, major repairs, control over the implementation of which cannot be carried out after other work, as well as in cases provided by the design documentation, the requirements of technical regulations, tests of such structures should be carried out. Based on the results of monitoring the performance of these works, the safety of these structures, sections of engineering and technical support networks, certificates of inspection of these works, structures, sections of engineering networks are drawn up.

5. If, based on the results of the control, the shortcomings of the works, structures, sections of engineering and technical support networks specified in part 4 of this article, the developer or customer may require monitoring of the performance of these works, the safety of these structures, sections of the engineering and technical support networks again after elimination identified deficiencies. Inspection certificates for such works, structures, sections of engineering and technical support networks should be drawn up only after the identified deficiencies have been eliminated.

7. Remarks by the developer or customer, attracted by the developer or customer for the construction control of the persons preparing the project documentation, about the shortcomings in the performance of work during construction, reconstruction, overhaul of the capital construction object must be drawn up in writing. An act on the elimination of the indicated deficiencies is drawn up, which is signed by the person who submitted comments on the indicated deficiencies and the person carrying out the construction.

8. The procedure for construction control may be established by regulatory legal acts of the Russian Federation.

1. Construction control is carried out in the process of construction, reconstruction, overhaul of capital construction objects in order to verify the compliance of the work performed with the design documentation, the requirements of technical regulations, the results of engineering surveys, the requirements of the urban planning plan of the land plot.

(as amended by Federal Law No. 240-FZ dated 27.07.2010)

3. The person carrying out the construction is obliged to notify the state construction supervision authorities about each case of emergencies at the capital construction facility.

5. If, based on the results of the control, the shortcomings of the works, structures, sections of engineering and technical support networks specified in part 4 of this article, the developer or customer may require monitoring of the performance of these works, the safety of these structures, sections of the engineering and technical support networks again after elimination identified deficiencies. Inspection certificates for such works, structures, sections of engineering and technical support networks should be drawn up only after the identified deficiencies have been eliminated.

8. The procedure for construction control may be established by regulatory legal acts of the Russian Federation.