TICKET #76
Question 1.
The concept and form of permission to put an object into operation, the bodies authorized to issue permission to put an object into operation. Permission to put an object into operation as the basis for state cadastral registration of the created (reconstructed) capital construction object, the basis for state registration of the right to the created capital construction object.
Article 55 of the Civil Code of the Russian Federation 1. Permission to put an object into operation is a document that certifies the completion of construction, reconstruction of a capital construction object in full in accordance with the construction permit, compliance of the constructed, reconstructed capital construction object with the town planning plan of the land plot or, in the case of construction, reconstruction of a linear facility, a territory planning project and a land surveying project, as well as project documentation.
The form of permission to enter is established by the Decree of the Government of the Russian Federation of November 24, 2005 No. 698. It should be noted that this form of document is applicable to objects completed by construction after 12/30/2004. (after the entry into force of the Town Planning Code, and before that, such a document was the act of acceptance of the object into operation.
2. In order to put the facility into operation, the developer shall apply to the federal executive body, the executive body of the constituent entity of the Russian Federation, the local self-government body or an authorized organization exercising state management of the use of atomic energy and state management in the implementation of activities related to the development, manufacture, disposal of nuclear weapons and nuclear power installations for military purposes, or the State Corporation for Space Activities "Roscosmos", which issued a construction permit, directly or through a multifunctional center with an application for issuing a permit to put the object into operation.
A permit to put an object into operation is issued to the developer if a copy of the diagram showing the location of the constructed, reconstructed, repaired capital construction object is transferred free of charge to the federal executive authority, the executive authority of the constituent entity of the Russian Federation or the local government that issued the construction permit, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot, in order to place such a copy in the information system for ensuring urban planning.
Permission to put the object into operation is the basis for state registration of the constructed capital construction object, making changes to the state accounting documents of the reconstructed capital construction object.
The permission to put the object into operation must contain information about the capital construction object in the amount necessary for its state cadastral registration. The composition of such information must comply with the requirements established in accordance with the Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre" for the composition of information in the graphic and text parts of the technical plan.
It is not required to provide a town-planning plan for a land plot to put an object into operation if a building permit was issued before the entry into force of this Code
A commissioning permit is issued by the authority that issued the construction permit (federal executive authority, executive authority of a constituent entity of the Russian Federation or local government), and is the basis for putting the constructed object on state records, as well as for amending the state accounting documents of the reconstructed object . This document must contain information about the real estate object necessary for putting the constructed object on the state register, and for the reconstructed objects - for making changes to the state accounting documents. The entry permit form is established by the Post of the Government of the Russian Federation of November 24, 2005 No. 698. It should be noted that this form of document is applicable to objects completed by construction after December 30, 2004 (after the entry into force of the Town Planning Code, and before that, such a document was the act of acceptance of the object into operation.
122-FZ of July 21, 1997, Article 25 The right of ownership to the created real estate object is registered on the basis of a document of title to the land plot on which this real estate object is located, as well as permission to put the object into operation, if in accordance with the law The Russian Federation is required to obtain such permission.
Submission of a document of title to the specified land plot is not required if, on the basis of this document, the right of the applicant (the right of the person whose representative the applicant is, if the documents for state registration are submitted by the representative) to the specified land plot was previously registered in accordance with the procedure established by this Federal Law.
Permission to put the facility into operation, if, in accordance with the legislation of the Russian Federation, such a permit is required, is requested by the body carrying out state registration of rights in the body that issued such a permit, provided that the applicant did not submit such a permit on his own initiative.
"On approval of the form of a building permit and the form of permission to put an object into operation"
Edition from 02/19/2015 - Valid from 05/16/2015
MINISTRY OF CONSTRUCTION AND HOUSING AND UTILITIES OF THE RUSSIAN FEDERATION
ORDER
dated February 19, 2015 N 117 / pr
ON THE APPROVAL OF THE FORM OF THE CONSTRUCTION PERMIT AND THE FORM OF THE PERMISSION TO COMMISSIONING THE FACILITY
1.Approve:
a) the form of a building permit in accordance with Appendix No. 1 to this order;
b) the form of permission to put the object into operation in accordance with Appendix No. 2 to this order.
2. Recognize as invalid the orders of the Ministry of Regional Development of the Russian Federation:
3. This Order shall enter into force on the date of entry into force of the Decree of the Government of the Russian Federation on recognizing as invalid the Decree of the Government of the Russian Federation dated November 24, 2005 N 698 "On the form of a building permit and the form of a permit to put an object into operation" (Collection of Legislation Russian Federation, 2005, N 48, item 5047).
Minister
M.A. LESS
BUILDING PERMIT FORM
| To whom | |
| full name of the organization - for | |
| legal entities), its postal code | |
| and address, email address)<1> |
BUILDING PERMIT
The validity of this permit is until "___" ____________ 20 ___ in accordance with ________________________________________________________________________________________________<18>
This permit has been extended until "___" ____________ 20 ___<19>
<1>Specify:
Surname, name, patronymic (if any) of a citizen, if the basis for issuing a building permit is an application of an individual;
article 54 of the Civil Code of the Russian Federation, if the basis for issuing a building permit is an application by a legal entity.
<2>The date of signing of the building permit is indicated.
<3>The building permit number assigned by the authority issuing the building permit is indicated, which has the structure A-B-C-D, where:
For federal executive authorities and the State Atomic Energy Corporation "Rosatom" at the end of the number, the symbol of such a body, the State Atomic Energy Corporation "Rosatom", determined by them independently, may be indicated.
<4>One of the listed types of construction (reconstruction) is indicated, for which a building permit is issued.
<5>The name of the capital construction object is indicated in accordance with the design documentation approved by the developer or customer.
<6>In the case of issuing construction permits for facilities in the field of atomic energy use, the data (number, date) of the license for the right to conduct work in the field of atomic energy use, including the right to construct a facility using atomic energy, shall also be indicated.
<7>Filling in is not mandatory when issuing a permit for the construction (reconstruction) of a linear facility.
<8>In the case of performance of work on the preservation of a cultural heritage object, which affects the structural and other characteristics of the reliability and safety of such an object, the cadastral number of the cultural heritage object recorded in the state real estate cadastre is indicated.
<9>The date of issue of the town-planning plan of the land plot, its number and the authority that issued the town-planning plan of the land plot are indicated (not filled in for linear objects, except as provided by the legislation of the Russian Federation).
<10>To be completed in relation to linear facilities, except for cases provided for by the legislation of the Russian Federation. The date and number of the decision on approval of the planning project and the land surveying project (in accordance with the information contained in the information systems for urban planning) and the person who made such a decision (the authorized federal executive body, or the highest executive body of state power of the constituent entity of the Russian Federation, or the head of the local administration).
<11>It is indicated by whom, when the project documentation was developed (details of the document, name of the design organization).
<12>
<13>It is filled in in case of issuing a permit for the construction of a complex object (an object that is part of the property complex) in relation to each capital construction object.
<14>
<15>The address of the capital construction object is indicated, and if available, the address of the capital construction object in accordance with the state address register, indicating the details of the assignment documents, on the change of address; for linear objects - a description of the location is indicated in the form of the names of the subject of the Russian Federation and the municipality.
<16>It is filled in only in relation to the linear facility, taking into account the indicators contained in the approved design documentation based on a positive conclusion of the examination of the design documentation. It is allowed to fill in not all columns of the section.
<17>Additional characteristics are indicated that are necessary for the implementation of the state cadastral registration of a capital construction object, including a cultural heritage object, if the design and other characteristics of the reliability and safety of such an object are affected during the preservation of a cultural heritage object.
<18>The grounds for establishing the period of validity of a building permit are indicated:
Project documentation (section);
Normative legal act (number, date, article).
<19>To be completed in case of renewal of a previously issued building permit. Not to be completed in the case of the initial issuance of a building permit.
Appendix No. 2
to the order of the Ministry of Construction and
housing and communal services
of the Russian Federation dated February 19, 2015 N 117 / pr
FORM OF PERMISSION TO COMMISSIONING THE FACILITY
| To whom | |
| (name of builder | |
| (last name, first name, patronymic - for citizens, | |
| full name of the organization - | |
| for legal entities), | |
| his zip code<1> |
PERMISSION TO COMMISSIONING THE FACILITY
| date | <2> | N | <3> |
| I. | |
| (name of the authorized federal executive body, | |
| or an executive authority of a constituent entity of the Russian Federation, or a local self-government body, | |
| responsible for issuing a permit to put the facility into operation, the State Atomic Energy Corporation "Rosatom") |
| (address of the capital construction object in accordance with the state address | |
| <6> | |
| register indicating the details of documents on assignment, change of address) |
on a land plot (plots) with a cadastral number<7>: __________________________________________________________________________________________________________________.
building address<8>: ____________________________________________________________________________________________________________________________________________________________.
In relation to the capital construction facility, a construction permit was issued, N ______________, date of issue ______________, the authority that issued the construction permit ________________________________________________________________________________________________________________________________________________________________.<9>
II. Information about the capital construction object<10>
| Name of indicator | Unit | By project | Actually | |||||||||
| 1. General indicators of the facility being commissioned | ||||||||||||
| Building volume - total | cube m | |||||||||||
| including the above ground | cube m | |||||||||||
| total area | sq. m | |||||||||||
| Area of non-residential premises | sq. m | |||||||||||
| Built-in area | sq. m | |||||||||||
| Number of buildings, structures<11> | PC. | |||||||||||
| 2. Non-production facilities | ||||||||||||
| 2.1 Non-residential facilities (objects of healthcare, education, culture, recreation, sports, etc.) | ||||||||||||
| Number of seats | ||||||||||||
| Number of rooms | ||||||||||||
| Capacity | ||||||||||||
| Number of floors | ||||||||||||
| including underground | ||||||||||||
| elevators | PC. | |||||||||||
| Escalators | PC. | |||||||||||
| Wheelchair lifts | PC. | |||||||||||
| Wheelchair lifts | PC. | |||||||||||
| Foundation materials | ||||||||||||
| Wall materials | ||||||||||||
| Floor materials | ||||||||||||
| Roof materials | ||||||||||||
| Other indicators<12> | ||||||||||||
| 2.2 Housing facilities | ||||||||||||
| The total area of residential premises (excluding balconies, loggias, verandas and terraces) | sq. m | |||||||||||
| The total area of non-residential premises, including the area of common property in an apartment building | sq. m | |||||||||||
| Number of floors | PC. | |||||||||||
| including underground | ||||||||||||
| Number of sections | sections | |||||||||||
| Number of apartments/total area, total including: | pcs/sq. m | |||||||||||
| 1-room | pcs/sq. m | |||||||||||
| 2-room | pcs/sq. m | |||||||||||
| 3-room | pcs/sq. m | |||||||||||
| 4-room | pcs/sq. m | |||||||||||
| more than 4 rooms | pcs/sq. m | |||||||||||
| The total area of residential premises (including balconies, loggias, verandas and terraces) | sq. m | |||||||||||
| Networks and engineering systems | ||||||||||||
| elevators | PC. | |||||||||||
| Escalators | PC. | |||||||||||
| Wheelchair lifts | PC. | |||||||||||
| Foundation materials | ||||||||||||
| Wall materials | ||||||||||||
| Floor materials | ||||||||||||
| Roof materials | ||||||||||||
| Other indicators<12> | ||||||||||||
| 3. Production facilities | ||||||||||||
| Name of the capital construction object, in accordance with the project documentation: | ||||||||||||
| Object type | ||||||||||||
| Power | ||||||||||||
| Performance | ||||||||||||
| Networks and engineering systems | ||||||||||||
| elevators | PC. | |||||||||||
| Escalators | PC. | |||||||||||
| Wheelchair lifts | PC. | |||||||||||
| Foundation materials | ||||||||||||
| Wall materials | ||||||||||||
| Floor materials | ||||||||||||
| Roof materials | ||||||||||||
| Other indicators<12> | ||||||||||||
| 4. Linear objects | ||||||||||||
| Category (class) | ||||||||||||
| Length | ||||||||||||
| Power (throughput, freight turnover, traffic intensity) | ||||||||||||
| Diameters and number of pipelines, characteristics of pipe materials | ||||||||||||
| Type (CL, VL, KVL), voltage level of power lines | ||||||||||||
| List of design elements that affect safety | ||||||||||||
| Other indicators<12> | ||||||||||||
| 5. Compliance with the requirements of energy efficiency and the requirements for equipping with metering devices for the energy resources used<13> | ||||||||||||
| Building energy efficiency class | ||||||||||||
| Specific consumption of thermal energy per 1 sq.m, area | kW*h/m2 | |||||||||||
| Insulation materials for external enclosing structures | (signature) | (full name) | ||||||||||
<1>Specify:
Surname, name, patronymic (if any) of a citizen, if the basis for issuing a permit to put the facility into operation is the application of an individual;
Full name of the organization in accordance with Article 54 of the Civil Code of the Russian Federation, if the basis for issuing a permit to put the facility into operation is an application from a legal entity.
<2>The date of signing the permission to put the object into operation is indicated.
<3>The number of the permit to put the facility into operation is indicated, assigned by the authority issuing the permit to put the facility into operation, which has the structure A-B-C-D, where:
A - the number of the subject of the Russian Federation, on the territory of which it is planned to build (reconstruct) a capital construction facility (two-digit).
If the object is located on the territory of two or more constituent entities of the Russian Federation, the number "00" is indicated;
B - registration number assigned to the municipality, on the territory of which it is planned to build (reconstruct) a capital construction facility. If the object is located on the territory of two or more municipalities, the number "000" is indicated;
B - the serial number of the building permit assigned by the authority issuing the building permit;
Y - year of issuance of the building permit (in full).
The component parts of the number are separated from each other by a sign. Numeric indices are denoted by Arabic numerals.
For federal executive authorities and the State Atomic Energy Corporation "Rosatom", the end of the number may indicate the symbol of such a body, the State Atomic Energy Corporation "Rosatom", determined by them independently.
<4>One of the listed types of objects is left, for which a permit is issued to put the object into operation, the other types of objects are crossed out.
<5>In the case of issuing a permit to put nuclear facilities into operation, the data (date, number) of the license for the right to conduct work in the field of the use of atomic energy, including the right to operate the nuclear facility, shall be indicated.
A permit for putting into operation of the construction phase is issued if a permit for the construction of the construction phase of the capital construction object was previously issued.
The cadastral number is indicated in relation to the reconstructed object recorded in the state real estate cadastre.
<6>The address of the capital construction object is indicated, and if available, the address of the capital construction object in accordance with the state address register, indicating the details of the documents on assignment, on changing the address; for linear objects - the address is indicated, consisting of the names of the subject of the Russian Federation and the municipality.
<7>The cadastral number of the land plot (land plots) on which (which), above or under which (which) the building, structure is located is indicated.
<8>It is indicated only in relation to capital construction facilities, the construction permit for which was issued before the entry into force of the Decree of the Government of the Russian Federation of November 19, 2014 N 1221 "On Approval of the Rules for Assignment, Change and Cancellation of Addresses" (Collected Legislation of the Russian Federation, 2014, N 48 , item 6861).
<9>The details (date, number) of the building permit are indicated in accordance with the information contained in the information systems for ensuring urban planning activities.
<10>Information about the capital construction object (in relation to linear objects, not all sections of the section are allowed to be filled in).
The column "Name of the indicator" indicates the indicators of the capital construction object;
in the column "Unit of measurement" the units of measurement are indicated;
in the column "For the project" the indicator is indicated in certain units of measurement corresponding to the project documentation;
in the column "Actual" the actual indicator is indicated in certain units of measurement, corresponding to the project documentation.
<11>The number of buildings and structures put into operation in accordance with the decision must correspond to the number of technical plans, information about which is given in the line "Permission to put the facility into operation is invalid without a technical plan."
<12>Additional characteristics of a capital construction object, a cultural heritage object are indicated, if the design and other characteristics of the reliability and safety of such an object, which are necessary for the implementation of state cadastral registration, are affected during the work to preserve the cultural heritage object.
<13>With regard to linear objects, it is allowed to fill in not all columns of the section.
<14>It is indicated:
date of preparation of the technical plan;
surname, name, patronymic (if any) of the cadastral engineer who prepared it;
number, date of issue of the qualification certificate of the cadastral engineer, executive authority of the constituent entities of the Russian Federation that issued the qualification certificate, date of entering information about the cadastral engineer in the state register of cadastral engineers.
If a decision is made to put into operation several buildings, structures, information on all technical plans of the created buildings, structures is provided.
Hi all! Recently, I told you how to issue a building permit, and today I will introduce you to a permit to put an object into operation.
Without this document, you will not be able to take ownership of the constructed object, well, unless it is an object of an individual residential building. It can still be issued according to a simplified scheme without issuing permission to enter.
What it is
The definition is given in Part 1 of Art. 55 GRK RF:
Permission to enter is practically the last document regarding construction. The next step is to formalize the ownership. After receiving this document, you can safely begin to operate the facility.
And if you begin to operate the facility before obtaining permission to enter, then you face an administrative penalty in accordance with Part 5 of Art. 9.5 of the Code of Administrative Offenses of the Russian Federation:
How to issue
Let's first figure out who issues this document. And for this we need to turn to Part 2 of Art. 55 GRK RF:
Basically, the permission to put the object into operation is issued by the same authority that issued you the building permit earlier.
We have decided who to contact, and now we will analyze what documents need to be prepared.
To draw up a document, it is necessary to collect a certain list of papers, namely:
Click on the picture to enlarge
- The very first thing is to complete the application form. You can download the application form at the end of the article.
- The second is papers on the land plot. It's either a lease or ownership.
- The third is GPZU, or PPT or PMT. About, I already wrote on the blog. To do this, follow the links and read the articles.
- The fourth is a building permit. I also wrote about this, here is the article "".
- The fifth is the act of acceptance of the capital construction object. I also wrote about him in this article "".
- The sixth is documents confirming the compliance of the constructed, reconstructed capital construction facility with the technical specifications and signed by representatives of organizations operating engineering and technical support networks (if any) (the document is submitted by the applicant independently).
- The seventh and eighth are the documents that I reviewed in the article "".
- The ninth is a diagram showing the location of the constructed, reconstructed capital construction facility, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot and signed by 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 an agreement), with the exception of cases of construction, reconstruction of a linear facility (the document is submitted by the applicant independently).
- The tenth is the conclusion from the GOS body. You can read about this document in this article "".
- Eleventh is a special document, which I talked about in a recent article "".
- The twelfth is the technical plan of the facility.
- You can read about the thirteenth document in the article "".
Well, here we figured out what documents are needed to obtain an entry permit. For more details, see the list in Part 3 of Art. 55 GRK RF.
The documents specified in paragraphs 2, 3, 4 and 10 of this article may not be provided. The authority issuing the permit must request them independently from the subordinate authorities.
It should be noted that there is one feature, which is indicated in Part 4 of Art. 55 GRK RF:.
Friends, subscribe to the blog, share the article in the comments - this is very important for me!
P.p.s. Friends, I also want to recommend you "Generator and additional documentation - Generator-ID" from the site ispolnitelnaya.com. The program is so simple and effective that it will save a lot of time. I advise everyone to take a look!!!
Before sending an electronic application to the Ministry of Construction of Russia, please read the rules of operation of this interactive service set out below.
1. Electronic applications in the field of competence of the Ministry of Construction of Russia filled in in accordance with the attached form are accepted for consideration.
2. An electronic appeal may contain a statement, complaint, proposal or request.
3. Electronic appeals sent through the official Internet portal of the Ministry of Construction of Russia are submitted for consideration to the department for working with citizens' appeals. The Ministry provides an objective, comprehensive and timely consideration of applications. Consideration of electronic appeals is free of charge.
4. In accordance with the Federal Law of May 2, 2006 N 59-FZ "On the procedure for considering applications from citizens of the Russian Federation", electronic applications are registered within three days and sent, depending on the content, to the structural divisions of the Ministry. The appeal is considered within 30 days from the date of registration. An electronic appeal containing issues, the solution of which is not within the competence of the Ministry of Construction of Russia, is sent within seven days from the date of registration to the appropriate body or the appropriate official, whose competence includes resolving the issues raised in the appeal, with notification of this to the citizen who sent the appeal.
5. An electronic appeal is not considered when:
- the absence of the name and surname of the applicant;
- indication of an incomplete or inaccurate postal address;
- the presence of obscene or offensive expressions in the text;
- the presence in the text of a threat to the life, health and property of an official, as well as members of his family;
- using a non-Cyrillic keyboard layout or only capital letters when typing;
- the absence of punctuation marks in the text, the presence of incomprehensible abbreviations;
- the presence in the text of a question to which the applicant has already received a written answer on the merits in connection with previously sent appeals.
6. The response to the applicant of the appeal is sent to the postal address specified when filling out the form.
7. When considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent. Information about the personal data of applicants is stored and processed in compliance with the requirements of Russian legislation on personal data.
8. Appeals received through the site are summarized and submitted to the leadership of the Ministry for information. The answers to the most frequently asked questions are periodically published in the sections "for residents" and "for specialists"
