Irina Bekish, lawyer
The state enterprise "Glavgosstroyexpertiza" since 01.11.2019 will equate refusals from acceptance of incorrectly issued projects to negative conclusions. Thus, the Ministry of Architecture and Construction of the Republic of Belarus will be able to deprive designers of conformity certificates in the presence of more than two refusals to accept documentation by "Glavgosstroyexpertiza". This information is posted on the official website of the state enterprise "Glavgosstroyexpertiza".
"Glavgosstroyexpertiza" explains that in connection with the frequent cases of refusals from the state examination and acceptance of applications, the state enterprise "Glavgosstroyexpertiza" draws the attention of applicants that these refusals are subject to documented accounting in the rating of design organizations, regularly posted on the web-site of state examination bodies.
From 01.11.2019 in the case of more than two refusals (one project, including applying in electronic form) public examination body will send an information letter to the head of the applicant organization to take measures to improve the competence of the persons who drew the application and the documents attached to it (state bode will send a copy to the customer of the construction as well). This measure is due to state body workers spend a lot of time to explain to applicants the basics of the legislation, which not only lengthens the period of implementation of investment projects in general, but also prevents the timely adoption of other applications that meet the requirements.
If there are refusals again after information letters were sent, state examination bodies will be forced to inform the Ministry of Architecture and Construction about the consideration of preserving qualification certificates and conformity certificates from applicants and to equate their refusals to accept documentation with negative conclusions.
We remind that when the Ministry of Architecture and Construction of the Republic of Belarus receives information from regulatory (Supervisory) bodies about the violation by the holders of conformity certificates with the requirements of technical regulations in the field of technical regulation and standardization or other mandatory requirements of technical regulations in the field of architectural, urban planning and construction activities in the design, engineering surveys, construction or operation of buildings and engineering infrastructure, about violation at carrying out construction and installation works of obligatory requirements of the design documentation providing safety of life and health of people, environmental protection, durability, stability and operational reliability of buildings, constructions and their parts, about non-compliance of holders of conformity certificates with qualification requirements extraordinary certification of the legal entity or the individual entrepreneur who has allowed the specified violations should be carried out.
The decision on carrying out extraordinary certification will be made by the Ministry of Architecture and Construction.
According to the Regulation on certification information on the place and date of extraordinary certification will be sent by RUE “Belstroitsentr” to the legal entity or individual entrepreneur no later than five business days before the day it will be held.
Extraordinary certification is carried out by Belstroitsentr at the location of the legal entity or individual entrepreneur on a contractual basis at the expense of the legal entity or individual entrepreneur.
At carrying out extraordinary certification the documents provided in paragraph 2-11 part 2 point 6 of Regulations on certification, should be considered by Belstroitsentr in 15 working days from the date of its beginning.
According to the results of the extraordinary certification RUE "Belstroycenter" prepares a draft decision on termination of the conformity certificate or on confirmation of the conformity certificate.
The validity of the certificate of conformity during the period of extraordinary certification does not stop.
The decision to terminate the conformity certificate or to confirm the validity of the certificate is taken by the Ministry of Architecture and Construction.
Dear designers! From November 1, 2019, pay more attention when preparing documents for state examination.