1. By order of the Government of the Russian Federation of July 14, 2021 No. 1912-r, the goals and directions of sustainable development of the Russian Federation (including green) were approved. As part of the development directions, the following goals are highlighted: waste management; energy; construction; industry; transport and industrial technology and other purposes. The result of the application of the document will be the justification of the priorities for the use of investments in project activities and the development of various technologies.
2. From 21.08.21, measures were taken to support the construction industry in connection with a significant increase in prices for construction resources. Decree of the Government of the Russian Federation of 09.08.2021 N 1315 “On Amendments to Certain Acts of the Government of the Russian Federation” provides for:
Customers (the list of which is given in the appendix to the resolution) can change the price of the contract for the performance of work on construction, reconstruction, overhaul, demolition of a capital construction facility, work on the preservation of cultural heritage objects, concluded in accordance with Federal Law N 44-FZ of 05.04 .2013 “On Amendments to the Federal Law” On the Contract System in the Procurement of Goods, Works, Services to Meet State and Municipal Needs “”.
The document states that customers can change the essential terms of the contract if:
– the contract was concluded before July 1, 2021, and the obligations under it as of the date of the conclusion of the agreement on changing the terms of the contract were not fulfilled;
– the physical scope of work, structural, organizational, technological and other solutions provided for by the project documentation do not change;
– changes in the essential terms of the contract are carried out within the limits of budgetary obligations and does not lead to an increase in the term of the contract and (or) the price of the contract by more than 30%.
The resolution also establishes that if, as a result of changes in the essential terms of the contract, the new contract price exceeds the cost of the capital construction object specified in the act (decision) on the implementation of capital investments, such a change (increase) is carried out after the decision of the Government of the Russian Federation on the use of budgetary allocations of the reserve fund Government of the Russian Federation.
In accordance with Resolution N 1315, the size of the change (increase) in the contract price is determined in the manner prescribed by the order of the Ministry of Construction of Russia, and the contract price, the amount of which is or exceeds 100 million rubles, is determined by the results of the repeated state examination of the project documentation.
In addition, the highest executive bodies of state power of the constituent entities of the Russian Federation, local administrations, as well as legal entities carrying out purchases in accordance with the Federal Law “On the procurement of goods, works, services by certain types of legal entities” are recommended to take into account when changing (increasing) the contract price provisions of the decree N 1315.
The procedure for determining the amount of change (increase) in the price of the contract according to the estimate of the contract is established by order of the Ministry of Construction of Russia dated July 21, 2021 N 500 / pr. This order is registered by the Ministry of Justice of Russia and will enter into force on August 24, 2021.
In accordance with the procedure, the justification for a significant increase in the cost of construction resources, which affects the change in the price of the contract, is the calculation that the contractor sends to the customer. Depending on the price of the contract, the order provides for several calculation algorithms.
The first algorithm, for contracts with a value of up to 30 million rubles, provides for the execution of calculations based on the value of the increase in the cost of pricing building materials and (or) equipment, the purchase of which has not yet been made by the contractor before the date of the calculation, but the implementation of which is necessary to fulfill the provisions of the contract works. This algorithm allows you to determine the difference between the cost of building materials and (or) equipment, taken into account when forming the NMC, and their cost as of the date of calculations. The algorithm is used for contracts where a small amount of building resources are used.
The second algorithm – for contracts from 30 to 100 million rubles – provides for calculations using the contract price adjustment coefficient calculated on the basis of the construction cost, determined using quarterly aggregated indices of the estimated cost change reported by the Ministry of Construction of Russia. This algorithm allows you to determine the amount of change in the price of the contract without recalculating all construction resources used in the performance of work, significantly reduces the timing of the calculation.
The third algorithm – for contracts of 100 million rubles and more – is similar to the second algorithm, but provides for additional verification of the accuracy of determining the reliability of the estimated cost by the state examination authorities.
3. Order of the Ministry of Construction of Russia dated 20.02.2021 N 79 / pr “On Amendments to the Methodology for Calculating Indices of Changes in the Estimated Cost of Construction, approved by order of the Ministry of Construction and Housing and Communal Services of the Russian Federation of June 5, 2019 N 326 / pr” On 21.08.21, the application of the updated Methodology for calculating indices of changes in the estimated cost of construction was established.
According to the order, information on the indices of changes in the estimated cost, developed in accordance with the Methodology, is placed in the State Information System of the FSIS CA by including in the federal register of estimated standards, formed in accordance with the Procedure approved by the Order of the Ministry of Construction of Russia dated October 24, 2017 N 1470 / pr, as reference information, and are also published on the official website of the Ministry of Construction of Russia.
The document is supplemented with clauses on determining the cost of carriage of goods by road and rail, expands the cases of using the calculation method, and also clarifies the estimated cost of construction and installation work for linear facilities, technically complex, especially dangerous and unique capital construction facilities, defense and security facilities located on the territory of several price zones. The order also supplemented the procedure for developing a resource-technological model.
The order determines the procedure for recalculating the estimated cost in case of changes in the project documentation by the decision of the developer after receiving a positive conclusion of the state examination, but before the date of the conclusion of the state (municipal) contract.
4. From 03/01/2022, in accordance with the changes introduced by the Federal Law of 07/02/2021 No. ЗО1-ФЗ “On Amendments to the Forest Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” it is provided that construction, reconstruction, overhaul, commissioning and decommissioning of capital construction objects not related to the creation of forest infrastructure on the lands of the forest fund are allowed when forests are used for the following purposes:
1. Implementation of geological study of subsoil, exploration and production of minerals;
2. Construction and operation of reservoirs and other artificial water bodies, creation and expansion of the territories of sea and river ports, construction, reconstruction and operation of hydraulic structures;
3. Construction, reconstruction and operation of linear facilities (previously absent);
4. Creation and operation of objects of timber processing infrastructure;
5. Implementation of recreational activities;
6. Carrying out religious activities.
It has been established that in cases determined by other federal laws, construction, reconstruction, overhaul, commissioning and decommissioning of capital construction facilities not related to the creation of forest infrastructure, on lands of other categories on which forests are located, are allowed in accordance with the purpose of these lands.
In addition, it was established that when using forests, the construction and operation of capital construction projects classified in accordance with federal laws as residential buildings are not allowed.
5. The Resolution of the Government of the Russian Federation of 12.07.2021 No. 1160 “On Amending the Resolution of the Government of the Russian Federation No. 1452 of December 23, 2016” was adopted.
Changes are made in order to ensure the transition to the resource-index method for determining the estimated cost, which is the calculation of the cost of work by determining its price at the base price level and recalculating it to the current (forecast) price level using the system of current (forecast) indices and calculating in the current (predicted) prices of resources necessary for the implementation of design solutions, based on the demand expressed in natural meters for materials, products, structures, construction machines and mechanisms, labor costs of workers.
In order to implement the transition to the resource-index method for determining the estimated cost, it was established that information on the indices of changes in the estimated cost of construction by groups of homogeneous construction resources is subject to placement in the federal state information system of pricing in the construction trust (hereinafter – FSIS CA) starting from 2022, on a quarterly basis, no later than the 25th day of the second month of the quarter following the reporting one.
The operator of the FSIS TsS is the FSAU Glavgosexpertiza of Russia.
Also, the amendments provide for the obligation to provide information to FGAU Glavgosexpertiza of Russia by legal entities carrying out the transportation of building materials, products, structures, equipment, machinery and mechanisms by road. stevedoring services concluded between stevedores and senders (recipients) of building materials, products, structures, equipment, machines and mechanisms, weighted average by the volume and price of such services for the reporting period and the price of loading and unloading operations at freight railway stations located at the territory of the Russian Federation, for placement in the FSIS CA.
6. The Rules for the adoption by the Government of the Russian Federation of a decision on the integrated development of the territory were approved. The Resolution of the Government of the Russian Federation dated July 14, 2021 No. 1184 “On approval of the Rules for the adoption by the Government of the Russian Federation of a decision on the integrated development of the territory and approval of such a decision with the constituent entities of the Russian Federation, within which the territory subject to integrated development is located, and on amending the Regulation on The Governmental Commission for Integrated Development, and on amending the Regulations on the Governmental Commission for Regional Development in the Russian Federation.
1. Rules for the adoption by the Government of the Russian Federation of a decision on the integrated development of the territory
2. The rules for agreeing on the decision on the development of a complex, adopted by the Government of the Russian Federation with the constituent entity of the Russian Federation, within the boundaries of which the territory subject to the integrated development of the territory is located (hereinafter referred to as the CRT).
7. The procedure for the organization and implementation of federal state construction supervision has been established by the Decree of the Government of the Russian Federation dated June 30, 2021 “On approval of the regulation on federal state construction supervision”.
It is stipulated that federal state construction supervision is carried out by the Federal Service for Environmental, Technological and Nuclear Supervision and its territorial bodies (hereinafter – Rostekhnadzor).
Cases of federal state construction supervision over the activities of the developer and the technical customer or the person carrying out the construction have been established.
So federal state construction supervision is carried out in the following cases:
Previously, there was no legal regulation in the listed aspects and norms.
9. The Draft Decree of the Government of the Russian Federation “On Amending the Decree of the Government of the Russian Federation of February 16, 2008 No. 87 and invalidating certain provisions of some acts of the Government of the Russian Federation” was prepared and submitted for public discussion. …
The purpose of the amendments is to justify the reduction in the volume of the developed project documentation, the design time, as well as to reduce the cost of design work and the cost of work on the mandatory examination of project documentation.
The provisions of the draft Resolution solve the following tasks:
– optimization of requirements for the composition and content of sections of project documentation for capital construction projects in order to reduce the design time (reduction of administrative barriers associated with the creation of project documentation and its examination, as well as the total time and costs, respectively, for their creation and implementation);
– bringing the composition of the sections of the project documentation in accordance with Articles 48 and 55.24 of the Urban Planning Code of the Russian Federation, Articles 15 and 36 of the Federal Law of December 30, 2009 No. 384-FZ “Technical Regulations on the Safety of Buildings and Structures” the composition of the design documentation of sections and materials aimed at meeting the requirements for ensuring the safety of buildings and structures during operation;
– securing that design documentation can be prepared both for one stage of construction and for several stages of construction. Also, the draft resolution defines the requirements for the preparation of project documentation when dividing construction into a stage (project documentation for a particular stage of construction is developed to the extent necessary for the implementation of this stage of construction. The composition and content of sections of project documentation prepared for several stages of construction should allow identification capital construction objects (or their parts), the construction, reconstruction or demolition of which are divided into separate stages of construction (including technical and economic indicators of a capital construction object, a construction organization project, architectural and structural solutions).
The draft resolution introduces the following changes related to the optimization of the requirements for the composition and content of sections of the design documentation for capital construction objects:
1) reduction in the number of sections of design documentation (exclusion of the section “list of measures to ensure compliance with energy efficiency requirements and the requirements for equipping buildings, structures, structures with metering devices for used energy resources”), since measures and decisions to ensure compliance with energy efficiency requirements are duplicated in other sections ;
2) the possibility of preparing design documentation in an abbreviated form in the event of the reconstruction of a capital construction object;
3) limiting the number of sections of design documentation, which must be included in the design documentation.
So the draft resolution established that architectural, functional and technological,
constructive, engineering and technical solutions and (or) measures aimed at ensuring compliance with:
a) the requirements of technical regulations;
b) sanitary and epidemiological requirements, requirements in
the area of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of atomic energy, industrial safety requirements, requirements for ensuring the reliability and safety of electric power systems and electric power facilities, requirements for anti-terrorist protection of the facility;
c) design assignments of the developer or technical customer.
The need to develop other measures and solutions included in the sections of the design documentation can be determined by agreement between the design organization and the developer (technical customer) in the design assignment.
In order to ensure the safety of buildings and structures during operation, the draft decree provides for requirements for the content of project documentation aimed at establishing requirements for maintenance, control checks, current and overhaul of buildings and structures (including the networks and engineering systems included in them). -technical support).
The document is posted on the link.
9. The draft GOST R “Building information model. Construction rules “.
The standard defines the composition, structure and content of the building information model, approaches to its creation. Much attention is paid to the representation of construction production technologies in digital tools.
The text of the draft standard is distributed by the developer upon request. The discussion will last until October 10, 2021.
The notice of the beginning of the discussion is posted on the link.
