Town Planning Code

Posted: February 13th, 2011 under News.

The article refers to the three requirements without which the existence of sro in the building impossible. sro – a nonprofit organization based on membership, created by business entities based on Unity sector production of goods (works, services) or the market of manufactured goods (works, services) or combining the subjects of a certain type of professional activity (see article 3 of the Federal Law of 01.12.2007, N 315-F3). With regard to the construction industry legislator has established three types of CPO: – survey of sro (as members are only prospectors) – Project sro (as members are just designers) – cpo in the construction (in As members are just builders). sro receives its legal status until after the recording of this in a special state register (see article 55.18 of the Town Planning Code), which is authorized public authority () (see governmental regulation of 19.11.2008, N 864). The legislator has established three mandatory requirements for (maintaining) the legal status of SROs, in the case of non-compliance with any from which the sro can be excluded from the register, that is, lose its legal status.

The first requirement for SROs is that the number of members of the survey and design of SROs shall not be less than 50, and number of members of the sro in the building – at least 100. The second requirement is that each of the SROs must establish a compensation fund, which consists of a one-time contribution of each member of the sro. The lump sum contribution to the compensation fund depends on the type of sro, the availability of sro requirements on insurance by its members of its civil liability, but in any event is clearly defined by law (see Article 55.4 of the Town Planning Code). For members of the survey and design of SROs, the contribution is 500 000 rubles (without liability insurance) or 150000 (in the case of liability insurance). For members of SROs in the construction of the size of the contribution amounts to 1,000,000 rubles (without liability insurance) or 300000 (in the case of liability insurance). Why, indeed, a new system of compensation funds need SROs? Due to the generated compensation fund SROs make payments to customers in case they do not cause any of the members of SROs in the construction of harm due to defects of the construction (design, and survey) work. Thus state increases at the expense of the private sector consumer protection civil works, who can now make claims for compensation for harm not only the perpetrator of harm, but also in the alternative procedure in Address sro (see article 399 of the Civil Code), in which it consists. The third requirement for SROs is that the sro must develop and adopt a set of internal regulations, namely: – the requirements for issuing certificates of admission to the construction work – control rules in the field of self-regulation – the order of disciplinary action for failure to issue certificates of admission to the construction works. The legislator has established the right of SROs to adopt standards for self-regulatory organizations (see Rules of construction work sro members), and the rules of self-regulation (see Requirements for Business of the SRO). With these documents are expected by the legislator, SROs will be able to more effectively than before it makes the state under the licensing control, to control the activities of its members.

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