Creating a register of construction specialists - we adopt foreign experience

Gusevsky Andrey Anatolyevich

The level of competence of engineers admitted to the management of construction will increase

Today in the construction "backstage" there is a lot of talk about the data bank of specialists (national registry), which will begin to operate on July 1, 2017. The idea of ​​creating LDCs is not new, and as usual, came to us from the most developed countries. Its essence is that an engineer who is not registered in such a register will not be able to carry out design or direct construction management.

In this article we will discuss the pros and cons of this innovation, we will tell you exactly which specialists should be registered in this list, and try to figure out how difficult it will be for them to do this.

What are the innovations

The decision to create a builders' bank arose on the basis of Federal Law 372 adopted last summer. This document made many changes to the regulations for the activities of self-regulatory organizations (SROs), concerning not only design, new construction and major repairs, but also engineering surveys that preceded it. Changes have also been made to the Civil Code of the Russian Federation (Town Planning Code).

NOSTROY - initiator of registry creation

So:

• new rules will be effective starting July 1. First of all, their requirements will relate to construction contracts concluded with technical customers or developers.
• Now, construction and major repairs can only be carried out by individual entrepreneurs and legal entities that are members of SROs.
• The process of performing work under such contracts at the facility is provided by a specialist whose position is called: chief engineer. Accordingly, this specialist is the first candidate for inclusion in the national registry.
• In general, Law 372, which we mentioned, determines the need to add at least two engineers from each such organization to the LDCs.
• In most European countries, a construction engineer should not only be listed in a state data bank, but also pass a test or demonstration exam before that.

Note! We limited ourselves to registration - and thanks for that. From July 1, all territorial associations, which include construction organizations, will be required to publish their registers and post data on specialists in them.

Requirements for Specialists

Everyone can not register in the national registry. 55.5 / 1 paragraph of the article of the Civil Code of the Russian Federation, imposes certain requirements on specialists in the field of construction.

Don't get into the LDCs right from the student bench

The specialist will be refused registration in such cases:

• If non-compliance with the requirements indicated in the table is established;
• Identification of the fact of submission of documents with false information;
• Recorded and outstanding convictions for intentionally committed crimes;
• An unfair attitude to official duties revealed earlier, and an exception from the register prior to the filing date of a new application for a period of less than two years.

Excluded from LDCs, specialist data will be on such grounds:

• The statement of the person involved;
• Statement of the organization in connection with the death of a specialist;
• Based on the appeal of the organization in which he works, which submitted a court decision confirming that through the fault of the specialist, the SRO had to make compensation payments;
• At the request of the organization, confirming the fact of double bringing the specialist to administrative responsibility for violations related to the design or construction work;
• If, through the fault of such an engineer or architect, the organization (legal entity or individual entrepreneur) is included in the list of unscrupulous performers;
• Expiration of the period permitting work in the Russian Federation for foreign specialists.

What is the need for a registry?

Any innovations raise a lot of questions - and the organization of a data bank of construction specialists is no exception. The reason for their occurrence was the lack of a package of legal norms, because of which the law can be interpreted at its discretion. In March of this year, the Ministry of Construction was to publish an order that would determine the procedure for maintaining the register, but so far there is only a draft of such an order.

Each of us has a completely natural question: "Why is this registry needed, and what is its target audience?"

Who will use the registry?

First of all, technical customers and developers who are “vitally” interested in having a knowledgeable and experienced person to manage the design or construction of their facility will use such a data bank. Information about specialists may be needed by the bodies that carry out construction control at the state level, as well as organizations conducting tenders under the Federal Law 44.

As it will be

LDCs will contain open and closed information. Data that was discussed in the previous chapter will be open to all registry users.

• In addition, it will be an individual number assigned by the register, the name of the federal district and region, the qualification of the specialist, and his status, in which there can be only two options: “Valid” or “Excluded”.
• As for the closed part, this will be information on the personal documents of the registered individual, as well as information about his employer.
• To exchange information from LDCs with other registries: members of SROs and NOCs (independent assessment of qualifications), it will provide an interface for your personal account. Or, each self-regulatory organization will have such offices.

Accordingly, SROs are vested with the right to accept applications and documents from individuals applying for inclusion in the national registry. This will allow each organization to more effectively exercise control over the actions of its employees.

Registration Procedure

Individuals applying for registration in the national registry will need to submit the following package of documents:

• Application of the applicant to include information about him in the data bank;
• A notarized copy of the diploma of the required education;
• A copy of the work book, also notarized, which confirms the existence of the necessary experience;
• A copy of the certificate issued no earlier than the last five years, confirming the fact of advanced training in the field of construction;
• Certificate of no criminal record;
• For foreigners - a work permit;
• A copy of the current employment contract in the field of construction.

To exclude the possibility of entering the same person twice in the register, it is proposed to add the TIN and SNILS to the general list.

It starts with a statement

Entry into the register will be phased. First, an organization submits a statement on behalf of a specialist who is a member of an SRO or an applicant for membership.The application goes either to the SRO or directly to NOSTROY.

Until May, all information is collected and verified by these organizations, after which all documents will still be checked by a special commission of the LDCs. It will take three days, after which a decision will be made.

Note! There are only three possible solutions:

• Entering data into the register within 14 days;
• Return of the application in connection with identified non-conformities;
• Deferral of consideration for 7 days due to lack of documents.

At the last stage, when a positive decision is made, the documents will undergo in-depth checks for falsification. The authenticity of the education will be checked by means of requests to the issuing institution. The experience will be checked by means of inquiries to the Federal Tax Service, Incorporation, etc. If the correctness of all data about a specialist is confirmed, information about him is entered into the registry.

Where does the road lined with good intentions lead?

As usual, people do not know what to expect from this or that innovation. So in the case of the organization of a national data bank on construction specialists, they speak only of impending difficulties.

• First of all, these are considerable financial costs, which, according to the most conservative estimates, will amount to at least a billion rubles for builders. Note that only those costs that were accountable were taken into account.
• First of all, this is the services of notaries - for each package of certified documents they will be paid at least 2000 rubles. This includes payment for cellular communications, and the cost of registered mail with a notification, which will cost 450-500 rubles.
• But a person often needs to go for this - and in some regions and fly to another city, so there will be transport costs or gasoline, which are not amenable to accounting.
• About 120,000 construction organizations operate in the Russian Federation, each of which, according to the new rules, must register at least 2 employees. Even without the verification prescribed by the regulations, the SRO and NOSTROY workers will have to do a titanic work.
• By the way, these organizations will also have to fork out: hiring additional specialists, organizing jobs for them, creating archives for storing the collected documentation, and much more. According to preliminary estimates, these costs will amount to about 20 million. rubles.

Without software, deadlines cannot be met

Therefore, there is great confidence that the LDCs will not work within the time period established by law, that is, from July 1, 2017. Firstly, the software has not yet been created for him, and secondly, the Ministry of Construction is late in adopting the necessary regulatory acts.

All this is fraught with the fact that construction companies, whose chief engineers or architects are not in the national registry, will not be able to participate in tenders for construction and design, to conduct tenders and procurements.

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