Adjustment of design and estimate documentation at the initiative of the customer. To help the estimator

The customer and the design institute entered into an agreement for the development of design and estimate documentation. The developer of the project documentation, in accordance with the terms of the contract, fulfilled its obligations in full on time. The developed design and estimate documentation received a positive conclusion from the state examination body. During construction, the customer had a need to adjust the approved design and estimate documentation. Changes caused by clarifications and additions identified during the construction process are made by design and estimate documentation developers based on the customer’s instructions, taking into account the actual state of construction. This is regulated by clause 3.11 of TCP 45-1.02-104-2008 “Design documentation for repair, modernization and reconstruction of residential and public buildings and structures. Procedure for development and approval”, approved by order of the Ministry of Construction and Architecture dated November 27, 2008 No. 433.

Does the customer (legal entity) have the right to adjust the design and estimate documentation on his own, having a design department subordinate to him, since he refuses to enter into an agreement with the design and estimate documentation developer?

The main document regulating the relationship between the customer and the contractor in the development of design and estimate documentation is the contract concluded in accordance with the Rules for the conclusion and execution of contract agreements for the performance of design and survey work and (or) supervision of construction, approved by the resolution of the Council of Ministers of the Republic of Belarus dated 01.04 .2014 No. 297.

In the above case, the contractual obligations were fulfilled, the result of the work was obtained - design documentation, which passed the state examination.

Indeed, according to clause 3.11 of TCP 45-1.02-104-2008, changes caused by clarifications and additions identified during the construction process are made by developers based on the customer’s instructions, taking into account the actual state of construction.

At the same time, you should refer to TKP 45-1.02-295-2014 “Construction. Project documentation. Composition and content”, approved by order of the Ministry of Construction and Architecture dated March 27, 2014 No. 85, taking into account amendment No. 3, which has a wider scope. Clause 4.11 of this code stipulates that changes to the approved design documentation related to the identification of additional volumes of work during construction are made by the designer on the instructions of the customer with the formalization of contractual relations.

Thus, adjustments to design and estimate estimates should be the subject of a separate contract for the execution of design work. Consequently, the customer has the right not to enter into an agreement to adjust the project with its developer.

Changes to the approved design and estimate documentation are carried out in accordance with the design assignment, which is an integral part of the concluded contract for adjusting the design and estimate documentation of the construction site.

In addition, changes and additions to the approved design documentation must be agreed with its developer. This is enshrined in paragraph 3 of Art. 51 of the Law of the Republic of Belarus dated July 5, 2004 No. 300-Z “On architectural, urban planning and construction activities in the Republic of Belarus”, as amended on December 31, 2014 No. 229-Z.

When adjusting the design documentation at the initiative of the customer in the event of a change in the technical and economic indicators of the facility, incl. increase in the cost of construction, determined by the approved design documentation, such design documentation is subject to repeated state examination and approval in the manner prescribed by law.

It is important for the customer to remember that the developer is not responsible for deviations from the design and estimate documentation made without the consent of the developer (design institute) during the construction process (clause 61 of Rules No. 297).

It is necessary to take into account that the development of design documentation for a construction project is carried out in the presence of a certificate of conformity, issued in the manner established by the Council of Ministers of the Republic of Belarus. Consequently, if the customer has decided not to enter into an agreement with the developer (design institute), then, in agreement with him, he has the right to adjust the project on his own only with a certificate of conformity.

In accordance with the type of activity in the field of construction, a certificate of conformity is issued in accordance with the List of certain types of architectural, urban planning, construction activities (their components), given in Appendix 1 to the Regulations on the certification of legal entities and individual entrepreneurs carrying out certain types of architectural, urban planning, construction activities (their components), performance of work on the inspection of buildings and structures, approved by Resolution of the Council of Ministers of the Republic of Belarus dated March 21, 2014 No. 252.

It should also be taken into account that with the start of construction of a facility, designer supervision of construction is mandatory on the basis of approved design documentation. Law No. 300-Z places the responsibility for designer’s supervision on the developer of the design documentation. When individual sections of the design documentation are adjusted according to the customer’s instructions and agreed with the developer, designer’s supervision of the adjustment project is carried out by the developer of this section on the basis of a direct agreement with the customer. This is provided for in clause 4.2.3 of TCP 45-1.03-207-2010 “Architectural supervision in construction. Procedure", approved by order of the Ministry of Construction and Architecture dated July 15, 2010 No. 267.

In this case, in agreement with the design institute, supervision of the adjustment project will be carried out by the design department subordinate to the customer.

Natalya Shendeleva, chief estimate specialist

Specialists of the design workshop Special Section will carry out adjustments to design documentation of any level of complexity in the shortest possible time.

Adjustment is necessary in case of changes in the technical specifications for the development of project documentation, changes in planning, design solutions, purpose of buildings, heights, areas, etc.

In some cases, adjustments to design and estimate documentation are prescribed by state supervisory authorities to eliminate inconsistencies with current standards. In addition, its goal may be to minimize costs, eliminate detected errors and reduce construction time.

Our design team is ready to carry out both adjustments to the entire project and adjustments to individual sections of the project documentation. For example, the customer decided to install an additional boiler room, and the project provided for heat supply from the city network.

To successfully pass such a project in the examination bodies, it is necessary to supplement the project documentation with sections: reduction of the sanitary protection zone (SPZ reduction project), adjust the section list of environmental protection measures (PM EOS), adjust fire safety measures (MOFS), develop a section industrial safety, etc.

Adjustments to design documentation can be made both in the project being designed and in a project that has passed state/non-state examination of design documentation. In the second case, you will need to go through the design documentation again.

Our design workshop specialists have extensive experience in making adjustments to design documentation. They will carefully study existing plans, analyze the scope of work and complete the task within the minimum time, which will help avoid significant deviations from the construction schedule. In addition, Special Section employees can search for additional errors and deviations from standards in order to determine the need to adjust project documentation before approval. Thanks to this, the customer will significantly reduce unproductive time losses and material costs.

To calculate the cost and completion time, you need to contact the specialists of the Special Section design workshop to clarify the needs, parameters and type of work. Processing and settlement of the application takes no more than 2 hours during business hours. The qualifications of our employees allow us to make calculations as transparent and informative as possible for our clients to quickly make decisions.

If we do not respond to you within 2 hours, we guarantee you a 10% discount on the full cost of the work. To do this, please write to

When making changes to design documentation, in almost all cases a re-examination is required, which is carried out in the same way as the first inspection. However, if these changes do not affect significant characteristics of the building that affect the safety of the facility, a new examination is not needed. A description of options for making changes, as well as the procedure for approving them, can be found in the article.

It is permissible to make amendments to project documents, and in some cases it is inevitable, since a number of documents undergo a secondary examination, as a result of which certain modifications are made. Changes to the design documentation can be made in accordance with the requirements of GOST R 21.1101-2013.

Changes to design documentation can be made in accordance with the rules of this standard or in accordance with its own standards developed within the organization.

Making adjustments is also allowed by the Town Planning Code - for example, due to deviation of the parameters of objects from the specified indicators in the project.

After all the amendments have been made, the developer must conduct an examination, based on a positive decision of which the specified changes will come into force.

However, in a number of cases the examination is not carried out:

1. If the corrected documents have already undergone an examination, based on the results of which they received approval.
2. If the changes do not affect the characteristics that ensure the integrity and safety of the structure.
3. If, as a result of the amendments, the estimate for construction work has not increased (a decrease is allowed).

Based on this the main question is whether the new additions affect the essential parameters of the building ensuring its safety. Find such a list of characteristics, i.e. Specific types of work, the implementation of which affects the reliability of the structure, can be found in the relevant Order of the Ministry of Regional Development of the Russian Federation.

The order describes 34 types of such work, which are grouped into 3 sections:

1. Engineering surveys (geodetic, geological, environmental, etc.).
2. Preparation of design documents (architectural, technological, design solutions, etc.).
3. Work related to construction, reconstruction and major repairs at sites (installation of structures, excavation, installation and many other works).

Based on this list, you can definitely say whether a re-examination is required to approve the changes or not.

2 options for making changes to the project

There are 2 options for entering new data - a complete replacement of the sheet(s) or entry without replacement. The choice of a specific method is at the discretion of the customer.

Complete sheet replacement

This method is used in cases where experts have found quite a lot of flaws, so it is advisable not to edit each of them separately, but simply remove the sheet and completely redo it. The advantage of this method is that it is often faster to create a new page than to edit the old one. However, in this case, all new data has to be coordinated with related departments, which delays the process.

The application algorithm is as follows:

Making changes to a sheet

If the number of changes is small or insignificant, you can use the original sheet. They operate in this way:

1. Part of the text is erased and an amendment is made.
2. The amendment is circled and given a number 1.1, 1.2, etc.
3. Next, write down the change number and the total number of changes again.
4. Indicate Change: the sheet has been changed.
5. Write down the document number, date and signature.

Amendments must also be made to the general data sheet. The entry is recorded in the notes (the amendment number, abbreviation Replace or Change are written down). Changes to the general data sheet are not reflected in the registration sheet.

When is a project re-examination necessary?

The initial purpose of the project examination is to obtain a construction permit. However, in some cases, one examination is not enough, so a repeated examination is necessary:

1. In case of receiving a negative conclusion based on the results of the first examination.
2. In case of changes to the design documents.

These amendments may be related to:

• entering new data;
• significant changes to previously entered data.

Thus, the amendments themselves can be made either involuntarily (if deficiencies are discovered and a negative expert opinion is received) or voluntarily (adjustment of the project). However, a re-examination will be required in both cases.

How is a re-examination carried out?

You can submit an application for an examination an unlimited number of times. The procedure for conducting them is the same - experts check those parts of the documents where amendments have been made, as well as the compatibility of this documentation with the rest of the project that have already been checked.

To submit an application, the customer provides the following package of documents:

• statement;
• project documents that previously received a positive expert opinion;
• the positive decision itself (copy);
• terms of reference for making changes;
• certificate of changes made.

The project is reviewed within the established time frame (up to 60 calendar days), and a positive or negative conclusion is issued based on the result. In this case, experts may request a re-examination of the entire project, and not just those documents to which amendments have been made. This is possible if, since the previous inspection, certain changes have taken place in the legislation, which also relate to the requirements for project documentation.

Making changes to the design documentation that has passed the examination, may be required due to various reasons. At the same time, in some cases, repeated expert work on the project is mandatory. All questions and nuances of making changes to project documentation and conducting a secondary examination will be considered in this article.

Changes to design documentation and re-examination

Making adjustments to project documentation after receiving a positive summary from experts is a situation that occurs quite often. So, paragraph 7 of Art. 52 of the Town Planning Code directly requires that appropriate corrections be made to the project if, during the development process, inconsistencies in the parameters from the theoretical data of the design documentation are discovered. Otherwise, discrepancies in the design data and the parameters of the actually constructed facility will not allow the subsequent execution of documents for the building.

In accordance with paragraph 15 of Art. 48 of the same code, after making adjustments to the project documentation before its approval, the developer or customer must send the project for examination. However, clause 3 of Art. 49 contains some exceptions and states that expert work on project documents is not required if:

• the revised design documentation has already been examined and received a positive resolution based on the results;
• the amendments made to the project did not affect the structural and other characteristics of the reliability and safety of the facility;
• adjustments to the project did not lead to an increase in construction costs.

The same thing, only from a different angle, is said in paragraph 44 of Government Decree No. 145 dated 03/05/2007. This provision of the Decree requires that modified design documentation that received a positive expert opinion earlier be sent for expert analysis a second time, if the amendments affected technical solutions , affecting the structural reliability and safety of the capital construction facility.

At the same time, in paragraph 44 of Resolution No. 145, the customer or developer has the choice of undergoing a re-examination of the revised project if the essence of the modification allows it not to undergo a re-examination. That is, in this case, the customer or developer can, at their own request, undergo an examination of the project documentation again.

When is a re-examination of design documentation required?

An expert analysis of project documentation is initially carried out in order to obtain permission to construct the facility and begin actual construction with the fulfillment of all legislative and bureaucratic requirements.

But there are situations when, after passing an expert study, a second examination is required.

Don't know your rights?

1. First of all, this situation arises in the event of receiving a negative conclusion on the project. The goal with this option of conducting a repeated expert analysis of the project is obvious - obtaining a positive resolution for issuing a construction permit. Therefore, customers are interested in making all the necessary amendments to the design documentation as quickly as possible, which are indispensable for the approving conclusion of experts.
2. The need for re-examination due to changes in design documentation in the form of:
   • development of additional sections;
   • adjustments or significant additions;
   • significant changes in the project.

Thus, it is clear that in any case, the need to conduct another examination of the design documentation arises due to changes to it. Only in the first option are these changes forced, due to previous errors or inaccuracies that resulted in a negative expert opinion. In the second case, the amendments are voluntary, due to some external circumstances or adjustments to the project associated with the objective application of theoretical data in the practical construction of a specific facility.

List of changes affecting the safety of the capital construction facility

So, the most important question that needs to be resolved by a developer or customer who makes adjustments to design documentation that has passed a positive examination: do the changes made concern technical solutions that affect the structural reliability and safety of the facility? That is, in fact, to conclude that it is necessary to conduct another expert analysis of the project documentation.

Order of the Ministry of Regional Development of Russia No. 624 dated December 30, 2009 approved the List of types of work affecting the safety of capital construction projects. The document is quite detailed and therefore voluminous. Types of work are divided into 3 sections:

• on engineering surveys;
• on preparation of project documentation;
• for construction, reconstruction and overhaul.

In addition, a significant part of the types of work within their section are divided into subtypes. So, for example, preparatory work for construction, reconstruction and major repairs (clause 2, section 3 of the List) includes 4 subtypes:

• dismantling/dismantling of buildings, walls, ceilings, stairs, etc.;
• construction of temporary roads, sites, utility networks and structures;
• installation of rail crane tracks and foundations of stationary cranes;
• installation and dismantling of inventory external and internal scaffolding, technological waste chutes.

Such a detailed listing allows us to avoid any doubts about the involvement of the amendments made to the project in the adjustment of work that affects the safety of the capital construction facility, and therefore in the need for another examination of the project.

Procedure for re-examination

In accordance with paragraph 44 of Resolution No. 145, re-examination can be carried out an unlimited number of times (2 or more). At the same time, each subsequent examination is carried out in the order prescribed by law for conducting the initial state examination. Meanwhile, experts will evaluate:

• that part of the project documents to which amendments were made;
• compatibility of the modified part of the project with the rest of the design documentation, which was previously subject to expert analysis.

Thus, to conduct a re-examination, the customer must provide a package of documents according to the list specified in clause 13 of the Regulations approved by Resolution No. 145, including:

1. Application for examination.
2. Project documentation that has previously received a positive expert opinion.
3. A copy of the positive conclusion.
4. The task of making adjustments to the design documentation.
5. Certificate of amendments made to the draft.

It must be borne in mind that the entire project can be considered for re-examination if, since the initial or previous re-examination, amendments have been made to the legislation affecting the results of the state examination.

Making changes in the event of a negative examination of project documentation

If the project documentation received a negative conclusion based on the results of the experts’ work, then in paragraph 10 of Art. 49 of the Town Planning Code offers 2 solutions:

1. Contact the Ministry of Regional Development or the court and try to challenge the results of the expert opinion.
2. Pass a re-examination after eliminating all the specified shortcomings.

In practice, since experts rarely make mistakes, and court proceedings are expensive and lengthy, it is easier and more effective to amend the draft based on comments and undergo the examination again. Moreover, the Regulations on the conduct of the examination, approved by Resolution No. 145, contain a rule allowing not to return to the applicant documents submitted for examination in paper form, if the comments that caused the negative conclusion are eliminated, possibly without returning the documentation. In this case, the applicant is given a certain period to eliminate the deficiencies, after which he must provide the expert organization with that part of the project documentation that has undergone changes and a certificate describing the amendments made.

Thus, the corrected design documentation requires a re-examination, both mandatory and at the request of the developer. At the same time, it is very important not to miss the moment, to correctly evaluate the changes made to the design documents and conduct a re-examination if required by law, otherwise later there may be great difficulties with documenting the constructed facility.

Quote plemyash_062 07/09/2014 4:02:23

please provide a link to justify it.

--End quote-------
Case 1.
If the need for adjustments arose before the start of work
When adjusting project documentation, one should be guided by the norm of the Law “On Architectural Activities in the Russian Federation” (Article 20).
Article 20. Changes to the architectural design
1. Changes to the architectural project when developing documentation for construction or during the construction of an architectural object are made exclusively with the consent of the author of the architectural project, and in case of deviation from the requirements of the architectural and planning assignment, also in agreement with the relevant body of architecture and urban planning.
That is, the existing practice of involving other designers to adjust a project developed by one team of authors without agreement with the architect-author of the architectural project seems unlawful.
Besides,
SNiP 11-01-95 "INSTRUCTIONS ON THE PROCEDURE FOR DEVELOPMENT, APPROVAL, APPROVAL AND COMPOSITION OF DESIGN DOCUMENTATION FOR THE CONSTRUCTION OF ENTERPRISES, BUILDINGS AND STRUCTURES"
2.11. Customers of design documentation and designers are obliged to promptly make changes to the working documentation related to the introduction of new regulatory documents.
Those. clause 2.11 contains a mandatory provision for making changes to the working documentation related to the introduction of new regulatory documents.
In addition, there is also such a document - “Organization of state examination of design documentation in the Moscow region”
"In the event that construction under the project has not been carried out for 2-3 years, the Customer must, before submitting the documentation for examination, ensure that this documentation complies with the current legislation, regulatory documents for design, as well as extended specifications issued by local supervisory authorities and interested bodies of the local administration (with the involvement of the design organization)."
Therefore, the requirement for designers to adjust already completed design and estimate documentation is legitimate only in the event of changes in regulatory documents.
In this case, the design documentation must be brought in accordance with the new requirements by the customer before construction begins. To do this, the customer enters into a contract or additional agreement with the design organization to carry out work to correct the design documentation.
But, since adjusting the design and estimate documentation requires a new designation, the adjusted documentation is essentially a new type of documentation, executed by a different author and requiring a new approval.

Case 2.
If work has already begun
Civil Code of the Russian Federation. Article 744. Amendments to technical documentation
1. The customer has the right to make changes to the technical documentation, provided that the additional work caused by this does not exceed ten percent of the total cost of construction indicated in the estimate and does not change the nature of the work provided for in the construction contract.
2. Changes to the technical documentation greater than those specified in paragraph 1 of this article are made on the basis of an additional estimate agreed upon by the parties.
At the same time, the need for coordination between the customer and the designer of changes made to the technical documentation carried out in accordance with the Civil Code of the Russian Federation has not been determined.
In cases where changes in standards occurred after the start of work, and making the necessary changes to the project entails significant and inadequate costs for the customer during their implementation, it is recommended to follow clause 3.5 of SNiP 11-01-95, having received permission to use the expired standard from the body that approved the new norm.
3.5. Justified deviations from the requirements of regulatory documents are allowed only with permission from the authorities that approved and (or) put these documents into effect.
Therefore, the requirement for designers to adjust already completed design and estimate documentation for objects whose construction has begun, is underway, or resumes after suspension or mothballing is legal only in the event of changes in regulatory documents and the absence of approval for the execution of work on an already completed project .

During the construction process, deviations from the decisions made sometimes arise not only at the initiative of the customer or designer. The technical side of making changes to the working documentation is reflected in GOST 21.1101-97.
In this case, it is necessary to distinguish between making changes to working and design documentation.

Extracts from GOST R 21.1101-97
7.1 Amendments to working documentation
7.1.1 General
7.1.1.1 A change to a working document previously transferred to the customer is any correction, exclusion or addition of any data to it without changing the designation of this document.
The document designation may be changed only if different documents are mistakenly assigned the same designations or an error is made in the document designation.
Changes to calculations are not permitted.
7.1.1.2 If changing the document is unacceptable, then a new document with a new designation must be issued.
7.1.1.3 Any change in a document that causes any changes in other documents must be simultaneously accompanied by corresponding changes in all related documents.
7.1.1.4 Information about changes to a document is indicated in the title block of this document, in the general data on working drawings and on the title page (if any).
7.1.1.5 Changes are made to the original document.
7.1.1.6 When changes are made to the original electronic document, any change is indexed as a new version of this document.
7.1.1.7 Copies of sheets (modified, additional and issued instead of replaced sheets) of working documentation are sent to organizations to which copies of documents were previously sent, along with copies of general data of the corresponding main set of working drawings, specified in accordance with 7.1.3.
7.1.2 Permission to make changes
7.1.2.1 Changes to a document (including its cancellation) are carried out on the basis of a permission to make changes (hereinafter referred to as the permission), drawn up in accordance with Forms 9 and 9a of Appendix L.
7.1.2.2 The permit is approved by the head of the organization that developed the document or another authorized official.
Permission is the basis for obtaining original documents and making changes to them.
It is allowed to send a copy of the permit to the customer along with copies of the amended documentation.
7.1.2.3 Changes to each document (for example, the main set of working drawings, specifications of equipment, products and materials) are issued with a separate permit.
It is allowed to draw up one general permission for changes made simultaneously to several documents, if the changes are interrelated or the same for all documents being changed.
7.2 Amendments to design documentation
7.2.1 Changes to the design documentation previously transferred to the customer, as a rule, are made in an automated way and are carried out:
- replacing, adding or excluding individual sheets of a volume;
- replacement (re-release) of a volume (part, book) - when it is completely revised;
- release of additional parts or books.
7.2.2 Changes to design documentation are made, as a rule, on the basis of permission to make changes (see 7.1.2). The grounds for making changes may be comments from the customer and approving executive authorities, comments and negative conclusions from non-state and state examination bodies.
7.2.3 When making changes to the design documentation, the provisions of 7.1.1.1-7.1.1.6 and 7.1.3 should be taken into account (taking into account the peculiarities of completing the design documentation).
7.2.4 When completely revising an entire volume, at the beginning of the text part included in the amended volume, it is recommended to provide information about the changes made: the basis for the changes, a brief description of the changes made.
7.2.5 If changes are made to the design documentation on the basis of a negative conclusion of the state examination, then in the “Explanatory Note” section, as an appendix, include a certificate in the form established by the state examination body, describing the changes made to the design documentation. The certificate must be signed by the chief engineer of the project.
7.2.6 Registration of changes to the volume as a whole is carried out in the table of registration of changes in Form 10 of Appendix M, which is placed on its title page and cover.
It is recommended to register changes in the text part of the design documentation in the table for registering changes in Form 11 of Appendix M, which is placed on the last sheet of the text part when making the first and subsequent changes.
Information about replacing sheets of graphic documents is given in the “Note” column of the contents of the volume, performed in accordance with 8.6.
Information about changes to volumes, as well as the release of additional parts of volumes and books, is entered into the list “Composition of project documentation”, carried out in accordance with 8.8.
When making changes, the requirements of 8.5 must be met.
7.2.7 Changes to the approved design documentation related to changes in the parameters of the construction project and the need to re-approve the design documentation are made by decision of the customer on the basis of a new design task or addition to a previously approved design task.

--------------
PeeCee
Sorry for the links to the old SNiP and GOST, it’s just a bummer to fix it, but in the new ones everything is the same. If you want, check it out.