The legal requirements established for persons entitled to prepare project documentation also apply to persons making changes to project documentation. According to Part 11 of Article 48 of the Civil Code of the Russian Federation, the preparation of project documentation is carried out on the basis of an assignment from the developer or technical customer. The decision on the need to make changes to the design documentation is made by the developer or technical customer, which is reflected in the design assignment, which, as a rule, is an annex to the agreement on the preparation of design documentation.
According to the provisions of parts 4 and 5 of Article 48 of the Civil Code of the Russian Federation, the person preparing the project documentation can be a developer or an individual entrepreneur or legal entity that has entered into a contract for the preparation of project documentation. The developer has the right to prepare project documentation independently, provided that he is a member in the field of architectural and construction design. Work under contracts for the preparation of project documentation, concluded with the developer or technical customer, must also be carried out by individual entrepreneurs or legal entities that are members of self-regulatory organizations in the field of architectural and construction design.
Membership in self-regulatory organizations in the field of architectural and construction design is not required only for persons specified in Part 4.1 of Article 48 of the Civil Code of the Russian Federation. Changes to the design documentation are carried out in accordance with the requirements of section 7 of GOST R 21.1101-2013 “Project documentation system for construction (SPDS). Basic requirements for design and working documentation."