Is it possible to put a building into operation without state registration of rights to real estate?

The commissioning of a real estate property after completion of its construction or reconstruction is a full-fledged step-by-step procedure. Its purpose is to certify and document the fact of completion of construction work in accordance with the planning documentation. Permission to put a non-residential building into operation makes it possible not only to ensure that the project complies with all legal requirements, but also to register the owner’s ownership rights to this property. This, in turn, protects the property, as well as operate and enter into various transactions according to the law.

Permission to put a facility into operation is a special document that confirms that the construction is completely completed and there are no deviations from the plan for which the go-ahead was received. In fact, without this document, real estate simply does not exist, and it cannot be used by law.

It is agreed between the contractor and the building owner when the final inspection will be carried out. At the same time, all documents for the property must be submitted to the state construction supervision.

Commissioning concept

The concept of Permission to put a facility into operation is contained in the Town Planning Code of the Russian Federation , in Art. 55:

“Permission to put a facility into operation is a document that certifies the completion of construction, reconstruction of a capital construction facility in full in accordance with the construction permit, design documentation, as well as the compliance of the constructed, reconstructed capital construction facility with the requirements for construction, reconstruction of a capital construction facility established on the date of issue of the urban planning plan of the land plot submitted for obtaining a construction permit, the permitted use of the land plot or in the case of construction, reconstruction of a linear object, the territory planning project and the territory surveying project, as well as restrictions established in accordance with land and other legislation of the Russian Federation ."

Dear Clients!

The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:

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8 St. Petersburg (our address)

All consultations are free.

During the commissioning stage, a survey is carried out to confirm compliance with the design.
To obtain permission to put into operation, it is necessary to prepare a list of documents established by law and go through the sequential procedures provided for by legal norms.

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

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

What is a permit to put a facility into operation?

A document granting permission to put an object into operation gives the owner the legal right to carry out certain work, for example, such as:

• reconstruction of an existing building;
• construction of a new facility;
• carrying out major construction work on an old building.

Without this permission, all work will be considered invalid because it was not performed legally.

State authorities issuing permits for commissioning

The main government body charged with issuing permits for the commissioning of OKS at the federal level is the Ministry of Construction and Housing and Communal Services of the Russian Federation.

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

In other regions, organs are named similarly. The main function of these federal and regional authorized government organizations is to verify the legality of the construction and reconstruction of OKS on the territory of the Russian Federation and their compliance with the norms and regulations currently in force.

The commissioning permit is issued by Gosstroynadzor, confirming compliance with the project and regulations

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

Powers of authorities

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

1. Town Planning Code of the Russian Federation ().
2. Decree of the Government of the Russian Federation dated 02/06/2012 N 92 ()
3. Order of the Ministry of Regional Development of the Russian Federation dated July 2, 2009 No. 251 ().

According to the hierarchy of legislation, the Town Planning Code occupies the leading place; other regulations are developed on its basis and cannot contradict it. To implement the norms for issuing permits for OKS, each region can develop its own regulations, but they cannot contradict the Civil Code of the Russian Federation.

Documents for obtaining permission to commission a capital construction project

If there are no complaints about the building, to obtain permission to put the facility into operation in the Moscow region, the following documents .

• Package of title documents.
• Application completed on an approved form.
• Documents for a legal entity.
• Urban planning plan of the land plot.
• Permission to construct the facility.
• Certificate of its acceptance by the customer.
• Documents confirming the compliance of the characteristics of the constructed structure with specifications, design documentation and technical regulations.
• Certificate from the state construction supervision authority.
• Technical plan of the structure.
• A diagram showing the location of the facility, utility networks and their connection points, as well as the planning organization of the site.

If necessary, submit:

• a copy of the civil liability insurance contract;
• act on measures taken to protect objects of cultural and historical value.

Do you need advice on obtaining permits to put objects into operation?

Call us by phone or fill out the online form. Our specialist will answer questions in detail, clarify the nuances and offer the best option for mutually beneficial cooperation.

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Note! In order for us to transfer documents to obtain permission to put the constructed building into operation for you, you will need not only an electronic signature, but also a notarized power of attorney.

Commissioning documents

The Civil Code of the Russian Federation has established a limited list of documents that must be prepared and sent to the authorized government agency to obtain permission to put a facility into operation. These include:

1. Application for permission to put the facility into operation.
2. Documents evidencing the lawful use of the land plot on which the OKS is located (certificate of land title, lease agreement).
3. Urban development plan or planning project and land surveying project (for linear objects).
4. Permit for construction of OKS.
5. The act in accordance with which the OKS was accepted by the customer of the work - for cases of construction/reconstruction on the basis of contracts.
6. Confirmation of compliance of the construction work carried out with technical regulations, other requirements and standards (this document is prepared and signed by an authorized person from the construction company that carried out the relevant work).
7. Confirmation of compliance of construction or reconstruction at the site with a previously prepared construction or reconstruction project.
8. A letter or other document from an authorized organization confirming that the OKS complies with the technical conditions for connecting to utility networks.
9. A diagram made according to the rules, which displays the location of the public utilities system and all engineering systems on the land plot.
10. A conclusion from the authorized construction supervisory body that the constructed facility meets all the requirements of construction regulations.
11. Technical plan of the property, prepared based on the results of measurements and coordination of the OKS.

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

Important!

State authorities have no right to require the applicant to provide other documents. However, current legislation, especially taking into account the presence of regional orders and instructions, may contain rules that oblige the provision of additional information on the property, and failure to comply with such a requirement may result in a refusal to issue a commissioning permit.

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Before permission to put into operation, a conclusion on compliance is drawn up

The application form for issuing a commissioning permit is contained in Order No. 251 of the Minister of Regional Development of the Russian Federation dated July 2, 2019.

The legislation provides that in the absence of certain documents as part of the request for a permit to enter, the executive body has the right to request them from other government bodies in the manner of interdepartmental interaction. Such documents and information include: documents for a plot of land under construction, an urban planning plan, a construction permit and a conclusion from the State Construction Supervision Authority.

What is necessary

For non-residential real estate, obtaining permission to put an object into operation includes several main stages:

• Written official notification from the contractors that construction has been completed;
• Drawing up an acceptance certificate with a package of papers about those institutions that carried out construction work and installed communication systems;
• Organizing an expert commission to check real estate to ensure it is ready to be used for its intended purpose. The commission, which includes the owner of the building and a representative of the design papers, will have to check the availability of all documents, the correctness of their execution, their compliance and the structure itself;
• Preparation of the required documents, which include title papers for the plot of land under the building, an act stating that the object is ready for use, a site plan, a schematic location of the building and technical documents.

The collected package of documents must be submitted to the state inspectorate for construction and architectural supervision. However, after permission to put the facility into operation is received, you will need to contact this institution again to complete this procedure.

Refusal of permission to commission

Like the list of documents for submission, the grounds for refusal are also established by the Civil Code of the Russian Federation. There are few of them: failure to submit documents required by law; discrepancies between the constructed facility and the requirements of the urban planning plan (or planning project); discrepancies between the result of construction work (reconstruction work) and the permit for construction (reconstruction) of the facility; identified significant deviations during construction from the previously agreed upon project; if the OKS does not comply with the permitted use of the land on which it is located.

If the applicant considers the refusal to issue permission to open a facility to be illegal, he can always challenge it in court by contacting the Arbitration Court at the location of the authorized construction supervision body. As in other cases, judicial practice on issues of appealing the actions of government authorities is ambiguous, but with the proper use of all legal mechanisms, it is quite possible to achieve the desired result and obtain the desired court decision.

Based on the TEP certificate, the main technical and economic indicators of the new building will be visible.

Refusal to put the facility into operation

An application for permission to put an object into operation may also be refused; as practice shows, these are not isolated cases. This can happen due to non-compliance with all legal requirements during construction work. Let's consider for what reasons the department may refuse to issue a permit to operate an object for its intended purpose:

• the land plot on which the construction of the facility is being carried out does not coincide with the parameters established by law;
• during construction work, the recommendations of government regulations and the issued permit for the construction of the facility were not followed;
• the developed project plan and the actual parameters of the object do not match;
• poor quality construction work, etc.

There are many reasons for all the discrepancies. This may be poor quality work of the team that was engaged in construction work or the negligent attitude of the owner himself, but it will lead to one thing - refusal to use the constructed facility for its intended purpose.

If the owner is confident that all work was carried out in compliance with the project plan, and there should have been no reason for refusal, but permission was not issued, he can go to court with a written refusal and challenge the department’s decision in this manner.

It is important to comply with absolutely all regulations and requirements of the law; even the slightest deviation from them will give the department a reason to issue a refusal. And getting permission even through the court will be very problematic.

Sometimes incorrectly collected documents can also be used for refusal, so it is recommended not to collect them yourself, but to leave it to a highly professional specialist.

Technical plan for commissioning

The obligatory document we provide as part of the kit for obtaining permission to enter is the Technical Plan. This rule was introduced from the moment Federal Law No. 221 “On the State Real Estate Cadastre” came into force. Now the technical plan for commissioning is being prepared on the basis of a new law that came into force on January 1, 2021 - Federal Law No. 218 “On Real Estate Registration.”

A technical plan for commissioning has the right to be prepared by a cadastral engineer who has the appropriate qualifications, membership in a self-regulatory organization of cadastral engineers, and experience in performing similar work.

The experience of the Smart Way company shows that it is not enough to know the laws and strictly follow all established rules for the production of technical documentation; it is very important to constantly work with government authorities, consult with them on all important and controversial issues. After all, each region can have its own rules. In Moscow there are some, in St. Petersburg there are others. Our specialists regularly visit both Gosstroynadzor and Cadastral Chambers in various constituent entities of the Russian Federation and “keep their finger on the pulse” with any changes in legislation and adjustments in the practice of providing services by government agencies.

Preparation of a technical plan for a constructed or reconstructed public utilities system involves taking measurements of the facility and coordinating it on the land plot. Measurements of the object are necessary in order to confirm compliance with the parameters of the construction project.

The form of the technical plan for commissioning is established by Order N 953 of the Ministry of Economic Development of Russia dated December 18, 2015 “On approval of the form of the technical plan and the requirements for its preparation, the composition of the information contained in it, as well as the form of the declaration on the property, the requirements for its preparation, the composition of the information contained in it.” information in it .

As we said earlier, each region of Russia has its own specified rules and procedures for issuing input permits. Let's look at the example of Moscow and St. Petersburg.

The technical plan is one of the main documents for cadastral registration. Its form is approved by Order of the Ministry of Economic Development No. 953.

Putting a facility into operation: necessary documents and legal subtleties

• Statement.
• Title documents for the plot of land where the work was carried out.
• Construction permit.
• Site plan.
• An act of acceptance of the structure, if the work was carried out under a contract.
• A document that confirms the building’s compliance with the requirements established by technical regulations. This paper must be signed by the developer.
• A document confirming that the parameters of the structure correspond to the design. This paper is signed by the developer or the customer (if the work is carried out under a contract). Such a document is not provided when constructing individual housing construction structures.
• Papers confirming the facility’s compliance with technical conditions, signed by representatives of organizations operating utility networks.
• A diagram showing the location of the structure and utilities within the designated area. The document must contain the signature of the customer or developer.
• The conclusion of the State Construction Supervision body (if supervision is provided for the construction) on the compliance of the building with the project and the requirements of technical regulations, the conclusion of the State Control bodies in the field of ecology (in cases established by law).

We recommend reading: Is it necessary to commission an individual residential building in 2021?

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

Cadastral registration of an apartment building

The Law on the Unified State Register of Real Estate provides for the procedure for registering apartment buildings and the necessary documents for this. First of all, this is the Permit for Operation (commissioning of the facility). The procedure for obtaining such a document is established by other regulations. The document that is required for cadastral registration of any building or object is a Technical Plan. Its form follows from Order No. 403 of 09/01/2010 of the Ministry of Economic Development. But the developer will need the Technical Plan not only for cadastral registration, but also when obtaining Permission to put into operation an apartment building. This is a slightly different document than the one provided to the Cadastral Chamber.

Cadastral registration of an apartment building is carried out independently - i.e. separately from the accounting of all premises located in it. The fact is that the existing form of the Technical Plan does not allow you to write down information about each room separately. Registration of an apartment building in the cadastre is carried out on the basis of an application from the owner (right holder) within 10 working days.

Commissioning in 2021. Questions to the expert

Alexander S.

Specialist in the field of design, cadastre, real estate. Higher education, more than 15 years of work experience.

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Question to the expert

If the examination made a negative conclusion about the safety of the project, is it possible to appeal the experts’ conclusions?

No, in this case it is necessary to make changes to the design documentation and eliminate the identified comments. If you disagree with the conclusion, you can choose another expert organization.

After construction is completed and all approvals are passed, where is the project stored? Is it needed for other purposes?

The project is kept by the customer. It can be used in the subsequent design of reconstruction or redevelopment, when taking measurements, during the operation of the building, and when passing a technical inventory.

Do Gosstroynadzor specialists go to the site to obtain a commissioning permit?

Yes, representatives of Gosstroynadzor must carry out a set of on-site inspections when drawing up the AIA, and then the Commissioning Permit.

If we are refused permission to put into operation, when can we apply to Gosstroynadzor again?

There are no exact deadlines in the legislation. You can apply for permission immediately after eliminating comments and shortcomings.

Basic list of documents for putting the facility into operation

The certificate of commissioning of non-residential premises, shops and shopping centers is obtained by the department that issued the construction permit; an application is submitted in 2 copies. In addition to the application, you must provide:

• certificate of completion of construction, issued jointly with the developer;
• documents confirming the right to use the land plot;
• , or a project for planning and surveying a land plot;

• 
  ;

• act of acceptance of a construction project, or a contract;
• confirmation of compliance of the construction or reconstruction project with the requirements of technical documentation, signed by the person responsible for construction;
• conclusion of the energy supplying organization on the compliance of the electrical installations of the premises with the requirements of energy efficiency and equipment with metering devices;
• conclusion of the fire safety service;
• permission from the company for the operation of engineering networks (if available);
• act of acceptance by bodies for the protection of cultural heritage when carrying out restoration or other work in buildings defined by Federal Law No. 73 of June 25, 2002.

Procedure for obtaining the act

The package of documents is registered with the executive authorities, after which a thorough check of the submitted forms is carried out. The volume of documents must comply with the list and requirements of Article 55 of the Civil Code of the Russian Federation. If the necessary information is missing or does not comply with legal requirements, a decision is made to “refuse to issue a permit.”

In this case, the property owner can complete the missing documents and reapply for a permit. In case of disagreement with the decision, the owner has the right to go to court.

Attention! After the documentary analysis, the construction project is checked to ensure compliance of the delivered object with the design documentation. Monitoring of compliance with the requirements specified in the urban planning plan of the land plot is also carried out. At the end of the inspection, a decision is made to issue or refuse to issue a “Decision on putting the property into operation.” The period for reviewing documents is up to 10 days.

Ownership of an apartment building

After cadastral registration, the copyright holder will have to legitimize his right to the constructed object. Registration of the right to a new object is carried out on the basis of Methodological recommendations (according to Order of the Federal Registration Service of the Russian Federation No. 113 of 06/08/2007). When registering rights, it is important for Rosrrestr to confirm the legality of the construction, i.e. submit documents confirming the object’s compliance with the requirements of regulations. For example – Permission to put a building into operation. Registration of ownership of an apartment building is carried out by registering the rights to each individual piece of real estate in it and subject to the cadastral registration of the premises.

The experience of Smart Way company specialists in the field of accounting and registration of objects according to the new rules allows us to carry out all the necessary activities in the shortest possible time and at minimal cost to you. By contacting us, you will receive all the necessary options to accompany registration actions for you, as well as discounts on additional services from the Smart Way company up to 50% of their cost.

Features of commissioning multi-apartment residential buildings

The commissioning of multi-apartment residential buildings (IZhS) is a procedure necessary to confirm the readiness of the building for the occupancy of residents, and compliance with the requirements and standards of current legislation.

Upon completion of construction, such a facility must be inspected by local construction supervision authorities based on an application from the developer. Inspectors analyze the construction process from laying the foundation to the final stages of construction work. Based on the results of the final inspection, a

(AIA) of the construction site in accordance with the requirements of technical regulations for the declared project.

Attention! According to Part 5 of Article 52 of the Civil Code of the Russian Federation, construction supervision must be carried out during the entire period of capital construction or reconstruction of the facility.

Therefore, an AIA will only be issued if there is regular supervision during construction work. If, due to the fault of the developer, there was no control, the organization has the right to refuse to issue an opinion.

If the developer makes unauthorized changes to certain parts of the property, without notifying construction supervision, the issuance of an AIA may also be refused. In this case, the developer needs to inspect the modified structures in another organization that has a license to carry out the relevant work. Upon receipt of positive survey results, construction supervision may reconsider the possibility of issuing a certificate of compliance.

Next, a special commission is created that studies the design documentation and inspects the building for compliance with construction and sanitary standards. The composition of the commission must correspond to the list specified in Article 55 of the Civil Code of the Russian Federation. The members of the commission must include employees of the Sanitary and Epidemiological Supervision Authority, the electricity supply organization and specialists responsible for fire safety. When making a decision, the commission takes into account the data from the construction supervision AIA.

To obtain a permit to put into operation an apartment building, a corresponding application is submitted to the executive authority and the necessary documents are provided.

Documentation required to obtain a permit

The list of documents, according to the Town Planning Code, includes:

• developer's statement;
• ;
• building permit;
• land ownership documents;

• 
  ;

• diagram of the location of the building on the land plot;
• technical plan;
• documents confirming the fulfillment of technical requirements. conditions and signed by energy suppliers.

After reviewing the package of documents, self-government bodies decide on issuing a permit to put the house into operation.

Commissioning in Moscow

The procedure for issuing permits for the commissioning of capital construction projects in Moscow is regulated by the Decree of the Moscow Government of April 17, 2012 No. 145-PP “On approval of Administrative Regulations for the provision of state and “issuance of permits for putting a facility into operation.”

The body authorized to provide public services in the field of commissioning OKCs in the Moscow region is the Committee for State Construction Supervision of the City of Moscow. It is worth noting that Moscow has its own special regulatory document regulating the construction industry - the Urban Planning Code of Moscow dated June 25, 2008 N 28.

All interactions related to obtaining permission to enter are carried out electronically using existing services on the official website mos.ru

Dear Clients!

The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:

8 Moscow (our address)

8 St. Petersburg (our address)

All consultations are free.

To regulate certain procedures, the Administrative Regulations for issuing permits for commissioning were adopted with the latest amendments dated December 15, 2016. It establishes that the authorized bodies in Moscow for issuing permits for commissioning are: the Moscow State Construction Supervision Committee, the Department of Natural Resources and Environmental Protection, and the Moscow Department of Cultural Heritage. It depends on who initially issued the construction (reconstruction) permit which government agency should be contacted to obtain permission to enter. It is provided that the applicant, when obtaining permission to enter, can be legal entities and individuals who are developers of OKS on land plots that belong to them by law.

To submit documents using electronic services, you must first go through the registration procedure. The Administrative Regulations establish a list of documents required for commissioning. The first and main thing is the statement. The full list of documents corresponds to that given in the Town Planning Code of the Russian Federation.

According to information on the website of the Moscow State Construction Supervision Authority, the period for issuing permission to enter will be seven working days. The Administrative Regulations indicate 10 days. The grounds for refusal to accept documents for obtaining entry permits are similar to those presented in the Civil Code of the Russian Federation, however, they are supplemented - the possibility of refusal to provide public services if electronic application forms are filled out incorrectly, discrepancies in electronic documents are also indicated.

After registering the rights to an unfinished apartment building, shareholders will be able to register rights to part of its area.

The refusal decision is issued in the form of an electronic document. Its execution “on paper” is carried out if the applicant requests it within three working days. Such a document is required, for example, when applying to court to challenge a refusal to issue an entry permit. The electronic document is signed with an enhanced electronic digital signature of the responsible official and is available in the applicant’s personal account. Suspension in issuing permission to enter a facility is not provided for by current legislation. If violations are detected, the government agency does not provide the applicant with the opportunity to correct documents.

Refusal to issue a permit

Cases of refusal to issue an entry permit are also established by the Town Planning Code of the Russian Federation and duplicated by the Administrative Regulations. We listed them earlier. It is worth noting that if the developer has partially provided the documents according to the list, and the Gosstroynadzor official has requested the missing information through interdepartmental interaction, and all this information together has discrepancies, the applicant will be denied permission to enter.

The result of applying to the Moscow State Construction Supervision Authority for permission to enter is its receipt. It is issued to the applicant in “paper form” in person or by mail. The regulations also provide for the possibility of providing an electronic document. The applicant indicates in his application the form of permission to put the facility into operation. The cost of obtaining permission to commission a facility in Moscow has not been established - that is, this service is provided free of charge.

For full interaction with applicants, including on issues of consideration of complaints against the actions of officials and the illegality of issued refusals, the regulations provide for a pre-trial procedure for appeals. The grounds for filing a complaint may be violation of deadlines for issuing a permit or refusal, payment of a fee for obtaining a permit, illegal refusal to accept documents for entry, and others. All complaints are considered by the head of the Moscow State Construction Supervision Authority, and if a complaint is filed against him, then it is considered by the Moscow Government - the Main Control Directorate of Moscow.

A complaint can be submitted in person, by mail, or using an electronic service. The period for its consideration is a maximum of 15 working days.

To draw up a technical plan, a cadastral engineer studies documents, visits the site, takes measurements, and determines coordinates. Based on these data, Rosreestr will register the property and assign a cadastral number.

What gives permission to put a facility into operation?

Many may think that obtaining permission to put a facility into operation is just a trifle, but it is not. Such a document allows the owner a lot, for example:

• fully use the facility for its intended purpose;
• draw up any transactions and agreements that directly relate to the object;
• rent out the property or sell it;
• complete all necessary documentation for real estate, etc.

Without permission, the owner will not be able to do any of the above, and in addition will receive a fine or other type of punishment for illegal construction.

A permit to put a facility into operation is a documentary confirmation that all construction work was carried out in accordance with legal requirements and is subject to a specific intended use.

There are also types of buildings for which permission to use is not required. Therefore, the owner will be able to use them for their intended purpose, immediately after construction and not contact the department. These are buildings such as summer houses, outbuildings, single-family houses, etc.

To obtain permission to put a facility into operation, it is very important to collect and submit to the department the entire package of necessary documents. If you do not do this, you may receive a refusal or the review will be delayed until the missing documentation is provided.

Commissioning in St. Petersburg

The commissioning of capital construction projects in St. Petersburg is regulated by the internal documents of the Construction Supervision Service - Administrative Regulations for the provision of public services for issuing permits for the commissioning of capital construction projects (approved by Order of the State Construction Supervision and Expertise Service of St. Petersburg dated December 30, 2016 No. 10-r ). According to this document, developers or organizations that create artificial land plots (as a special case of the construction of a special real estate facility) can apply for permission to put into operation an OKS. When applying for permission to enter a representative of the organization, he must have a power of attorney from the manager - it is drawn up in simple written form, certified by a seal and signature.

The body authorized to issue construction permits in St. Petersburg is the State Construction Supervision Service, and the State Construction Supervision Department also participates in the process of preparing permits. Organizations that are also involved in verifying information submitted to Gosstroynadzor, according to the regulations:

• Committee on Urban Planning and Architecture
• Committee of Property Relations of St. Petersburg
• Cadastral Chamber of St. Petersburg (Rosreestr)
• Department of the Federal Service for Environmental, Technological and Nuclear Supervision
• Department of Rosprirodnadzor for the Northwestern Federal District
• SPbSBU "Center for Expert and Technical Support"
• SPb State Unitary Enterprise "St. Petersburg Analytical Center"
• MFC of St. Petersburg.

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

In addition to the established procedure for submitting documents (directly to the government agency, electronic services), St. Petersburg provides the functionality of submitting by contacting the MFC. There is also the possibility of electronic appeals: in your personal account on the Gosstroynadzor website www.expertiza.spb.ru; on the government services portal www.gu.spb.ru.

All necessary documents provided in original are also submitted with copies. Corrections to documents for obtaining commissioning are not allowed if there is no entry certifying their accuracy. The regulations provide a list of refusals to accept documents and issue permission to enter. Refusal to accept documents is permitted if: the applicant refuses to submit, there is no application for permission to enter, there is no electronic signature of the applicant (when submitting documents electronically). The conditions for refusal to issue permission to enter a facility are similar to those set out in the Civil Code of the Russian Federation. This list is specified by law and public authorities have no right to go beyond it.

Commissioning of non-residential premises

To register a building with non-residential premises upon completion of construction and transfer of the finished object to the customer from the developer, it is necessary to provide certificates of completed construction work, a full package of technical documentation for the premises or buildings, including working drawings.
Our employees engage technical specialists to check the construction for compliance with all types of requirements and draw up acceptance certificates. It is possible that for commissioning you will need passports for all types of specialized equipment installed in the building. After execution of the contract for provision, the facility will be put into operation in accordance with the regulations, within a period of 15 days. When it is necessary to obtain permission to put an object into operation of non-residential premises, it is advisable to do this (to avoid repeated registration if documents and certificates lose relevance) immediately after construction or reconstruction, depending on the work being performed.

List of useful documents

Documents for download:

Nuances of issuing permits in St. Petersburg

The period for obtaining permission to put a facility into operation in St. Petersburg is 7 working days. The issuance of a commissioning permit can be issued in two ways - electronically (if documents were submitted through an electronic service), or in paper form - when applying for a permit through the MFC or the Service.

Primary control over the activities of specialists and officials of the State Construction Supervision Service is assigned to the head of the sector for issuing commissioning permits. If a dispute arises between the applicant and a government agency due to the fact that, in his opinion, the refusal to accept or issue documents was illegal, the interested party has the right to exercise his right to pre-trial resolution of the conflict.

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

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

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

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If the decision on the complaint does not satisfy the applicant, he has the right to go to court. This right is provided for cases of alternative appeal against decisions of government bodies, or based on the results of pre-trial settlement.

This diagram clearly shows the interaction of BTI institutions, Rosreestr, cadastral engineers and other structures in the inventory and accounting of real estate.

Putting a building into operation - algorithm of actions

The procedure for submitting (receiving) permission to put a facility into operation requires detailed consideration. But before this, it is necessary to highlight the stages that the customer will have to go through on the way to drawing up documents (acts, contracts and other papers) and determine the date by which permission must be received. The sequence of actions is as follows:

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According to the current order, the developer has ten days to study the plan and other documents. Upon completion (within) this period, the developer is given a refusal (with a mandatory explanation) or permitting documents for input. At the same moment, an entry is made in the registration journal indicating the date and time when the decision was issued. At the same time, a note is made in the electronic database. To receive a decision in hand, the developer must present a document that would prove his identity. If a third party comes to collect the paper, then it is mandatory to present a power of attorney certified by a notary. According to the terms of the current order of the Construction Supervision Committee (dated 2006), obtaining a document is possible within 30 days. If the paper has not been received by the developer (trusted person) within this period, then it is transferred to the archive.

Permission to enter after reconstruction of the facility

The main distinguishing components of the set of documents for obtaining permission to put into operation the OKS after reconstruction are the reconstruction project, which complies with building codes and regulations, and the technical plan for the OKS after the construction changes have been made.

After the reconstruction of a property, its changes occur, including the internal configuration, the location of support systems in the building, and facades. A new object does not appear, but the old one undergoes a significant modification. The associated legal consequences relate to the need to enter new information into the Unified State Register of Rights. The technical plan for the reconstructed facility will also be required by the State Construction Supervision authorities to check the parameters of the property after reconstruction for compliance with the project approved when issuing a permit for reconstruction.

When preparing a technical plan after reconstruction, a cadastral engineer measures the property, prepares outlines and draws up graphics. During the preparation process, the engineer also coordinates the site on the land plot. The technical plan includes all information about the object, the owner of the building, legal information, information about changes made. Based on the technical plan, Rosreestr updates information about the object in the Unified State Register of Real Estate. According to the new Federal Law No. 218 “On State Registration of Real Estate,” when entering information about changes to a real estate property during its reconstruction, the information is changed in the state cadastre and the register of rights simultaneously. In this case, payment of state duty is not expected - this applies to both legal entities and individuals.

What happens if you do not receive permission to put the facility into operation?

An owner who has begun construction work on an object without obtaining permission to do so is violating the law, and accordingly he will have to be punished, most likely it will be a fine. In addition, the owner will suffer great damages because:

• a building that was built without permission to put into operation will have to be demolished, and this is a financial loss for the owner;
• if a major construction repair of a building was carried out without permission to use it for its intended purpose, which is issued by a special supervisory authority, the owner will not be able to formalize all this with the relevant accounting authorities, and this will not allow him to use the ownership right in full;
• a building that has undergone complete reconstruction without permission to put the facility into operation will be obliged to return to its previous appearance, and the owner will be obliged to do this in a short time.

Therefore, it is better to spend a little more time and obtain permission to put the facility into operation. Thus, the owner will avoid punishment and large financial losses, and the building will be registered in accordance with the law.

Commissioning after construction

After carrying out the full range of work on the construction of a new OKS, the developer applies to Gosstroynadzor to obtain Permission to put the facility into operation. Obtaining it will not be a problem if the construction was carried out on the basis of a Permit, and the finished property corresponds to the project.

Compliance with the design of the constructed OKS will be checked by comparing it with the technical plan. The technical plan for commissioning is prepared by a cadastral engineer. The Smart Way company employs specialists of the highest level. We have experience in preparing technical plans for apartment buildings and commercial real estate, including underground parking lots.

Once the Permission to put the facility into operation is received, it is registered in the cadastral register and the rights to it are registered. It should be said that the law currently provides for the possibility of conducting cadastral registration using mechanisms of interdepartmental interaction, i.e. The technical plan may be sent by the State Construction Supervision Authority to Rosreestr. However, in practice this process is divided.

The survey report confirms that the property has lost its physical existence. After this, the object will be removed from the cadastral register and its number will be cancelled.

The procedure for putting real estate into operation

The procedure for commissioning a capital construction project is as follows.

1. Submission of documents. The application and a package of accompanying documents are transmitted digitally through the government services website.
2. Examination. The correctness of execution and completeness of the package of documents is confirmed.
3. Inspection. Employees of the supervisory authorities conduct an inspection of the structure aimed at confirming the compliance of the building’s characteristics with the values ​​​​prescribed in the project and other documents.
4. Issuance of permission to put the facility into operation. If there are no claims to the building, an approved document is drawn up.

The time for putting buildings into operation is from 15 days .

Acceptance certificate for a capital construction project

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

The Certificate of Acceptance into Operation of OKS should be distinguished from this act. Such a document is currently not provided when preparing a kit for obtaining an Entry Permit.

Preliminary prices for documents and services of our company can be found in the table below. You can find out about the exact terms of cooperation from our consultants.

Commissioning of linear facilities

Linear objects are structures whose length is many times greater than its width. This type of capital construction projects includes utility networks, roads and railways, subways, pipelines, etc. The location of such linear objects is a polyline, or broken curve. The design of this type of fixed assets is practically no different from other construction projects, although it has a number of subtleties.

Important! During the capital construction of some objects, for example, a road or a high-pressure pipeline, it is necessary to own a plot of land underneath them. In the case of work on laying underground routes or cables, they may pass under someone's land ownership.

Many linear structures have a security zone within which foreign objects cannot be built, or there are a number of other restrictions.

Commissioning documents

The process of commissioning linear structures is similar to the commissioning of other production facilities. However, due to the specifics of this type of fixed assets, in addition to the standard package of forms approved by Article 55 of the Civil Code of the Russian Federation, for linear objects it is necessary to additionally submit:

• 
  (if necessary);

• a permit document issued by environmental supervision in cases provided for in Part 7 of Article 54 of the Civil Code of the Russian Federation;
• technical construction plan in accordance with Federal Law No. 218 dated July 13, 2015;
• description of the boundaries of the security zone with a list of coordinates in electronic format, when commissioning new electric power, gas supply, transport, pipeline facilities, or communication facilities in accordance with the Federal Law (if necessary).

conclusions

• Permits for construction and commissioning are issued by Gosstroynadzor for projects for the construction of a new building or reconstruction.
• To obtain a construction permit, you need to submit design documentation and confirm its compliance with regulations.
• Permission to commission is issued after checking that the contractor will fully complete the scope of construction and has not allowed deviations from the project. The final stage of approvals will be cadastral registration and registration in Rosreestr.

Get an estimate of the cost of this service using our price calculator - here

]Smart Way[/anchor] offers a full range of services for design, support for examinations and registration of permits. Detailed information about the terms of cooperation can be obtained at a free consultation with our specialists.

Features of commissioning individual residential buildings (IZhS)

Residential buildings built at the expense of the owner’s own funds are put into operation using a simplified form. The owner only needs to present documents confirming the right of ownership of the land and the available technical documentation for construction, in accordance with Federal Law No. 93 of June 30, 2006.

Important! According to the changes dated March 1, 2021, the commissioning of individual residential buildings is not required.

Requirements for an individual residential property

When submitting documents, the constructed house must meet certain requirements:

• availability of heating;
• availability of electrical wiring and installed metering devices;
• availability of water supply;
• sewerage;
• complete finishing of all premises.

In the absence of centralized methods for connecting heating, water supply and sewerage, the structure must be provided with autonomous sources. At the time of submitting documents, the house must be suitable for habitation.

Work on power supply to non-residential premises should be carried out in two stages:

The first stage is the implementation of work in accordance with the design and estimate documentation.

Construction and installation organization:

— carries out the installation of an electrical panel (in a residential building or in separate premises) with the installation of panels for connecting non-residential premises;

— lays cables from the switchboard to non-residential premises with the installation of individual mechanization panels;

— together with the customer from Mosgosenergonadzor, receives a certificate of readiness of electrical installations of non-residential premises for commissioning.

At this stage, the owner of non-residential premises (before formalization and registration of the buyer's property rights) is the investor.

The investor or his authorized organization, if necessary:

— concludes an agreement for the operation of electrical installations of non-residential premises with a management company for a residential building or another organization that has the appropriate licenses;

— concludes a contract for electricity supply with Energosbyt of Mosenergo JSC.

The second stage is the completion of the premises by the owner (owner).

Owner of non-residential premises:

— receives technical conditions (permission) for connecting the power of non-residential premises against the reserved capacity in the MKS of Mosenergo JSC;

— receives technical conditions for organizing accounting in Energosbyt JSC Mosenergo;

— issues a permit for the use of electricity for thermal purposes in Mosgosenergonadzor;

— ensures the implementation of the electrical equipment project for non-residential premises, including the section of PPA and control systems, by a design organization that has a license for this type of activity;

— coordinates the design of electrical equipment for non-residential premises with Energosbyt of Mosenergo JSC in terms of accounting and with Mosgoenergonadzor in full;

— carries out electrical installation and commissioning work at its own expense and by a licensed organization;

— receives a certificate of approval of electrical installations for operation at Mosgosenergonadzor;

— enters into an energy supply agreement with Energosbyt of Mosenergo JSC.