Understanding the Updates: Revised Procedure for Changing Construction Design Documents
Legal Update No 691
Bryan Cave Leighton Paisner (Russia) LLP (formerly Goltsblat BLP in Russia) advises that Federal Law 151-FZ1 (the Law) amending the Federal Law “On Shared Construction of Apartment Buildings and Other Real Estate…” and other national legislative acts has been enacted.
The Law fine-tunes regulation of shared construction and lays the foundations for BIM2 design.
This Update focuses, however, on legislative amendments regarding changes to design documentation (Design) for construction of buildings and structures. Such changes may be required at any stage of the permission and construction process. The Law covers the period from issue of expert review approval for Design until a certificate of conformity with the Design is obtained for the completed facility.
The novel developments primarily regulate changes to Design that:
do not affect load-bearing elements of capital structures;
do not change the class and/or initial performance indicators of linear facilities;
do not breach any mandatory requirements and do conform to the Basis of Design (part 3.8, article 49 of the Town-Planning Code (TPC)).
In such cases, compliance with the above may be confirmed by:
the design organisation/ chief design engineer (part 3.8, article 49, and part 15.2, article 48 of the TPC);
the expert organisation that reviewed the Design for compliance with the mandatory requirements and Design changes for conformity with the BoD (parts 3.9–3.11, article 49, and part 15.3, article 48 of the TPC). Such confirmation may be provided as part of the “expert support” procedure (to be determined by the Russian Government).
Corresponding changes have been made to the TPC provisions on compensation for destruction of (damage to) capital structures (article 60).
So far, there is no clear picture regarding allocation of authority between the design organisation/chief design engineer and the expert organisation reviewing the Design. These issues may be taken off the table once the Government approves the expert support procedure.
Our takeaway: these developments appear generally positive and will see practical use since they save developers some of the need to resubmit Design for expert review.
1 Federal Law No. 151-FZ “On Amendments to the Federal Law ‘On Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation’ and to Certain Legislative Acts of the Russian Federation” dated 27 June 2019
2 Building Information Model
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