Cancellation of SROs in construction in 2017

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:41

In early 2010, state licensing of certain types of activities related to the security sector was replaced by the entry into non-profit self-regulatory organizations (SROs). All the main powers of control over the functioning of the profile companies were transferred to them. In 2017, the abolition of SROs in construction, design and survey work will not take place completely, but the certificates of admission will be canceled. More changes to come.

What are self-regulatory organizations?

Before touching directly on the abolition of SRO admissions, it is necessary to understand what goals they pursue and what functions such institutions perform. The main idea lies in the transfer of supervision to market participants. Extra tasks are completely removed from the state, thanks to which budget expenditures are reduced.

Initially, the introduction of permits for self-regulatory organizations implied severaladvantages over government licenses:

• minimal documentation;
• increasing the level of professional responsibility;
• optimal processing speed;
• forcing reacquisition;
• no complicated bureaucratic procedures.

Institutions are involved in the development of membership conditions, disciplinary measures and analysis of the activities of participants. The status of self-regulatory organizations can be obtained by associations of enterprises that are created on the basis of non-profit partnerships.

Categories of persons not eligible for entry

In 2017, the abolition of SROs affected certain groups of performers who do not need to become members of organizations. They can conduct their activities without the control of such institutions, without fear of violating the current legislation. This category includes:

• legal entities and individual entrepreneurs signing contracts with technical customers or ordinary developers, the amount of which does not exceed 3 million rubles
• operating companies with an authorized capital with a state stake of more than 50 percent;
• organizations performing construction work during the construction of auxiliary structures that are not capital facilities;
• institutions performing construction control under the contract;
• individuals who carry out individual housing construction on their own.

As you can see, the abolition of SROs in construction has affecteda wide category of citizens and a whole group of legal institutions. After determining with a list of persons, the list of ongoing work was abandoned. From the beginning of the second half of 2017, it will cease to operate.

Legal status of participants after changes

After July 1, 2017, the abolition of the SRO of tolerances comes into force. All members of self-regulatory organizations are required to:

• complete the transition fully with all necessary funds deposited by September 1, 2017;
• provide information confirming the compliance of an individual entrepreneur or organization with the new standards;
• comply with the requirements of Russian legislation, as well as certain standards in the implementation of work.

To sign work contracts, it is enough to receive an extract confirming the presence of membership in a self-regulatory organization. It will act as an authorization document. It contains information about the contributions received by the compensation fund.

New requirements for members of self-regulatory organizations

Simultaneously with the cancellation of SRO certificates, there will be changes regarding the requirements for heads of organizations and individual entrepreneurs:

• mandatory higher education in the relevant field;
• work experience must be more than 5 years.

Work conditions for members of self-regulatory organizations carrying out engineering surveys, andalso, the construction or reconstruction of facilities that are technically complex and potentially dangerous are determined by the internal documents of the institution. They should not diverge from the basic norms established by the state.

Main stages of reorganization

Not everyone will be subject to the abolition of SROs in construction in 2017. Legal entities and individual entrepreneurs falling under certain categories will continue to be members of them. They should submit a declaration of intent to stay or transfer to another organization by December 1, 2017. Anyone wishing to withdraw will have to contact management within the same time frame.

Other important dates are shown in the table.

Timing in 2017	Events
Until March 1st	Conducting meetings in self-regulatory organizations, as a result of which decisions should be made on the reorganization of institutions or the formation of compensation funds that meet the new standards.
Until July 1st	Bringing the charter of the organization and other documents into the required form in accordance with the basic rules of the Urban Planning Code of the Russian Federation.
Until September 1st	Appeal to a self-regulatory organization with an application for the transfer of the compensation fund.
From October 1st	Liquidation of the SRO from the register in the absence of confirmation of the new status.

SRO Notice to Members

Everyone who will be affected by the abolition of the SRO from July 1, 2017 must fill out a special form of notification of termination of membership in a self-regulatory organization. They completely cease to be members of the institution. When moving to a regional organization, a form is submitted on the liquidation of the existing membership with subsequent entry into a new structure. If the participant remains in place, then he must submit a notice to maintain the current position.

When filling out the forms, it is mandatory to indicate the date of termination of participation in a certain self-regulatory organization. In the absence of notification, the member of the institution is automatically excluded. At the same time, the right to receive previously deposited funds remains.

Regionalization of participants

For those members who were not affected by the abolition of the SRO, but who are registered in other subjects of the Russian Federation, the transition to local management systems is mandatory. After completion of registration, the compensation fund is transferred to another structure. To go, do the following:

1. Prepare all necessary documents for registration in a new self-regulatory organization and submit them in a timely manner.
2. Determine the appropriate levels of responsibility directly for construction contracts.
3. Provide a copy of the decision to join a new organization and an application for the transfer of funds from the compensation fund.
4. Pay the entry fee at registration,if it is installed in an institution.
5. Make sure the transfer of finances. They usually arrive in a new account within seven business days.

Possible problems when switching by region

For whom the cancellation of the SRO does not apply, they may face some difficulties when moving to other organizations:

1. Often, unscheduled inspections are scheduled for no good reason.
2. It happens that managers require documents or special information that is not specified in the legislation.
3. Sometimes the requirements of a SRO member for the transfer of finances and other declarations of will are not properly fulfilled.
4. In some cases, funds do not arrive within the deadlines established by Russian law.
5. It happens that the account does not receive the entire amount that was previously paid by the participant.
6. In some situations, legal entities or individual entrepreneurs are excluded due to violation of procedures approved by internal documentation.

Recommendations when sending an SRO notification

When you leave, save your place or move to another structural unit, you cannot do without notification.

1. It is advisable to send all documentation by mail or using specialized courier services with an inventory and verification of the right to receive correspondence.
2. It is necessary to receive confirmation of receipt of the submitted documents after sending.
3. If the self-adjustingorganization of its obligations should file a complaint with the building association.

Important changes to compensation funds

After the abolition of SRO permits, the base rate in the compensation fund will be 100 thousand rubles. when carrying out construction work under one contract, the amount of which does not exceed 60 million rubles. This is the minimum amount. If a construction company enters into two contracts at once, each of which does not imply an amount in excess of the specified amount, but the total amount exceeds the limit, then the rate does not increase, but remains the same. As for the fund relating to contractual obligations, the main rate will already be 200 thousand rubles under the same conditions.

For participants who have contributed an amount of 300 thousand rubles or more, there is an opportunity to redistribute the fund. Such members of self-regulatory organizations do not need to make additional payments. The redistribution of the compensation fund, if necessary, can not be done, but the entire amount can be left in part to compensate for possible harm. The final contribution is determined by the five existing levels of responsibility.

As a conclusion

Rejection of SRO permits and mandatory entry into self-regulatory organizations for small construction companies can become an impetus for faster development. From the second half of 2017, they are not required to join them. As for large institutions concluding contracts for amounts exceeding 3 million rubles, they will operate within the framework of the SRO according to completely new principles. Particular attention will be paid to transparent activities and the most effective coordination of existing structures in the Russian Federation today.