The Problem Of Competence In The Construction Of SRO
The subject of the institute self-regulation in the field of construction, based on the provisions of the Town Planning Code and the bylaws governing the activities of cpo in the building, is a professional business activities in the field of engineering surveys, architectural design (SROs in the design), construction, reconstruction and overhaul of capital construction affecting the security of capital construction, as well as high-risk, technically complex and unique objects. Order of the Ministry of Regional Development on 30 December 2009 N 624, with effect from 1 July 2010, details the competence of cpo through the establishment of specific types of work, implementation of which requires the participation of entrepreneurs, performing them in SROs. Thus, the competence of the sro in the building is defined and severely limited. For the purposes of self-assigned only a limited, though important and essential, part of the entrepreneurs in the construction industry. Unfortunately, it is not clear that the legislators meant by influence of the work on the safety of the formulation adopted by the legislator is not entirely correct. In addition, no clear criteria concerning these or other types of works to works affecting the security of capital construction.
The legislator does not give any explanation on why the same type of work performed on specific objects, is important for security, but on the other – has no effect (for example, the device is ventilated facades the construction of the airport affects the security of the building, and the safety of low-rise residential homes – not). In addition, according to the list of types of work is the responsibility of cpo in the construction of only If their performance on high-risk, technically complex and unique objects, which contains an exhaustive list of Urban Development Code of the Russian Federation. Noteworthy are important caveats in the Order N 624, significantly narrowing competence of the sro in the building within the specified types of work. In particular, it is noted that the jurisdiction of SROs shall not apply to the following works: if their implementation does not require a building permit, and also in respect of individual sites of housing (detached houses with the number of floors not more than three intended to stay no more than two families), residential buildings with number of floors no more than three, consisting of several units, whose number does not exceed ten, and each designed for one family, has common wall with no openings to the adjacent neighboring blocks, is located on parts of the land and has access to common areas (houses locked building); apartment buildings with a number of floors not more than three, consisting of several block sections, the number of not exceeding four, each of which are several apartments and common areas and each has a separate entrance with access to common areas. This is a huge amount of objects, and respectively, and construction activities. It turns out that the same kinds of work can influence and at the same time not affect the security of capital construction. Construction of three storey residential house subject entrepreneurial activity remains virtually unregulated, because cpo activities of such entity nepodvedomstvenna and Licensing revoked. Number of subjects, performing the work, 'carved out competence 'in the construction of sro, it is impossible to calculate. Reduction of competence sro does not meet the objectives of the abolition of the Institute for licensing – increased responsibility of businesses to consumers of their services, keeping control and improve the quality of professional work in the field of construction, etc.