Part 16 of Article 48 of the Town Planning Code of the Russian Federation (hereinafter referred to as the RF GRK) establishes a direct ban on requesting approval of design documentation, a conclusion on project documentation and other documents not provided for by the RF GRK.
According to paragraph 1 of part 5 of Article 49 of the Civil Code of the Russian Federation, the subject of examination of the technical part of the project documentation is the assessment of the conformity of the project documentation:
- requirements of technical regulations, sanitary and epidemiological requirements, requirements in the field of environmental protection, requirements for state protection of cultural heritage sites, requirements for the safe use of nuclear energy, industrial safety requirements, requirements for ensuring the reliability and safety of electrical power systems and electric power facilities, requirements for anti-terrorist security of the facility (hereinafter - regulatory requirements);
- design assignment from the developer or technical customer (hereinafter referred to as the design assignment);
- results of engineering surveys.
From a comprehensive reading of the above provisions of the Civil Code of the Russian Federation, it follows that when conducting a state examination, approval of design documentation can be requested only if the need to obtain such approval at the design stage (before the start of construction of a capital construction project) is provided for by regulatory requirements or assignment for design.
Additionally, it should be noted that some regulatory legal acts contain requirements for the approval of project documentation.