What is sro in a simple way. Types of work of SROs - why do we need SROs and whether everyone needs 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 leaders of many construction companies puzzled by the question of the need to join the SRO and the possibility of working without it.

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 specific answers.

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

So, the main normative documents regulating this topic are:

Urban 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) On individual housing construction, i.e. stand-alone residential buildings, with the number of floors not exceeding three and intended for the 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 share a common wall(s) without openings with the neighboring block(s). They are located on separate land plots and have access to the territory. common use(residential houses of the blocked building);

3) About construction apartment buildings with the number of floors not exceeding three, consisting of one or more block sections, the number of which does not exceed four. In each of the block sections there are 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 on construction on a land plot provided for gardening, dacha farming;

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

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

7) On changing capital construction objects and (or) their parts, if such changes do not affect the design and other characteristics of their reliability and safety and do not exceed the limit parameters of permitted construction, reconstruction established by the urban planning regulations;

8) On the performance of the following types of work during the construction, reconstruction and overhaul of capital construction facilities*:

1.1. Marking work in the process of construction< * >
1.2. Geodetic control of the accuracy of the 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; sites; engineering networks and structures< * >
2.4. Installation and dismantling of inventory external and internal scaffolding, technological garbage chutes< * >
3.1. Mechanized excavation< * >
3.5. Soil compaction with rollers, compactors or heavy rammers< * >
9.1. Arrangement of structures of buildings and structures made of natural and artificial stones, including those with cladding< * >
9.2. Installation of brick structures, including those with cladding< * >
9.3. The device of heating furnaces and hearths< * >
11.1. Installation, reinforcement and dismantling of structural elements and enclosing structures of buildings and structures, including those made of glued structures< * >
11.2. Assembly of residential and public buildings from prefabricated parts of a complete delivery< * >
12.3. Protective paint coating< * >
12.11. Works on thermal insulation of pipelines< * >
13.1. Installation of roofs from piece and sheet materials< * >
13.2. Roofing from rolled materials< * >
13.3. The device 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 the water supply and sewerage system< * >
15.2. Installation and dismantling of the heating system< * >
15.4. Installation and dismantling of the ventilation and air conditioning system< * >
15.5. The device of the power supply system< * >
15.6. Arrangement of electrical and other control networks for life support systems of buildings and structures< * >(see text in previous edition)
20.1. Arrangement of power supply networks with voltage up to 1 kV inclusive< * >
20.13. Arrangement 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 industries< * >
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 utilities< * >
23.33. Installation of equipment for communication facilities< * >
24.7. Commissioning of automation in power supply< * >
24.10. Commissioning of automation systems, alarm systems and related devices< * >
24.11. Start-up and commissioning of offline system commissioning< * >
24.12. Commissioning works of complex adjustment of systems< * >
24.13. Commissioning of telemechanics< * >
24.14. Adjustment of ventilation and air conditioning systems< * >
24.18. Commissioning of refrigeration units< * >
24.21. Commissioning of hot water boilers< * >
24.22. Commissioning of boiler auxiliary equipment< * >

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

33.1.8. Enterprises and objects of light industry< * >
33.1.9. Enterprises and objects of the food industry< * >
33.1.10. Enterprises and objects of agriculture and forestry< * >
33.2.7. Enterprises and public transport facilities< * >

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

4.3. Project preparation works internal systems electricity supply< * >
4.4. Works on the preparation of projects for internal low-voltage systems< * >
8. Works on the preparation of projects for the organization of construction, demolition and dismantling of buildings and structures, extension of the 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, wildlife, sanitary-epidemiological and medical-biological studies of the territory< * >

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

1) nuclear facilities (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 facilities that are especially dangerous, technically complex in accordance with the law Russian Federation in the field of communications

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

5) objects of space infrastructure

6) aviation infrastructure facilities

7) infrastructure facilities railway transport common use

8) subways

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

10) thermal power plants 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 obtained, used, processed, formed, stored, transported, destroyed

b) hazardous production facilities that produce, transport, use melts of ferrous and non-ferrous metals, alloys based on these melts using equipment designed for a maximum amount of melt of 500 kilograms or more

c) hazardous production facilities where mining operations are carried out (with the exception of the extraction of common minerals and the development of alluvial deposits of minerals carried out open way without the use of blasting), work on the enrichment of minerals.

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

1) height more than 100 meters

2) spans over 100 meters

3) the presence of a console more than 20 meters

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

Summarizing, we come to the conclusion that the list of works, performing which you can not join the SRO is quite extensive. If among this list you did not find those types of activities that you are engaged in, then you definitely need to obtain a certificate of admission to work.

This article was current prior to the entry 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 also get an extract from the register of members:

(we work with the following subjects 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 (Yekaterinburg, 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, specify 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, of course, it is preferable to have a situation where they themselves, without direct state intervention, establish the “rules of the game”, determine sanctions for their violation and create mechanisms for resolving conflicts. For this, self-regulatory organizations (SROs) are created. The potential benefits of their creation are clear. Firstly, the norms of self-regulation, as a rule, are more flexible than those established by the state, they are easier to adapt to changing circumstances, and allow you to quickly fill in the gaps in the legislation.

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

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

The state itself, by transferring part of its functions to self-regulation bodies, saves budgetary funds.

Finally, the creation of self-regulatory organizations enhances the transparency of business and has a positive effect on society's attitude 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, it must be remembered that reforms in Russia are usually carried out “from above”, and many market participants thought about self-regulation only after the state made it impossible to continue operating in a number of industries without joining the SRO. More on this below.

SRO legislation

Law of the Russian Federation No. 315 FZ "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 the Federal Law of January 12, 1996 No. 7 FZ "On Non-Commercial Organizations", subject to its compliance with certain requirements:

business association and legal entities working in the same industry, or individuals engaged in one type professional activity;
the number of members not less than that established by federal law;
the existence of standards and rules for entrepreneurial or professional activities 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 FZ "On Advertising". In this law, organizations of this type are called “self-regulatory bodies”.

The Law of July 29, 1998 No. 135 FZ "On Appraisal Activities in the Russian Federation" establishes legal framework activities of self-regulatory organizations according to the text of the law in the field of valuation activities. Activities of self-regulatory organizations in the field audit activity regulated by the Federal Law of August 7, 2001 No. 119 FZ "On Auditing". Although this law does not use the term "self-regulation", but professional audit associations, in fact, perform the functions of such organizations.

Legal framework 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 of July 1, 1997 No. 24 “On Approval of the Regulation on Self-Regulatory Organizations of Professional Participants in the Securities Market and the Regulation on Licensing Self-Regulatory organizations of professional participants in the securities market”.

On July 22, 2008, Law No. 148 FZ “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 that carry out engineering surveys, prepare design documentation, and engage in construction and reconstruction must unite into self-regulatory 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 obtain the status of SRO 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 case of accidents at facilities where work was carried out by SRO members.

Creation of SRO

Part of the requirements for non-profit organizations wishing to obtain the status of an SRO is set out above. However, there are others. So, in order to obtain the status of an SRO for engineering surveys or design, it is necessary that the non-profit partnership includes at least 50 individual entrepreneurs and (or) legal entities (for SROs for construction - at least 100). Affiliates are considered as one member. In this case, the compensation fund is formed at the rate of at least five hundred thousand rubles per member of a non-profit organization or, if the organization has established a requirement for civil liability insurance by its members, at least one hundred and fifty thousand rubles. For construction, these amounts are one million and three hundred thousand rubles, respectively.

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

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

How it works

To illustrate how this works, let's take an example from the construction industry. 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 in 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 on 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 admission, 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 admission and expulsion from the organization.

To protect the interests of SROs, ensure their representation in the bodies 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, overhaul of capital construction projects should be created.

SRO in construction

Self-regulation (SRO) in the field of construction, reconstruction, overhaul of capital construction facilities ( 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 for the construction of buildings and structures in the Russian Federation, construction organizations need to join (become members of) a self-regulatory organization (SRO in construction, SROS).

A self-regulatory organization (SRO) in the field of construction, reconstruction, overhaul of capital construction facilities (SRO) in accordance with the Town Planning Code of the Russian Federation is a non-profit organization, information about which is entered 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, overhaul of capital construction facilities.

Self-regulation in the field of construction, reconstruction, overhaul of capital construction facilities (construction activities) is regulated by the following regulatory 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 No. 315-FZ of December 01, 2007 “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 get acquainted with in more detail by clicking on the link in the section "SRO Legislation".

A non-profit partnership in order to obtain the status of a self-regulatory organization (SRO) in the field of construction activities 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 entrepreneurial or professional activities that are mandatory for all members of a self-regulatory organization;
Non-profit partnership should form a compensation fund minimum size which must be at least 1 million rubles for each member of the Non-Commercial Partnership receiving the status of SRO in construction. However, in the case of insurance by members of the non-profit 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-profit partnership;
A non-profit partnership must go through the procedure for obtaining the status of an SRO in an authorized state body. In the event that the Non-Commercial Partnership meets all the requirements for obtaining the status of a construction SRO, the authorized state body enters information about the Non-Commercial Partnership with the assignment of the SRO status to the state register of self-regulatory organizations (SROs).

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

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

SRO benefits:

SRO protects the rights and legitimate interests of SRO members;
Membership in the SRO leads to an improvement in the quality of construction work;
Membership in the SRO leads to mutual support of the members of the SRO;
SRO provides assistance in improving the skills of employees of SRO members;
SRO carries out information support members, by providing changes to regulations affecting professional participants - members of SROs, holding general meetings of SRO members, organizing round tables, symposiums and conferences on topical issues 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.

Members of a construction self-regulatory organization (construction SRO) in order to carry out construction activities must obtain a certificate of admission to work in the field of construction, reconstruction, overhaul of capital construction objects (permission to construction work);

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

A certificate of admission to a certain type or types of work that affect the safety of capital construction facilities 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 exit from the SRO, if violations are detected, and in some other cases.
A certificate of admission to work is issued for certain types of work. The classifier of types of work (list of types of work) was introduced by the Order of the Ministry regional development.

List of construction activities (SRO classifier):
Types of work activities, the implementation of which is possible with the entry into 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 repeatedly changed, the first list of types of work was approved by the Order of the Ministry of Regional Development of December 09, 2008 No. 274, subsequently, this List of types of work was amended by Order of the Ministry of Regional Development of October 21, 2009 No. 480. The current List of types of construction activities approved by the 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 SROC classifier (*.doc)
– download the SROC classifier (*.rar)

Correspondence table for the 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 for 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 comply with the requirements for candidate members of the SRO in accordance with the legislation, rules and standards, in particular:

Employees of a construction company, individual entrepreneurs must have the education of the appropriate profile 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 of the appropriate profile and work experience in the specialty for at least five years;
At least three employees must have higher vocational education or at least five employees - secondary vocational education. Work experience in the specialty must be at least three years for employees with higher professional education, and at least five years for employees 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);
The qualification test 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 maintenance of the state register of self-regulatory organizations performs federal Service for Environmental, Technological and Nuclear Supervision (Rostekhnadzor).

All-Russian non-governmental non-profit organization "National Association of Self-Regulatory Organizations Based on Membership of Persons Carrying Out Construction" ("National Association of Builders", "NOSTROY") is 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 when joining an SRO and subsequently during the functioning of an 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 law).
entrance fee- is a one-time payment (each SRO sets the amount independently, this fee 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 civil liability insurance contract- annually (provided by the SRO independently, in case of insurance 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 entry into the SRO- is a one-time payment (mainly in this species payments include the costs of consulting when joining an SRO, assistance of SRO specialists in preparing documents and other legal and consulting services candidate members of the SRO).

Joining the 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 (SROs have the right to set their own fees: - entrance fee; - membership fee; - some SROs provide for a targeted fee; - some SROs impose additional requirements for insurance, which significantly increases the cost insurance). Contributions stipulated by the legislation of the Russian Federation are contributions to the compensation fund. detailed information on entry into the construction SRO, published in the section - Entry into the SRO in construction.

From January 1, 2010, the state licensing system certain types activities related to the safety of facilities, life, health and the environment ceased to exist. The powers of control over the work of specialized companies were transferred to self-regulatory organizations, and the state license itself was transformed into the so-called SRO admission.

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:

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

The main idea of the SRO- to shift the control and supervisory functions over the activities of entities 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, budget spending, and the focus of state supervision itself is shifting from supervision over activities towards supervision over the results of activities.

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

The main goals of the 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, cultural heritage sites (monuments of history and culture) of the peoples of the Russian Federation (hereinafter referred to as harm) due to shortcomings in work which have an impact on the safety of capital construction projects and are carried out by members of self-regulatory organizations;
improving the quality of engineering surveys, the implementation of architectural and construction design, construction, reconstruction, overhaul of capital construction projects.

Assignment of the status of self-regulatory organizations ensures transparent activities and effective coordination of various state structures.

In connection with the introduction of the SRO institution, the 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 a policy 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 the SRO can be carried out on a voluntary basis. However, the amendments to the law have established a rule according to which obtaining the status of an SRO has become obligatory item for the legal conduct of construction, design and survey work.

In July 2008, Federal Law No. 148-FZ “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force, after which changes were made to the Town 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 direction.

Help is needed? We advise on the types of work, admissions and the procedure for entry, we help to choose an SRO. For free.

Rights and obligations of the SRO

According to the Town 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 a 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 under the law of any member of a self-regulatory organization.
File lawsuits in courts to protect the rights and interests of members of the SRO within the framework of the law, if the latter are involved in bankruptcy.
The SRO has the right to apply disciplinary measures against members of the organization who do not comply with the norms and requirements. Penalties mean disciplinary responsibility, 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 state structures, state authorities of the constituent entities of Russia, as well as local governments.

SRO functions

Develops and establishes the conditions for the membership of subjects in the entrepreneurial or professional activities of a self-regulatory organization.
Takes disciplinary action against its members.
Forms arbitration courts to resolve disputes arising between members of the self-regulatory organization, as well as between them and other persons, in accordance with the legislation on arbitration courts.
Carries out an analysis of the activities of its members on the basis of information provided by them in self-regulatory organization in the form of reports.
Represents the interests of members of a self-regulatory organization in their relations with state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, and local self-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 the activities of its members, publishes information about this activity in accordance with federal law.
It exercises control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements, standards, 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 a self-regulatory organization, the terms of membership in a self-regulatory organization.

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

The main provisions on 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 should join the SRO and the requirements for them, the rights and obligations of organizations and other aspects are indicated.

What is SRO for?

Since January 2009, the state has transferred to self-regulatory organizations part of its functions of supervision and control over the conduct of activities by construction companies. SROs serve for a qualitatively new organization of supervisory activities. For example, in the past, in order for a company to undertake the construction of a building, it had to obtain a license from the state to carry out certain types of work. Now the contractor receives a permit 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 overhaul various objects. Such SROs develop regulatory documents in accordance with Art. 55.5 of the 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.

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

All operating SROs, as well as their participants, are entered in a special state register. In case of violations, they can be excluded from it. The register is in the public domain, therefore, before starting cooperation with any company, you can easily check its belonging to the SRO and the validity of the organization itself.

What is an SRO permit

The SRO permit 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 participants and their business reputation. The SRO is interested in accepting into its ranks and issuing permits only to credible organizations, since it is the self-regulatory organization that will be responsible in case of any problems.

To join the SRO and obtain admission, you must provide a list of documents not only about the company itself, but also about the professional level of 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 of completed projects, customer reviews, and so on.

The effect of the SRO admission is not limited by any time frame. An enterprise can carry out its activities as long as it is a member of the organization.

Types of tolerances

According to the type of permit, there are two types of certificates issued by the SRO:

tolerances confirming the company's right to carry out standard work;
permits that allow work to be carried out in difficult conditions or at hazardous facilities.

Depending on the specialization, different kinds tolerances:

tolerances for drawing up project documentation;
permits for engineering work;
permits for the implementation of restoration, repair and construction work at various facilities.

Each area of activity implies mandatory compliance certain instructions, rules and requirements, which is fixed by a permit. 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 permit

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

The SRO permit allows:

gather highly qualified specialists in one company;
improve the quality of services provided;
to protect the interests of SRO member companies, 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 state authorities.

Compared to previously issued state construction licenses, the permit has a number of unconditional advantages:

to obtain it, you must provide a minimum of documents that do not need to be certified by a notary;
registration of the certificate takes a minimum of time;
upon receipt of a repeated certificate, accelerated procedures are provided;
the professional area of responsibility of contractors is growing.

Most of the documents that must be provided for admission are applications and questionnaires. When applying for admission, 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 is also provided.

Termination of the SRO permit

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

In the event of the company's voluntary withdrawal from the association;

If there is another permit certificate received from another SRO;

In case of non-elimination of identified violations in the company's activities during its audit;

When bringing the company to disciplinary liability;

With appropriate court decision.

Carrying out activities without permission

The need for permits for design, engineering and construction companies is determined by the specifics of their work, the quality of which depends on the reliability of facilities 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 the work performed by the company can affect the safety of the building, then it is brought to administrative responsibility and fined;

If people were injured during the work, then the company is held criminally liable;

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

In view of such prospects, before starting construction work, it is necessary to check the availability of all necessary permits.

SRO functions

The main functions of self-regulators include:

drawing up requirements for companies wishing to join the SRO, as well as the implementation of professional activities within the organization;
appointment and application of disciplinary actions 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 of participants, publication of information about the activities of companies in the prescribed manner.

Rights and obligations of the 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 the decisions of all state bodies;
participation in the drafting of federal laws that are directly related to the activities carried out;
providing government bodies own developments and proposals for the development of the industry.

The obligations of the SRO are prescribed in the legislation and include regular monitoring of the activities of all participants, as well as monitoring the compliance of participants with the requirements of the law.

Joining the SRO

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

How to choose an SRO

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

List of participants. Namely, are there any large companies. In their absence, it is necessary to carefully study the activities of this SRO.
Reviews. If there are complaints about the activities of the SRO, then the 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 members. The conditions should not be too complicated, since it will be problematic to be a member of this SRO with strict requirements.
Site layout. 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, whether news is written. Responsible SROs tend to maintain the site diligently.

The more information you can collect about the activities of the SRO, the more complete picture of the organization you can get. And, accordingly, there are fewer chances to choose an incompetent self-regulatory organization.

How to join the SRO

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

Usually, the entry procedure goes according to the following algorithm:

Filing an application.
Making an entrance fee and a 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 law firms, which provide services for filling out and preparing a package of documents for entry. Contacting such a company greatly facilitates the process of obtaining an admission.

Entry fees

According to the legislation, the SRO provides for several types of contributions. In different self-regulators, the amount and procedure for payment may vary.

Entrance fee.

Produced once upon joining the organization. If within a month the entry into the SRO is postponed, the fee is returned. The amount of the contribution can reach 100 thousand rubles or more, but the usual practice is a contribution in the amount of 5 thousand rubles. Also, a number of self-regulating organizations canceled the entrance fee to attract new members. The installment of the amount of contributions is made every year on general meeting organizations.

Membership fee.

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

contributions to the compensation fund.

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

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

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

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

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

* All contributions are indicated taking into account the amendments to the Town Planning Code of the Russian Federation, which entered into force in July 2016.

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

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

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

Exclusion from SRO

As already mentioned, the company can be excluded from the SRO. An exception may be considered if:

Failure to pay monthly dues;

When performing work not covered by the permit.

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

By transferring part of its functions to self-regulators and making their membership 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 controlling tool, but also stimulators for the development of the industry.

For all questions about joining the SRO and obtaining admission, you can always contact the specialists of the company "