Novelty in the procedure of certification of activities in the sphere of construction

Since January 2014 all the market members expect the introduction of the regulatory legal act of the Government, which would respond to the main issues in the sector: what kind of specialists, works and services in construction will be subject to certification, as well as to the subject of compliance: what kind of qualification requirements will be evaluated.

Today, March 27, 2014 on the National Legal Internet Portal of the Republic of Belarus the Resolution of the Council of Ministers dated March 21, 2014 № 252 "On some issues of certification of legal entities and individual entrepreneurs, managers, specialists of organizations and individual entrepreneurs conducting activities in the sphere of construction" was issued (hereinafter - the Resolution).

1. The Resolution approves the list of architectural, town-planning, building activities (components), in the exercise of which a receipt of the certificate is compulsory. Among other the list includes such activities as preparation of pre-project (pre-investment) documentation, performing functions of the client, the tenant builder, providing of engineering services in construction.

2. The main issues related to certification of specialists and organizations conducting activities in the sphere of construction remain open. The Resolution delegated powers to the Ministry of Architecture and Construction for:

• approval of the list of specialists who are liable to certification, and the criteria for their access to the attestation;

• determination and approval of qualification requirements for qualifiable legal entities and individual entrepreneurs.

3. Adhering to the certain criteria will be obligatory for certification of legal entities and individual entrepreneurs and it is possible to define them even at present relying on the analysis of the norms of the Resolution on the documents, presentation of which is necessary for certification. Thus, it appears that an applicant organization for certification must have:

•          management and (or) work (service) quality control system;

•          work compliance certificates in construction for activities liable to the obligatory certification;

•          executive employees, specialists and workers working in particular at the primary job;

• the main equipment necessary for carrying-out of the appropriate types of work and services. Such the main equipment may belong to an applicant not only on the right of ownership, operational and economic management, but also on other legal grounds. In other words, a lease of the main equipment is also permitted.
• measuring and control equipment necessary for the quality control of the appropriate types of work and services. It should be noted that, in contradistinction to the main equipment the Resolution does not allow the ownership of the measuring and control equipment "on other legal grounds" - they must belong to the applicant on the right of ownership, operational or economic management.
• labour protection system, including documents confirming the conduction of the examination on health and safety matters of the manager, his deputies and the person responsible for work safety.

 4. The validity of certificates of both specialists and organizations may be put out of action before time by the Ministry of Architecture and Construction:

 •          on grounds of proposals of the state construction supervision when disclosing repeated within a year violations of the requirements of technological regulations or project documentation executing construction work;

•          on grounds of proposals of the state expertise authorities when disclosing repeated within a year violations of the requirements of technological regulations developing project documentation and consequently adverse determinations of state examination on project documentation.

 5. The kind of public information about issued certificates of specialists and organizations establishes. Such the information will be published on the website of the engineering republican unitary enterprise "Belstroycentre."

In accordance with the Presidential Decree dated January 14, 2014 No. 26 "On measures aimed at building activities improvement" since April 01, 2014 the norms of obligatory certification of organizations conducting activities (providing services) when constructing first complexity class projects are brought into force and applied. Despite this, as of March 27, 2014 there are still no qualification requirements for this certification defined legislatively.

Revera Consulting Group will prolong to monitor legislative amendments and sending on this subject as regulatory legal acts determining the procedure of certification in construction are adopted.