A foreign design company intended to obtain the right to act as a general designer in Belarus and to develop sections of design documentation for first-class complexity projects, which are the most complex projects under the applicable classification.
To achieve this, the company was required to demonstrate compliance with the applicable qualification requirements, arrange qualification certification for its specialists, establish the required staffing structure and provide evidence of its project experience.
REVERA supported the project at every stage. As a result, the client obtained a certificate of compliance authorising it to act as a general designer and to develop sections of design documentation for first-class complexity projects.
Below is an overview of the case and the practical issues faced by foreign companies.
The client was required to complete the compliance certification procedure in order to act as a general designer and develop sections of design documentation for first-class complexity projects.
The project included the following principal workstreams:
REVERA’s lawyers developed a step-by-step plan for bringing the company into compliance with the applicable qualification requirements.
The most stringent requirements apply to a Category 1 general designer.
The company must have:
A company’s foreign experience may be taken into account. However, the foreign classification of the complexity of construction projects must be compared with the Belarusian classification.
As part of the project, REVERA supported the qualification certification of more than 15 of the client’s own specialists. The legal team reviewed the documents confirming their education and professional experience and assisted in resolving discrepancies in the spelling of surnames, including on the basis of marriage certificates.
We also organised the specialists’ preparation for certification: we purchased access to training materials and mock examinations and subsequently arranged for the specialists to sit the examinations. As a result, every specialist was admitted to the certification procedure, successfully completed it and obtained a qualification certificate.
Acting on behalf of the client, we also engaged licensed recruitment agencies to search for and recruit the additional specialists required.
REVERA advised the client on the applicable qualification requirements and the approaches applied by the regulator. The team also provided separate support in resolving issues relating to the qualification certification of specialists and confirmation of the company’s experience.
The final stage involved preparing and submitting the complete set of documents required for the legal entity’s certification.
Throughout the procedure, REVERA liaised with the Republican Unitary Enterprise BELSTROYCENTR: it conducted correspondence with the authorised organisation, took account of the current requirements, prepared responses to requests for additional documents and information, and promptly resolved issues arising during the review of the documents.
Following REVERA’s support, the client obtained a certificate of compliance authorising it to act as a general designer and to develop sections of design documentation for first-class complexity projects.
As part of the preparation for certification, the required staffing structure was established, evidence of the company’s project experience was provided, and more than 15 of its specialists obtained qualification certificates.
The practical experience gained during the project highlights three matters requiring particular attention when preparing for certification.
In practice, certain government authorities take the position that a foreign company may obtain a certificate only if it has established a branch in Belarus. However, neither urban planning legislation nor the administrative procedure governing the issuance of certificates contains such a requirement. The government authorities responsible for the certification of legal entities justify this requirement by interpreting the provisions of the Civil Code concerning the right of a foreign organisation to establish a branch for the purpose of conducting business activities.
Our team is currently working with the relevant ministries to seek either a review of the established approach or its express regulation in legislation.
Certified specialists of a foreign legal entity must be transferred to the staff of its branch and work there as their principal place of employment. The law does not prescribe the number of such specialists required for certification purposes. In practice, however, the branch must employ at least a chief project architect or chief project engineer, a specialist in the relevant type of work, and the head of the branch. Belarusian employment record books must be issued for these employees.
The authorities request executed contracts, commissioning acceptance certificates and documents confirming the project’s class of complexity in accordance with the approved design documentation. As a rule, the most difficult documents for a foreign general designer to provide are commissioning acceptance certificates: general designers do not usually sign them, and obtaining them from clients may be difficult.
Previously, the authorised government authorities required such documents in all cases. The approach has now changed. For example, Russian design companies may submit a permit to commission the relevant project instead.
It is a document authorising its holder to carry out certain types of architectural, urban planning and construction activities. The certification procedure is conducted by the Republican Unitary Enterprise BELSTROYCENTR, while the certificate is issued by the Ministry of Architecture and Construction.
It is prohibited to carry out activities subject to certification without holding the relevant certificate. Conducting such activities is classified as unlawful business activity and may result in a fine of up to 500 base units, approximately USD 7,800, together with confiscation of up to 100% of the income received.
The specific list of documents depends on the types of work for which the company is seeking certification:
Before submitting the documents, the company must register on the website of the Republican Unitary Enterprise BELSTROYCENTR and submit an electronic application.
The review of the documents and preparation of the draft decision by the Republican Unitary Enterprise BELSTROYCENTR takes ten working days. The Ministry of Architecture and Construction adopts its decision within five working days.
In practice, the timeframe for obtaining a certificate depends on whether the company has a sufficient number of specialists holding the required qualification certificates, as well as on the number of types of work and sections of design documentation to be included in the certificate.
From the date on which the company adopts its internal decision to undergo certification, preparation for and completion of the procedure usually takes between one and four months.
The certificate holder must continuously comply with the applicable qualification requirements throughout the certificate’s entire period of validity.
Every December, the company must confirm its continued compliance with the qualification requirements through the website of the Republican Unitary Enterprise BELSTROYCENTR. Failure to do so will result in the certificate being revoked.
REVERA supports foreign design and construction companies at every stage of obtaining certificates of compliance. It assesses the applicable qualification requirements and the prospects of certification, develops a preparation plan, assists in establishing the required staffing structure, supports the qualification certification of specialists and confirmation of the company’s experience, and prepares and submits the complete set of documents to the authorised authorities.
Are you planning to obtain a certificate of compliance in Belarus?
Send REVERA a list of the types of work for which certification is sought, information on your specialists and completed projects, and the anticipated timeframe for entering the Belarusian market. Based on this information, we will determine the applicable qualification requirements, conduct a preliminary assessment of your staffing structure and identify the documents and actions required before the application is submitted.
Based on this information, the REVERA team will be able to assess the initial circumstances, determine the applicable qualification requirements and propose a sequence of steps for preparing the application documents.
