Opening of the construction company: what one should know

In a number of cases opening of the construction company is accompanied not only by state registration of the legal entity, but also entry in the self-regulatory organization (hereinafter referred to as the SRO).

SRO changed licensing of construction activity and in present membership in the SRO certifies legitimacy of engagement into construction activity.

Who can become a member of the SRO?

First is should be noted that the following can get membership in the SRO:

- legal entities;

- foreign legal entities;

- individual entrepreneurs,

Second, in order to get membership these persons shall comply with the following:

- requirements to issue of the certificates of authorization for works, which affect safety of capital construction objects;

- settlement of the questions on issue of the certificates of authorization for these works shall be referred to the sphere of activity of the specific SRO.

So, not all legal entities/individual entrepreneurs shall get membership in the SRO for engagement into construction activity, but only those the types of works of which affect safety of capital construction objects. Consequently, other types of construction works can be performed without getting membership in the SRO.

The list of types of works on engineering surveys, on preparation of design documents, on construction, reconstruction, capital repair of capital construction objects, which affect safety of capital construction objects, approved by the Order of the Ministry for Regional Development of Russia No 624 dated 30.12.2009.

The question of determination of the list of types of works, which affect safety of capital construction objects, is referred to the exclusive competence of the general meeting of members of the specific SRO. That is why the general meeting of members of the can determine any list of types of works from the number of types of works, contained in the List, approved by the Order of the Ministry for Regional Development of Russia No 624 dated 30.12.2009.

This means that an individual entrepreneur or legal entity can be the members of several SRO simultaneously, correspondingly, depending on the types of construction works. The Civil Code of the Russian Federation says expressly that an individual entrepreneur or legal entity is entitled to have a certificate of authorization for the certain type of works, affecting safety of capital construction objects, issued only by one SRO.

As it is said in the Civil Code of the Russian Federation, a requirement can be presented to issue of the certificates of authorization on availability of the property, required for fulfillment of the corresponding works, on achievement of positive results of verification of qualification of individual entrepreneurs, employees of individual entrepreneurs, employees of legal entities.

Minimum requirements to issue of the certificates of authorization for works, which affect safety of capital construction objects, include, among other things, requirement on availability of employees having higher education or secondary professional education of the corresponding profile for fulfillment of certain types of works, which affect safety of capital construction objects.

Within 30 days after the day of receipt of the required set of documents the SRO shall check them and take a decision on admission of the applicant to the members of the SRO  or rejection in admission with indication of reasons.

The decision on admission to the SRO or decision on rejection in admission to the SRO shall be sent or delivered to the applicant, respectively. Omission of the SRO can be appealed to the arbitration court.

The Certificate of authorization for certain type or types of works, affecting safety of capital construction objects, shall be issued to the person, admitted  to the members of the SRO. The form of the Certificate of authorization for certain type or types of works, which affect safety of capital construction objects is approved by the Order of the Federal Service for Environmental, Technological and Atomic Supervision No 356 dated 05.07.2011.

This Certificate confirms authorization for works, affecting safety of capital construction objects, is confirmed by the certificate, issued by the SRO.

The period of issue of this Certificate shall make three days after the decision is taken on admission and payment of the entrance fee and fee to the compensation fund of the SRO by the admitted person.

Establishment of the amount of the entrance and regular membership fees and order of their payment, as well as amounts of the fee to the compensation fund of the SRO shall be referred to the competence of the general meeting of its members. 

 

©The material is prepared by Gavrilova S.V., expert lawyer of «RosCo»

May 12, 2014

Date of foundation
company «ROSCO»
2004
Membership in professional organizations:
SRO NP «Audit Chamber of Russia»
(Certificate No 1809 dated 28.12.2009)
Chamber of Tax
Consultants
(Certificate No 78)
NP «Partnership of RSE»
(Russian Society of Evaluators)
Membership in public association:
Moscow Chamber
of Commerce and Industry
(Certificate No 123-973 dated 21.12.2009)
Non-Profit
Partnership of Turkish Entrepreneurs (RTIB)
Ratings:
A++1+++1++[%]
(as per the results of 2009 -
А++1+++1+[%])
Company
is included in the register of reliable enterprises of Moscow
Certificates of conformity:
Certificate of conformity to the requirements of GOST R ISO 9001-2008 (ISO 9001:2008)
Professional
liability
is insured