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“The Ministry of Construction has simplified the procedure for obtaining state expertise”
Dmitry Nekrestyanov, Partner, Head of Real Estate and Investments Practice at Kachkin & Partners, comments on the material of the Ministry of Construction moratorium on the negative opinions issuance.
However, experts say that the document should not be read as if «now you can do everything without licenses and expertise.»
Ministry of Construction order No. 46 dated March 11, 2022 was published and caused a wide discussion. It introduces a moratorium on the issuance of negative opinions. Also, the lack of calculations for buildings and structures progressive collapse, certificates from the body for the protection of cultural heritage objects, a positive conclusion from the environmental review, licenses for working with high-hazard waste and other important documents will not be a reason for review contract early termination, and summary comments are not issued as well.
Such formulations caused understandable market participants fears. Experts, however, say that the document does not mean that «now you can do everything without licenses and expertise.»
“The Ministry of Construction order says that in the absence of such documents, the state examination will not issue a negative conclusion, but it does not say that it will issue a positive one. It’s just that now there will be no ping-pong when the package is returned to the customer. Officials will check the documents that are available and wait for the customer to report the missing ones,” says Dmitry Nekrestyanov, Partner, Head of Real Estate and Investments Practice at Kachkin & Partners.
“This document regulates the relationship between Glavgosexpertiza and the customer. It does not affect non-state expertise. We are talking about the fact that negative conclusions in particular for a certain period are not issued. That is, if Glavgosexpertiza cannot issue a positive conclusion (due to fatal violations), then it terminates the contract. At the same time, Glavgosexpertiza specialists must make every effort so that the customer and the designer work out all the comments and a positive conclusion is issued,” explains Alina Pletzer, Director General of Non-State Supervision and Expertise LLC.
We add that both the St. Petersburg and Leningrad construction supervision NSP reported that changes in the procedure for issuing state expertise did not affect the procedure for issuing a building permit. “The issuance of building permits takes place in the presence of all examinations — the applicant must have the entire package of documents,” the press service of the building block of the Leningrad Region Administration reports.
The government of the Russian Federation and the Ministry of Construction have received broad powers in regulating urban planning activities: it is possible to simplify the procedure for coordinating general plans, PZZ, holding hearings, etc. Probably, the department will soon publish other regulations governing the new, “anti-sanction” work procedure construction industry.
Andrey Nekrasov, Anna Nezhinskaya
The material is published on the website «NSP.ru» 23.03.2022
PhD in Law
Partner
Head of Real Estate and Investments Practice
Attorney
PhD in Law
Partner
Head of Real Estate and Investments Practice
Attorney