From July 1, the construction industry is moving from a licensing system to self-regulation .
The upcoming abolition of licensing in the construction industry after July 1 and the introduction of self-regulation in the industry — system, which is not yet clear to most builders, — excites minds no less than the sensational Law 214-FZ «On Shared Construction». At the end of March, builders from 20 regions of Russia came to St. Petersburg to discuss how they could live according to the new rules.
Full house again
The bronze hall of the St. Petersburg House of Architects could not withstand the influx of participants, and about 50 people out of 250 who arrived were pushed into the adjacent room, where the conference was being televised.
However, there were no dissatisfied people: the relevance of the topic and the impressive line-up of speakers made us forget about the inconvenience.
And this is not surprising, because the abolition of licensing applies to all builders, without exception, and the authorities are unlikely to want to delay it again (as the State Duma did on December 29, extending licensing until July 1). Grigory Tomchin, a representative of the Public Chamber of the Russian Federation, who spoke at the conference, confirmed this, emphasizing that the presidential administration is very determined: the corresponding amendments to the Urban Planning Code will be adopted and come into force this year.
An expert of the State Duma Committee on Property, Pavel Dubonos, also spoke in favor of the speedy adoption of the amendments, but hinted that there are serious forces at the top who are in favor of maintaining licensing, arguing that self-regulation will result in an increase in the price per square meter.
Therefore, it is so important that the law finds the support of broad sections of builders and those self-regulatory organizations (SROs) that already exist.
Pavel Dubonos and a specialist from the Institute of Urban Economics, Kirill Kholopik, explained in detail exactly how the authorities imagine the work of construction SROs.
These should be associations formed by region or by activity profile, with no less than 100 and no more than 500 companies. Main functions of SRO — admission to the market and forced removal from the market. Admission is carried out by issuing a document (certificate — an analogue of a license) certifying membership in the SRO.
Membership requirements, as well as professional quality and safety standards, are developed by the SRO itself. At the same time, both representatives of the federal government and the Vice-Governor of St. Petersburg Alexander Vakhmistrov expressed the wish that at the all-Russian level one or, at most, several unified standards bases based on the requirements of the law on SROs would be formed.
And already on On their basis, specialized and regional associations will develop their own specific standards and conduct ongoing work.
Removal for the rest of your life
This part of the reports was met with silent approval by the participants. But the authorities’ opinion about how removal from the market will take place and how the SRO will pay for it caused an alarming rumble in the hall.
Meanwhile, it is with the help of this mechanism that the state hopes to avoid the shortcomings of the state licensing system.
The ineffectiveness of the latter has been talked about for a very long time.
Over the past year, more licenses were issued than construction organizations were registered, which, according to officials, indicates a high level of corruption in the construction sector and the absence of an effective mechanism for selecting companies.
The activities of the Federal Licensing Center (FLC) also cause a lot of criticism. According to Pavel Rezantsev, General Director of the Association “Construction and Industrial Complex of the North-West”, revenue from FLC services is eight times more than their cost. And the profit is 500 percent.
The stability of these incomes is ensured through regular inspections carried out by the FLC, and, as a rule, all detected violations are of a routine nature.
The question is posed simply: if you do not want the suspension of activities — buy a license from FLC. Therefore, construction organizations are forced to incur any expenses. How to ensure safety on a construction site — No one cares about this anymore.
It turns out that the state, allowing this or that person to the market, is not responsible for it. And the SRO must carry it. After all, every consumer of the company’s services — a member of an SRO has the opportunity to apply to the organization for compensation for damage.
The essence of the mechanism proposed by the state for removal from the market is this: if a company has violated professional standards, suffered losses and must pay for it, it can turn to the help of a specially created compensation fund, formed from membership fees.
The consumer of the company’s services can do the same. As a result, it turns out that all market participants will pay for the mistake of one crane operator, and they will pay heavily. The question is, will they then want to see a company that has done wrong in their ranks?
The province is against
The issue of the compensation fund and the responsibility of the SRO caused a heated debate. Representatives of the Volga region and Kuzbass were especially excited.
— Why do I need to join an SRO? — asked the director of the Union of Builders of the Saratov Region, Konstantinov. — For builders, self-regulation only means that instead of a license fee, they will have to pay to the SRO. What will she give me? The rights of SROs are not specified in the law.
Director of the Union of Builders of the Voronezh Region Alexander Nikulin also expressed bewilderment.
— The question is, who will organize all this? It’s not clear who. What builders should do while the SRO is not yet registered is also unclear, — he stated.
— Everything that was said here about the purchase of licenses, about corruption — this is all, gentlemen, in the capitals, — assured the director of the Union of Builders of Kuzbass Irina Kuzevanova. — But we don’t have bribes. And licenses are not purchased. Here you are, Muscovites and St. Petersburg residents, and create an SRO first. But we are still in a different economic state, we are just getting out of the dead end.
She called for both systems — licensing and certification in SRO — existed in parallel.
In general, take responsibility — no joke. Indeed, many people need to grow up to this.
By the way, a few days later, the Vice-Governor of St. Petersburg Alexander Vakhmistrov said at a meeting dedicated to the implementation of the national project «Affordable Housing» that the city administration will do everything to ensure that only large construction companies remain on the market.
«This is how we will prepare you for self-regulation», — he noted.
Rossiyskaya Gazeta, April 10