What is SRO in simple terms? Types of SRO work - why are SROs needed and does everyone need to join a self-regulatory organization. What rights does the SRO have?

Since the abolition of licensing for engineering surveys, design and construction of buildings and structures, the heads of many construction companies are puzzled by the question of the need to join an SRO and the possibility of working without one.

There is a lot of information on this issue, and on the Internet it is often either false or presented in such a way that there are even more questions than concrete answers.

Summarizing the available information and relying strictly on current legal norms, we will try to provide our commentary on this question in an accessible form in such a way that each applicant can answer it independently.

So, the main regulatory documents regulating this topic are:

Town Planning Code of the Russian Federation (Part 17, Article 51; Article 48.1)
Order No. 624 of the Ministry of Regional Development of the Russian Federation dated December 30, 2009.
Letter of the Ministry of Regional Development dated June 15, 2010 N 24099-RP/08

Membership in SRO is NOT needed when it comes to:

1) About individual housing construction, i.e. free-standing residential buildings, with the number of floors no more than three and intended for residence of no more than two families in each house;

2) On the construction of residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family. These houses have a common wall(s) without openings with the adjacent block(s). They are located on separate plots of land and have access to the territory common use(blocked residential buildings);

3) About construction apartment buildings with a number of floors of no more than three, consisting of one or more block sections, the number of which does not exceed four. Each block section contains several apartments and common areas. Each block section has a separate entrance with access to the common area;

4) On the construction of a garage on a land plot provided to an individual for purposes not related to the implementation entrepreneurial activity, as well as about construction on a land plot provided for gardening and dacha farming;

5) On the construction and reconstruction of objects that are not objects capital construction(kiosks, awnings and others);

6) About the construction of buildings and structures for auxiliary use on the land plot;

7) On changes to capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety and do not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations;

8) On the performance of the following types of work during construction, reconstruction and major repairs of capital construction projects*:

1.1. Marking work during construction< * >
1.2. Geodetic control of the accuracy of geometric parameters of buildings and structures< * >
2.1. Dismantling (dismantling) of buildings and structures, walls, ceilings, flights of stairs and other structural and related elements or parts thereof< * >
2.2. Construction of temporary: roads; platforms; engineering networks and structures< * >
2.4. Installation and dismantling of inventory external and internal scaffolding, technological waste chutes< * >
3.1. Mechanized soil development< * >
3.5. Soil compaction with rollers, soil compactors or heavy rammers< * >
9.1. Construction of building structures and structures made of natural and artificial stones, including cladding< * >
9.2. Construction of brick structures, including those with cladding< * >
9.3. Construction of heating stoves and hearths< * >
11.1. Installation, strengthening and dismantling of structural elements and enclosing structures of buildings and structures, including glued structures< * >
11.2. Assembly of residential and public buildings from factory-produced parts< * >
12.3. Protective coating with paints and varnishes< * >
12.11. Pipeline thermal insulation work< * >
13.1. Installation of roofs made of piece and sheet materials< * >
13.2. Installation of roofs from roll materials< * >
13.3. Installation of self-leveling roofs< * >
14.1. Surface cladding with natural and artificial stones and linear shaped stones< * >
14.2. Installation of ventilated facades< * >
15.1. Installation and dismantling of water supply and sewerage systems< * >
15.2. Installation and dismantling of the heating system< * >
15.4. Installation and dismantling of the ventilation and air conditioning system< * >
15.5. Power supply system design< * >
15.6. Installation of electrical and other networks for controlling life support systems of buildings and structures< * >(see text in the previous edition)
20.1. Construction of power supply networks with voltage up to 1 kV inclusive< * >
20.13. Installation of external communication lines, including telephone, radio and television< * >
23.5. Installation of compressor units, pumps and fans< * >
23.6. Installation of electrical installations, equipment, automation and alarm systems< * >
23.24. Installation of equipment for food industry enterprises< * >
23.27. Installation of equipment for cinematography enterprises< * >
23.28. Installation of equipment for electronics and communications industry enterprises< * >
23.29. Installation of equipment for healthcare institutions and medical industry enterprises< * >
23.30. Installation of equipment for agricultural production, including fish processing and fish storage< * >
23.31. Installation of enterprise equipment consumer services and public utilities< * >
23.33. Installation of communication facilities equipment< * >
24.7. Commissioning of automation in power supply< * >
24.10. Commissioning of automation systems, alarm systems and interconnected devices< * >
24.11. Commissioning of autonomous systems adjustment< * >
24.12. Commissioning works for complex adjustment of systems< * >
24.13. Commissioning of telemechanics equipment< * >
24.14. Setting up ventilation and air conditioning systems< * >
24.18. Commissioning of refrigeration units< * >
24.21. Commissioning works of hot water heating boilers< * >
24.22. Commissioning of boiler and auxiliary equipment< * >

As well as work performed by a general contractor (work on organizing construction, reconstruction and major repairs by a legal entity or individual entrepreneur engaged by a developer or customer on the basis of a contract), performed at the following facilities:

33.1.8. Light industry enterprises and facilities< * >
33.1.9. Food industry enterprises and facilities< * >
33.1.10. Enterprises and facilities of agriculture and forestry< * >
33.2.7. Enterprises and public transport facilities< * >

9) On performing the following types of work during preparation project documentation for capital construction projects*:

4.3. Project preparation work internal systems power supply< * >
4.4. Work on preparing projects for internal low-current systems< * >
8. Work on the preparation of construction organization projects, demolition and dismantling of buildings and structures, extension of service life and conservation< * >

10) On the performance of the following types of work as part of engineering and environmental surveys*:

4.5. Study of vegetation, fauna, sanitary-epidemiological and medical-biological studies of the territory< * >

* Types of work marked with “< * >» do not require obtaining a certificate of admission when performing them on general construction sites. When carrying out work marked with the sign "< * >» at particularly dangerous, technically complex and unique sites listed in Article 48.1 of the Urban Planning Code of Russia, it is necessary to join an SRO and obtain a certificate of admission to these works. Particularly dangerous and technically complex objects include:

1) facilities using atomic energy (including nuclear installations, storage facilities for nuclear materials and radioactive substances, storage facilities for radioactive waste)

2) hydraulic structures of the first and second classes, installed in accordance with the legislation on the safety of hydraulic structures

3) communication structures that are especially dangerous and technically complex in accordance with the law Russian Federation in the field of communications

4) power lines and other power grid facilities with a voltage of 330 kilovolts or more

5) space infrastructure facilities

6) aviation infrastructure facilities

7) infrastructure facilities railway transport common use

8) subways

9) sea ports, with the exception of specialized sea ports intended for servicing sports and pleasure vessels

10) thermal power plants with a capacity of 150 megawatts and above

11) cable cars

12) hazardous production facilities subject to registration in the state register in accordance with the legislation of the Russian Federation on industrial safety of hazardous production facilities:

a) hazardous production facilities of hazard classes I and II, where hazardous substances are produced, used, processed, generated, stored, transported, and destroyed

b) hazardous production facilities where melts of ferrous and non-ferrous metals, alloys based on these melts are produced, transported, used, using equipment designed for a maximum amount of melt of 500 kilograms or more

c) hazardous production facilities where mining operations are carried out (except for the extraction of common minerals and the development of alluvial mineral deposits carried out by open method without the use of blasting), work on mineral processing.

Unique objects include capital construction projects, the design documentation of which provides for at least one of the following characteristics:

1) height more than 100 meters

2) spans of more than 100 meters

3) the presence of a console of more than 20 meters

4) deepening of the underground part (in whole or in part) below the planning level of the ground by more than 15 meters

To summarize, we come to the conclusion that the list of works for which you do not need to join an SRO is quite extensive. If among this list you do not find the types of activities that you are engaged in, then you definitely need to obtain a certificate of admission to work.

This article was relevant before it came into force new edition Town Planning Code of the Russian Federation dated July 1, 2017.

For getting up-to-date information contact us for a free consultation
by phone: +7-911-943-45-89
or by e-mail [email protected]

Today, with our help (in 2-3 days), you can receive an extract from the register of members:

(we work with the following constituent entities of the Russian Federation: Moscow, Moscow region, St. Petersburg, Leningrad region, Krasnodar region(Krasnodar, Sochi, Novorossiysk, Armavir), Republic of Adygea (Adygea, Maykop), Karachay-Cherkess Republic (Cherkessk), Republic of Crimea (Simferopol), Sevastopol, Sverdlovsk region (Ekaterinburg, Nizhny Tagil, Kamensk-Uralsky, Pervouralsk), Kurgan region (Kurgan), Republic of Tatarstan (Kazan, Naberezhnye Chelny, Nizhnekamsk, Almetyevsk), Republic of Sakha (Yakutia, Yakutsk), Magadan region (Magadan), Chukotka Autonomous Okrug (Anadyr), Nizhny Novgorod region (Nizhny Novgorod, Dzerzhinsk, Arzamas), Irkutsk region (Irkutsk, Bratsk, Angarsk), Voronezh region (Voronezh), Vologda region (Vologda, Cherepovets), etc.)
If the subject is not specified, check the possibility of obtaining an SRO in your region
(for all subjects of the Russian Federation)
(for all subjects of the Russian Federation)

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For business representatives, it is certainly preferable to have a situation where they themselves, without direct government intervention, establish the “rules of the game,” determine sanctions for violating them, and create mechanisms for resolving conflicts. This is why self-regulatory organizations (SROs) are created. The potential benefits of creating them are obvious. Firstly, self-regulatory norms, as a rule, are more flexible than those established by the state, they are more easily adapted to changing circumstances, and allow gaps in legislation to be quickly filled.

Secondly, it is easier for market participants to influence self-regulatory organizations than government agencies.

Thirdly, conflict resolution with the participation of an SRO usually costs the parties less and takes less time than court proceedings. Indeed, in this case, dispute resolution procedures are better adapted to the conditions of a specific business area and the peculiarities of interaction between market participants than a general civil court, and the sanctions applied by self-regulatory organizations cause less rejection than those coming from the state.

The state itself, by transferring some of its functions to self-regulatory bodies, saves budget funds.

Finally, the creation of self-regulatory organizations enhances the transparency of business and has a positive effect on public attitudes towards it.

In theory, these considerations are enough for entrepreneurs to decide to take power into their own hands and begin to unite in SROs. However, we must remember that in Russia reforms, as a rule, are carried out “from above”, and many market participants thought about self-regulation only after the state made it impossible to continue activities in a number of industries without joining an SRO. More details about this below.

Legislation on SRO

Law of the Russian Federation No. 315 Federal Law “On Self-Regulatory Organizations” was adopted on December 1, 2007, according to it SRO is recognized non-profit organization, created in accordance with the Civil Code of the Russian Federation and Federal Law of January 12, 1996 No. 7 Federal Law “On Non-Profit Organizations”, subject to its compliance with certain requirements:

association of entrepreneurs and legal entities working in the same industry, or individuals engaged in one type professional activity;
the number of members is not less than established by federal legislation;
the presence of standards and rules of business or professional activity that are mandatory for all members of the organization;
ensuring the property liability of members of the organization to consumers of goods, works or services produced and other persons.
This law does not apply to all self-regulatory organizations. The existence of self-regulatory organizations in the field of advertising is established by Art. 28 of the Federal Law of July 18, 1995 No. 108 Federal Law “On Advertising”. In this law, organizations of this type are called “self-regulatory bodies.”

Law of July 29, 1998 No. 135 Federal Law “On Valuation Activities in the Russian Federation” establishes legal basis activities of self-regulatory organizations according to the text of the law in the field of appraisal activities. Activities of self-regulatory organizations in the field audit activities regulated by Federal Law of August 7, 2001 No. 119 Federal Law “On Auditing Activities”. Although this law does not use the term “self-regulation,” professional audit associations, in essence, perform the functions of such organizations.

Legal basis for the activities of self-regulatory organizations in the market valuable papers are: Federal Law of April 22, 1996 No. 39 FZ “On the Securities Market” and Resolution of the Federal Commission for the Securities Market dated July 1, 1997 No. 24 “On approval of the Regulations on self-regulatory organizations of professional participants in the securities market and the Regulations on licensing of self-regulatory organizations of professional participants in the securities market."

On July 22, 2008, Law No. 148 Federal Law “On Amendments to the Town Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” was adopted, according to which all organizations performing engineering surveys, preparing project documentation, engaged in construction and reconstruction must unite into self-regulatory organizations organization (SRO) to obtain a certificate of admission. The peculiarity of the law is that it divides organizations by type of activity. That is non-commercial partnership can receive SRO status only for design or only for construction. In addition, the law declares the formation of a fund to compensate for the customer’s losses in the event of accidents at facilities where work was carried out by members of the SRO.

Creation of SRO

Some of the requirements for non-profit organizations wishing to obtain SRO status are set out above. However, there are others. Thus, in order to obtain the status of an SRO for engineering surveys or design, the non-profit partnership must include at least 50 individual entrepreneurs and (or) legal entities (for SROs for construction - at least 100). Affiliated persons are considered as one member. In this case, the compensation fund is formed at the rate of no less than five hundred thousand rubles per participant of a non-profit organization or, if the organization has established a requirement for its members to insure civil liability, no less than one hundred and fifty thousand rubles. For construction, these amounts are one million and three hundred thousand rubles, respectively.

Finally, to obtain SRO status, a non-profit partnership must develop and approve the following documents:

requirements for the issuance of certificates of admission to work that affect the safety of capital construction projects;
rules for monitoring compliance by members of a self-regulatory organization with the requirements for issuing certificates of admission, the requirements of the standards of self-regulatory organizations and the rules of self-regulation;
a document establishing a system of disciplinary measures for non-compliance by members of the organization with the requirements for issuing certificates of admission, rules of control in the field of self-regulation, requirements of technical regulations, requirements of standards of self-regulatory organizations and rules of self-regulation.
Having met the requirements federal laws, the non-profit organization submits a package of documents to the federal body authorized to maintain the register of SROs (for the engineering, design and construction fields this is Rostechnadzor). From the date of entering information about the organization into the register, it receives the status of SRO.

How it works

To illustrate how this works, let's take an example from the construction field. From January 1, 2010, the only permit giving the right to work in the construction industry will be the permit issued by the SRO. State licenses are terminated. Accordingly, all developers, organizations conducting design and engineering work should unite into self-regulatory organizations.

The procedure for admission to each SRO is individual, but, as a rule, a package of documents is required from the candidate (application, document state registration, copies of constituent documents, documents confirming compliance with the requirements for issuing a certificate of admission to a certain type or types of work). Upon entry, the candidate pays a fee to compensation fund.

Punishment for non-compliance with technical regulations, requirements for issuing certificates of admission, control rules in the field of self-regulation, standards and rules of self-regulation can be different: from issuing an order to eliminate violations to deprivation of access and expulsion from the organization.

To protect the interests of SROs, ensure their representation in the authorities state power, organs local government before July 1, 2010, national associations of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, and major repairs of capital construction projects must be created.

SRO in construction

Self-regulation (SRO) in the field of construction, reconstruction, major repairs of capital construction projects ( construction activities) (SROS), introduced in the Russian Federation on January 1, 2009 to replace construction licenses (licenses for activities in the field of construction of buildings and structures of I and II levels of responsibility). This in turn means that in order to construct buildings and structures in the Russian Federation, construction organizations need to join (become members of) a self-regulatory organization (SRO in construction, SRO).

A self-regulatory organization (SRO) in the field of construction, reconstruction, major repairs of capital construction projects (SRO) in accordance with the Urban Planning Code of the Russian Federation is a non-profit organization, information about which is included in the state register of self-regulatory organizations and which is based on the membership of individual entrepreneurs and (or) legal entities performing construction, reconstruction, major repairs of capital construction projects.

Self-regulation in the field of construction, reconstruction, major repairs of capital construction projects (construction activities) is regulated by the following legal acts:

Civil Code Russian Federation dated November 30, 1994 No. 51-FZ;
Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ;
Federal Law of December 1, 2007 No. 315-FZ “On Self-Regulatory Organizations”;
Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”;
And other regulatory legal acts, which you can read in more detail by following the link to the “SRO Legislation” section.

To obtain the status of a self-regulatory organization (SRO) in the field of construction activities, a non-profit partnership must meet the following requirements:

A non-profit partnership must unite at least 100 professional participants in the construction market - legal entities and (or) individual entrepreneurs, foreign organizations certified in the Russian Federation;
A non-profit partnership must develop and adopt standards and rules for business or professional activities that are mandatory for all members of the self-regulatory organization;
The non-profit partnership must form a compensation fund minimum size which must be at least 1 million rubles for each member of the Non-Profit Partnership receiving SRO status in construction. However, in the case of insurance by members of a Non-Commercial Partnership of civil liability to third parties, the minimum amount of the compensation fund must be at least 300 thousand rubles for each member of the Non-Commercial Partnership;
A non-profit partnership must go through the procedure of obtaining SRO status from an authorized government agency. The authorized state body, if the Non-Profit Partnership meets all the requirements for obtaining the status of a construction SRO, enters information about the Non-Profit Partnership with the assignment of SRO status to the state register of self-regulatory organizations (SRO).

The goals of the activities of self-regulatory organizations in the construction industry (construction SROs):

Association of professional participants in the construction industry to prevent harm to the life and health of individuals, the bio-world, environment, ecology, objects of cultural heritage (monuments of culture and art), property of citizens and organizations, state and municipal property as a result of deficiencies in work in the field of construction, reconstruction, major repairs of capital construction projects carried out by members of a self-regulatory organization;
Improving the quality of work performed construction work;
Informing professional participants in construction activities.

Advantages of SRO:

SRO protects the rights and legitimate interests of SRO members;
Membership in the SRO leads to an increase in the quality of construction work;
Membership in an SRO leads to mutual support among SRO members;
SRO provides assistance in improving the qualifications of employees of SRO members;
SRO carries out information support members, by providing changes to regulations affecting professional participants - members of the SRO, holding general meetings of SRO members, organizations round tables, symposiums and conferences dedicated to current topics of self-regulation, the functioning of SROs, as well as problems in the field of regulation and functioning of construction activities.

Membership in a construction self-regulatory organization (SRO) is a mandatory requirement for construction organizations and individual entrepreneurs engaged in construction activities, allowing them to carry out construction activities.

To carry out construction activities, members of a construction self-regulatory organization (construction SRO) must obtain a certificate of admission to work in the field of construction, reconstruction, major repairs of capital construction projects (admission to construction work);

Certificate of admission to work, classifier of types of work:

A certificate of admission to a specific type or types of work that affects the safety of capital construction projects is issued by a self-regulatory organization without limiting the period and territory of its validity. The validity of the certificate of admission to work may be terminated upon leaving the SRO, if violations are detected, and in some other cases.
A certificate of permission to work is issued for certain types of work. The classifier of types of work (list of types of work) was introduced by Order of the Ministry regional development.

List of types of construction activities (SRO classifier):
Types of work activities, the implementation of which is possible with joining the SRO and obtaining a certificate of admission to work, are given in the List of types of work approved by the Order of the Ministry of Regional Development.
The list of types of work has been changed several times, the first list of types of work was approved by Order of the Ministry of Regional Development dated December 9, 2008 No. 274, subsequently changes were made to this List of types of work approved by Order of the Ministry of Regional Development dated October 21, 2009 No. 480. The current List of types of construction activities approved by Order of the Ministry of Regional Development dated December 30, 2009 No. 624 (as amended by Order No. 294 dated June 23, 2010)
– download the CPOC classifier (*.doc)
– download the CPOC classifier (*.rar)

Table of correspondence of types of work classified by the Ministry of Regional Development of Russia as work that affects the safety of capital construction projects.

Requirements for SROs to construction organizations and individual entrepreneurs:

Construction organizations and individual entrepreneurs, in order to obtain membership in the SRO and subsequently obtain a certificate of admission to work, must meet the requirements imposed in accordance with the legislation, rules and standards of the SRO for a candidate member of the SRO, in particular:

Employees of a construction company or individual entrepreneur must have the appropriate education to perform certain types of work;
An individual entrepreneur, in the case of performing certain types of work independently, an individual entrepreneur must have a higher or secondary vocational education in the relevant field and work experience in the specialty of at least five years;
At least three employees must have a higher professional education or at least five employees must have a secondary vocational education. Work experience in the specialty must be at least three years for workers with higher professional education, and at least five years for workers with secondary vocational education;
Individual entrepreneur, employees individual entrepreneur or a legal entity must undergo advanced training at least once every five years;
There must be property necessary to perform the relevant types of work (an additional requirement imposed by some SROs);
Testing the qualifications of an individual entrepreneur, employees of an individual entrepreneur or a legal entity must have a positive result (an additional requirement imposed by some SROs).

The state body for regulation, supervision and control over the activities of SROs in the field of construction and maintaining the state register of self-regulatory organizations carries out federal Service on environmental, technological and nuclear supervision (Rostechnadzor).

All-Russian non-governmental non-profit organization “National Association of Self-Regulatory Organizations Based on the Membership of Persons Carrying Out Construction” (“National Association of Builders”, “NOSTROY”) - an association of self-regulatory organizations in construction.

The state register of self-regulatory organizations in the field of construction is maintained by Rostekhndazor; our website contains a complete list of all SROs in construction - the register of SROs in construction.

The legislation on self-regulation in construction activities provides for mandatory payments upon joining an SRO and subsequently during the functioning of the SRO. In particular, the following payments are provided:

contribution to the compensation fund- is a one-time payment (each SRO has the right to set its own amount, but the minimum amount is determined by federal legislation).
entrance fee– is a one-time payment (each SRO sets the amount independently, this contribution is provided for by the constituent documents of the SRO).
membership fee for the maintenance of the functioning of the SRO apparatus– can be annual, quarterly, monthly (the amount is determined by the SRO independently).
payment under a civil liability insurance contract– annually (provided by the SRO independently; when insuring in accordance with the law, the compensation fund can be reduced, the amount is determined by insurance companies).
preparation of a set of documents for joining the SRO– is a one-time payment (mainly in this type payments include costs of consulting when joining an SRO, assistance from SRO specialists in preparing documents and other legal and consulting services candidates for membership in the SRO).

Joining an SRO in construction:
Joining a construction SRO is a process associated with confirmation by a company or individual entrepreneur of the requirements established by the legislation of the Russian Federation and SRO standards. The cost of joining an SRO for builders depends on each specific self-regulatory organization (SRO has the right to set its own contribution amount: - entrance fee; - membership fee; - some SROs provide for a targeted contribution; - some SROs have additional requirements for insurance, which significantly increases the cost insurance). Contributions provided for by the legislation of the Russian Federation are contributions to the compensation fund. detailed information on joining a construction SRO, published in the section - Joining an SRO in construction.

Since January 1, 2010, the state licensing system individual species activities related to the safety of objects, life, health and the environment ceased to exist. The powers of control over the work of specialized companies passed to self-regulatory organizations, and the state license itself was transformed into the so-called SRO approval.

Since then, survey, design and construction permits have been issued by decision of special committees that carefully study the potential and reputation of the applicant, since the main principle of such non-profit partnerships is the collective responsibility of all participants for the actions of each participant.

Unlike state licenses, SRO approval in construction offers companies the following advantages:

a minimum package of documents provided without notarization;
high efficiency of registration;
accelerated procedures for re-obtaining SRO approval;
a significant reduction in the bureaucratic component;
inevitable increase in professional responsibility for one’s own work.

The main idea of SRO- shift control and supervisory functions over the activities of subjects in a certain area from the state to the market participants themselves. At the same time, clearly redundant functions are removed from the state and, as a result, the budget expenses, and the focus of government supervision itself is shifting from supervision of activities towards supervision of the results of activities.

Currently, associations of enterprises operating on the principle of non-profit partnership can receive the status of self-regulatory organizations. If the activities of such organizations meet all the requirements regulated in the Town Planning Code and other regulations.

Main goals of SRO

According to the Town Planning Code of the Russian Federation, Chapter 6.1, Article 55.1:

prevention of harm to the life or health of individuals, property of individuals or legal entities, state or municipal property, the environment, life or health of animals and plants, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as harm) due to deficiencies in work , which influence the safety of capital construction projects and are carried out by members of self-regulatory organizations;
improving the quality of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects.

Assigning the status of self-regulatory organizations ensures transparent activities and effective coordination of various government agencies.

In connection with the introduction of the SRO institution, licensing of certain types of activities will be gradually abolished.

The legislative framework

In 2007, as part of a set of measures aimed at implementing policies to protect the interests of entrepreneurs and reduce government pressure on market relations Federal Law No. 315-FZ “On Self-Regulatory Organizations” was issued. According to this legislative act, from December 1, 2007, admission to an SRO can be carried out on a voluntary basis. However, changes made to the law established a rule according to which obtaining SRO status became mandatory item for the legal conduct of construction, design and survey work.

In July 2008, Federal Law No. 148-FZ “On Amendments to the Urban Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” came into force, after which changes were made to the Urban Planning Code of Russia: the norms and requirements that affected the construction sector were updated.

Information about self-regulatory organizations can be found in the state register of the relevant focus.

Help is needed? We advise on types of work, permits and entry procedures, and help you choose an SRO. For free.

Rights and obligations of SRO

According to the Urban Planning Code of the Russian Federation (Chapter 6.1, Article 55.1): “The content of the activities of a self-regulatory organization is the development and approval of documents provided for in Article 55.5 of this Code, as well as monitoring compliance by members of the self-regulatory organization with the requirements of these documents.”

SROs can appeal in court against the actions and legislative acts of state authorities of constituent entities of Russia, federal state authorities, local governments, if their decisions violate the rights and interests within the framework of the law of any member of a self-regulatory organization.
File claims in court to protect the rights and interests of SRO members within the framework of the law, if the latter are involved in bankruptcy.
The SRO has the right to take disciplinary measures against members of the organization who do not comply with the rules and requirements. Penalties mean disciplinary liability, up to and including exclusion from the self-regulatory organization.
A self-regulatory organization must organize and provide access to information about its activities and the activities of its members, including a list of types of work to which each member of the SRO has access.
Members of a self-regulatory organization have the right to represent and defend their interests on a legal basis before government agencies, government bodies of the constituent entities of Russia, as well as local government bodies.

Functions of SRO

Develops and establishes conditions for membership of subjects in entrepreneurial or professional activities of a self-regulatory organization.
Applies disciplinary measures against its members.
Establishes arbitration courts to resolve disputes arising between members of a self-regulatory organization, as well as between them and other persons, in accordance with the legislation on arbitration courts.
Analyzes the activities of its members based on the information they provide in self-regulatory organization in the form of reports.
Represents the interests of members of a self-regulatory organization in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies.
Organizes vocational training, certification of employees of members of a self-regulatory organization or certification of goods (works, services) produced by members of a self-regulatory organization.
Provides information openness activities of its members, publishes information about these activities in accordance with Federal legislation.
Exercises control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements, standards, and rules of the self-regulatory organization.
Considers complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of the standards and rules of the self-regulatory organization, conditions of membership in the self-regulatory organization.

An SRO is a non-profit partnership whose main task is to regulate the activities of the members of the association. Explanation of the abbreviation SRO - self-regulatory organization.

The main provisions of what an SRO is are set out in the text of Law No. 315-FZ “On Self-Regulatory Organizations”, adopted in 2007. The Town Planning Code of the Russian Federation stipulates which enterprises must join an SRO and the requirements for them, the rights and obligations of organizations and other aspects.

Why do you need an SRO?

Since January 2009, the state has transferred part of its functions of supervision and control over the activities of construction companies to self-regulatory organizations. SROs serve for a qualitatively new organization of supervisory activities. For example, previously, in order for a company to undertake the construction of a building, it needed to obtain a license from the state to carry out certain types of work. Now the contractor receives permission from the SRO.

Types of SROs in the construction industry

Self-regulatory organizations are formed according to the principle of the main activity of the participating companies. So, they distinguish:

SRO in construction - members of the organization are engaged in construction work, reconstruction and major repairs various objects. Such SROs develop regulatory documents in accordance with Art. 55.5 Civil Code of the Russian Federation, and also monitor their implementation.

SRO in design - members of these organizations have the right to develop architectural and construction projects.

SRO in survey (engineering) - participants of these organizations are engaged in carrying out work to analyze the conditions on land plots for construction, approving the possibility of using these sites, as well as further design and construction.

All existing SROs, as well as their participants, are entered into a special state register. In case of violations, they may be excluded from it. The register is publicly available, so before starting cooperation with any company, you can easily check its affiliation with the SRO and the validity of the organization itself.

What is SRO approval

SRO approval is a document that confirms the company’s right to carry out certain types of work. Such documents are issued by self-regulatory organizations after a thorough study of the activities of the participants and their business reputation. The SRO is interested in accepting into its ranks and issuing permits only to trustworthy organizations, since it is the self-regulatory organization that will be responsible in the event of any problems.

To join an SRO and obtain admission, you must provide a list of documents not only about the company itself, but also about the professional level of its employees. The main list is fixed by law, however, SROs themselves have the right to require additional documents. For example, a number of SROs require documentation about completed projects, customer reviews, etc.

The validity of an SRO permit is in no way limited by time. An enterprise can carry out its activities as long as it is a member of the organization.

Types of tolerances

Based on the type of permit, there are two types of certificates issued by SROs:

approvals confirming the company’s right to carry out standard work;
approvals allowing work to be carried out in difficult conditions or at hazardous sites.

Depending on the specialization, they are issued different kinds tolerances:

tolerances for drawing up design documentation;
permits for engineering work;
approvals for restoration, repair and construction work at various sites.

Each area of activity requires mandatory compliance certain instructions, rules and requirements, which is secured by admission. The certificate also confirms compliance with the level vocational education employees of the company and their ability to perform or manage certain types of work.

Benefits of having a clearance

First of all, SRO approval is confirmation of technical, financial and professional opportunities companies to carry out specific work.

SRO approval allows you to:

gather highly qualified specialists in one company;
improve the quality of services provided;
to protect the interests of companies participating in the SRO, and also makes their cooperation with each other more convenient and useful.

Control over the activities of SROs and the issuance of permits is carried out by government bodies.

Compared to previously issued state construction licenses, admission has a number of undoubted advantages:

to obtain it, you must provide a minimum of documents that do not need to be certified by a notary;
issuing a certificate takes a minimum of time;
upon receipt of a repeated certificate, accelerated completion of procedures is provided;
The professional area of responsibility of contracting companies is growing.

Most of the documents that must be provided to obtain admission are applications and questionnaires. When obtaining permission, a complete list of all types of operations performed by the enterprise, information about the qualification level of employees, insurance policies and other important information are also provided.

Termination of SRO permit

The provided certificate (if it is not temporary) does not have any temporary or territorial restrictions on validity. However, there are a number of cases when its action can be stopped:

In case of voluntary withdrawal of the company from the association;

If there is another permitting certificate received from another SRO;

If identified violations in the company’s activities are not eliminated during its inspection;

When the company is brought to disciplinary liability;

Subject to appropriate court decision.

Carrying out activities without permission

The need to obtain permits for design, engineering and construction companies is determined by the specifics of their work, the quality of which determines the reliability of the objects under construction and the safety of people.

If an enterprise operates without a permit and is not a member of a self-regulatory organization, then this may have a number of consequences for it:

If the quality of work performed by a company can affect the safety of a building, then it will be held administratively liable and fined;

If people were injured during the work, the company will be held criminally liable;

If professional standards are repeatedly violated, the company may be liquidated.

In view of such prospects, before starting construction work, you should check the availability of all necessary permits.

Functions of SRO

The main functions of self-regulators include:

drawing up requirements for companies wishing to join an SRO, as well as for carrying out professional activities within the organization;
appointment and application of disciplinary measures against participants within the framework of the law;
resolution of disputes through arbitration courts between members of the organization, participants and customers and other persons provided for by law;
representing and protecting the interests of companies before local and state authorities;
control and analysis of the activities of participants based on the reports they provide;
organization of training, advanced training, certification of employees, certification of goods and services of companies;
information support for participants, publication of information about the activities of companies in the prescribed manner.

Rights and obligations of SRO

Self-regulatory organizations, having received a number of functions from the state, also acquired a number of rights and obligations. Their main rights include:

the possibility of challenging decisions of all government bodies;
participation in the drafting of federal laws that are directly related to the activities carried out;
provision government agencies own developments and proposals for industry development.

The responsibilities of the SRO are prescribed by law and include regular monitoring of the activities of all participants, as well as monitoring the participants’ compliance with legal requirements.

Joining the SRO

The future of the company largely depends on the choice of SRO, which is why it is so important to approach this issue with all seriousness and care.

How to choose an SRO

The process of searching and selecting an SRO may take a different amount of time depending on the region and the number of self-regulatory organizations available on its territory. When studying information about associations, you should pay attention to the following points:

List of participants. Namely, are there any among them large companies. In their absence, it is necessary to carefully study the activities of this SRO.
Reviews. If there are any complaints about the activities of the SRO, then reviews will be able to provide basic information about this. You can also read reviews about the work of participating companies. There is usually a lot of such information, and it is quite revealing.
SRO requirements for new participants. The conditions should not be too complicated, since being a member of this SRO with strict requirements will be problematic.
Website design. Design is a matter of taste, but the main thing is the content. It is important how complete the information is presented there, how regularly it is updated, and whether news is written. Responsible SROs, as a rule, diligently maintain the website.

The more information you can collect about the activities of SROs, the more complete an understanding of the organization you can get. And, accordingly, there is less chance of choosing an incompetent self-regulatory organization.

How to join an SRO

As a rule, the procedure for joining a self-regulatory organization is described in detail on its website along with full list requirements for applicants.

Typically, the entry procedure follows the following algorithm:

Filing an application.
Making an entrance fee and contribution to the compensation fund.
Payment insurance premium civil liability.
Submission of all documents confirming the professional level of the company and employees.

There are many on the market legal companies, which provide services for filling out and preparing a package of documents for entry. Contacting such a company greatly simplifies the process of obtaining admission.

Entry Fees

According to the law, SROs provide for several types of contributions. The amounts and payment procedures may vary across different self-regulators.

Entrance fee.

This is done once upon joining the organization. If joining an SRO is delayed within a month, the contribution is refunded. The contribution amount can reach 100 thousand rubles or more, but the usual practice is a contribution of 5 thousand rubles. Also, a number of SROs have canceled the entrance fee to attract new members. The contribution amount is set every year at general meeting organizations.

Membership fee.

Regular monthly contributions range from 3 to 25 thousand. The amount can be changed at a general meeting, but not more than once a year. Failure to pay membership fees may be grounds for exclusion from the association.

Contributions to the compensation fund.

The compensation fund is the funds of all participants of the organization, intended to pay compensation in the event that one of the participants caused damage to the customer or a third party through its activities.

In 2016, a number of significant amendments to urban planning legislation were adopted, including those concerning the amount of contributions to compensation funds.

In construction and design, the amount depends on the cost of the estimated contract amounts; in survey SROs, the amount is constant (more details in Tables 1 and 2).

Table 1. Contributions to the Compound Fund* (CF) for construction organizations

Table 2. Contributions to the Compound Fund* (CF) for designers and surveyors

* All fees are indicated taking into account changes to the Urban Planning Code of the Russian Federation, which entered into force in July 2016.

** Contributions to the Contractual Obligations Fund are paid only if contracts for the performance of work by a builder, designer, or surveyor will be concluded on a competitive basis (tenders, auctions). If not, then only the Compensation Fund is paid.

In addition, every year participants must pay for the renewal of the insurance contract for the SRO. As a rule, the amount ranges from 5 to 20 thousand rubles.

As additional contributions The SRO can order payments to various funds or organizations. Their payment is also required.

Exclusion from SRO

As already mentioned, a company can be excluded from the SRO. The reason for considering the issue of exclusion may be the following situation:

In case of non-payment of monthly fees;

When carrying out work not covered by the permit.

The decision to expel from the organization can be made and approved only at a general meeting.

By transferring some of its functions to self-regulators and making membership in them mandatory for construction companies, the state was able to create conditions for more comfortable and high-quality work of enterprises. SROs have become not only an effective monitoring tool, but also stimulators of industry development.

For all questions about joining the SRO and obtaining admission, you can always contact the company’s specialists “