Legal advice on construction

Legal advice on construction in Belarus

  1. Construction works and activities - list
  2. Certificate of conformity for construction works
  3. Certificate of conformity for construction works
  4. Do I need certified specialists in the state
  5. Production control system
  6. Occupational health and safety management system
  7. Construction contract - description

1. Construction works and activities - list

It is necessary to decide which works can be considered construction, because this affects what documents you need.

Construction activity (construction) - activities for the construction, reconstruction, repair, restoration, improvement of an object, demolition, conservation of an unfinished object, including the implementation of organizational and technical measures, including the provision of engineering services in construction, preparation of permits and design documentation, construction, installation, commissioning.

This definition is normatively fixed in the legislation. But the ideal situation would be to have a table at hand in which a list of works that are construction would be given.

Fortunately, the list of works (and services) related to construction activities was approved by Resolution No. 17 of the Ministry of Architecture and Construction of the Republic of Belarus dated May 10, 2011.

As a general rule, the following documents may be required for the implementation of construction:

We will analyze each of these documents in detail for the need to receive them to you.

2. Certificate of conformity for construction work

Mandatory certification of a certain list of works in construction is provided by the Technical Regulations of the Republic of Belarus "Buildings and structures, building materials and products. Security" (TR 2009/013/BY), which was approved by Resolution of the Council of Ministers of the Republic of Belarus No. 1748 dated 31.12.2009.

Certification of conformity of works: do you need it? Algorithm of actions

Mandatory certification of works in construction is provided by the Technical Regulations of the Republic of Belarus "Buildings and structures, building materials and products. Security" (TR 2009/013/BY), which was approved by Resolution of the Council of Ministers of the Republic of Belarus No. 1748 dated 31.12.2009.

Therefore,

Step 1.

We are looking for your works in the List approved by Resolution No. 1748, which will lead above.

If they are not there, your work is not subject to certification.

If they are there, we look at Step 2 additionally.

Step 2.

Not subject to mandatory certification:

1) construction works performed during the current repair of buildings and structures;

2) construction works performed on objects of the fifth class of complexity;

3) construction services provided by business entities, including individual entrepreneurs, on individual orders of individuals.

If your works fall under at least one of the above points, certification is optional for them.

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3. Certificate of conformity for construction works

According to paragraph 1.11 of paragraph 1 of the Decree of the President of the Republic of Belarus No. 26 dated 14.01.2014. "On measures to improve construction activities" certain types of architectural, urban planning, construction activities (their components) according to the List approved by the Council of Ministers of the Republic of Belarus, as well as work on the inspection of buildings and structures are carried out by legal entities (individual entrepreneurs) in the presence of certificates of conformity issued in accordance with the Regulations on certification in the field of construction legal entities and individual entrepreneurs engaged in certain types of architectural, urban planning, construction activities (their components), performance of works on the inspection of buildings and structures (approved Resolution of the Council of Ministers of the Republic of Belarus No. 252 dated 21.03.2014).

The implementation of types of architectural, urban planning, construction activities (their components), the performance of works on the inspection of buildings and structures without a certificate of conformity, when its presence is mandatory, is prohibited.

Do you need a certificate? Algorithm of actions

Step 1.

Are your works works on the survey of buildings and structures? If yes, go to Step 2.

If not, then we are looking for your works in the List above.

Your works are not there – congratulations, certification is optional.

If your work is still on the List, go to Step 2.

 

Step 2.

No certificate of conformity is required:

- to perform work on objects of the fifth class of complexity. To do this, check out whether your object belongs to the fifth class of complexity according to the Classification of buildings and structures by complexity classes from STB 2331-2014 "Buildings and structures. Classification. The main provisions".

- or to perform maintenance work. Current repair is a set of works, including construction and installation, commissioning, and measures to prevent wear, eliminate minor damages and malfunctions, improve the aesthetic qualities of the object, which are carried out on the basis of a defective act and estimates.

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4. Certified specialists in the state

The presence of certified specialists is necessary for the certification of construction works and evaluation of the production control system.

Specialists pass the exam in accordance with the procedure provided for by the Regulations on Certification of in Construction managers, specialists of organizations and individual entrepreneurs engaged in activities in the field of architectural, urban planning, construction activities, performance of works on the inspection of buildings and structures (approved by Resolution of the Council of Ministers of the Republic of Belarus No. 252 dated 21.03.2014).

According to the results of the certification of specialists in construction qualification certificates are issued.

The list of managers, specialists of organizations and individual entrepreneurs who are subject to certification, carrying out activities in the field of architectural, urban planning, construction activities, performing works on the inspection of buildings and structures, the criteria for their admission to certification in its specializations was approved by Resolution No. 15 of the Ministry of Architecture and Construction of the Republic of Belarus dated 26.03.2014.

5. Production control system

It is necessary for certification of works, as well as for obtaining a certificate of conformity by a legal entity or individual entrepreneur.

SEC is being evaluated in accordance with TCP 45-1.01-221-2010 (02250) "Construction. Evaluation of the production control system. The main provisions and the procedure for conducting".

6. Occupational Health and Safety Management System (OSS)

According to Article 17 of the Law of the Republic of Belarus dated 23.07.2008 N 356-Z "On Labor Protection" and paragraph 8 of Article 226 of the Labor Code of the Republic of Belarus, the employer must develop, implement and maintain the functioning of a labor protection management system that ensures the identification of hazards, assessment of occupational risks, definition of occupational risk management measures and analysis of their effectiveness.

The management system is being developed and implemented in accordance with STB 18001-2009 "Occupational health and Safety management systems. Requirements".

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Construction contract for legal entities

We present to you for filling out and downloading a sample construction contract agreement, with appendices to it: construction work schedule, payment schedule, material resources delivery schedule.

According to the construction contract (hereinafter referred to as the contract), the contractor undertakes to build a certain object on the customer's instructions or to perform construction and other special installation works and hand them over to the customer within the time specified in the contract, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept the results of these works and pay the stipulated price.

Our contract provides for conditions that are most often agreed upon in practice between the parties. This applies to the terms of payment, the procedure for termination of the contract and the liability of the parties.

The contract is concluded subject to the availability of the customer:

And subject to the contractor's availability:

  1. documents confirming the right to carry out architectural, urban planning and construction activities, in cases provided for by law;
  2. for the construction of buildings and structures of the I and II levels of responsibility, as well as for carrying out major repairs, reconstruction, restoration, landscaping at these facilities, the right to carry out architectural, urban planning and construction activities is confirmed by the certificates of conformity of construction works available to the contractor (contractor, subcontractor) and documents certifying the existence of a production control system;
  3. in the staff of certified specialists.
  4. reservation of funds on a special account in the amount of 1.5% of the cost of construction, special, installation works performed at the facility;
  5. bank guarantee;
  6. liability insurance under a construction contract for non-fulfillment or improper fulfillment of such obligations.

There is a separate contract for current repairs or finishing works:

The contract is suitable for repair and finishing works, the customer can be legal entities, individual entrepreneurs and individuals. Contractors can only be individual entrepreneurs and legal entities.

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