Introduction:
The current situation is rather difficult for construction and real estate market in the Republic due to the general economic crisis, the devaluation of the national currency and a decrease in purchasing power. At the same time, a certain decline in the construction is temporary by its nature, and in future construction will continue to play an important role in the economy of the country and the market of construction services and real estate will be attractive for foreign investors. In this article we will review the basics of construction activity in the Republic of Belarus, as well as a list of necessary permits required for entering the market.
1. Stages of construction activities
Conventionally, organization of architectural and construction activities in the Republic of Belarus related to the construction project is carried out in several stages:
- The stage of obtaining permits for construction, during which the client (investor) applies to the state authorities for providing him the land and technical conditions, acquires the necessary conclusions, architectural planning task, a decision on the resolution for conducting development and construction works of the facility);
- The pre-investment stage includes the development of project documentation necessary for the architectural and engineering preparation of an investment project for the construction, financial and economic evaluation of the investment project (development of the business plan of the investment project), making up the final decision on the reasonability and financial suitability of the project by the customer (investor) (approval of pre-investment documentation), the preparation and issuance of a set of permits for project development and construction of the facilities;
- The investment phase is the most
time-consuming one and includes:
- preparing the project documentation necessary for implementation of the investment project in construction;
- obtaining a permission for construction and installation works;
- signing the building contract;
- construction (building) of the facility and putting it into operation;
- registration of the property in the state bodies and emergence of the rights related to it.
2. The permit to work system
Since the middle of 2014 approach to the possibility of conducting construction activities in the Republic of Belarus has qualitatively changed. In accordance with the Decree of the President of the Republic of Belarus dated January 14, 2014 with № 26 "On measures to improve construction activities", juridical and physical persons shall carry out certain types of architecture, urban planning and construction activities, as well as work on examination of buildings and structures if there is a certificate of conformity issued in accordance with a set procedure. Carrying out this activity (its components) without the certificate of conformity, in case it is required, is prohibited.
Since this time, the permit to work system related to construction activities in the Republic of Belarus includes:
- execution control system;
- certification of compliance for construction works;
- labor protection management system;
- availability of certified specialists;
- certification of compliance for construction activities (attestation).
3. Legal basis of obtaining permits
The procedure of obtaining all required documents starts with hiring the necessary certified specialists whose work is compulsory for the evaluation of the system of execution control, certification of construction works and obtaining the certificate of compliance. Foreign companies have the right to hire people who already have the necessary certificates or to send the employees to special courses in the Republic of Belarus (approximately from 2 weeks to 1 month), which is followed by examinations and obtaining respective permits. At the same time the applicant shall develop a system of labor protection, and at least three employees of the applicant must complete a course in labor protection in the Republic of Belarus followed by respective examinations.
In order to get conclusion on assessment of execution control and certification of construction work the applicant provides information about the availability of certified specialists, document on input and execution control, certificate related to execution control and conditions in working premises, information on availability of the necessary means of measurement and control with verification documents (accepted in the Republic of Belarus), the necessary technical regulations, engineering certificate, etc.
Attestation of compliance activities in the field of construction is obligatory for 9 main activities:
- engineering survey;
- development of preliminary project (pre-investment) documentation;
- fulfillment of duties of the general designer;
- development of the sections of project documentation;
- fulfillment of duties of the customer, the developer, providing engineering services in the field of construction;
- urban development;
- fulfillment of duties of the general contractor;
- construction of facilities;
- carrying out examination of buildings and structures.
Qualification requirements set for juridical persons for obtaining certificates of compliance are the same for residents of the Republic of Belarus and foreign companies. Certificates of compliance are divided into 4 categories according to the category of complexity of the facility (the first category - the highest) where a person can fulfill certain types of activity, thus, the certificate of compliance of a higher category gives the right to carry out these activities at facilities related to lower categories of complexity. The list of requirements for the participants of the construction activity depends on category the complexity of the facility for which the construction works are planned.
In particular, in order to obtain a certificate of compliance juridical persons acting as a general contractor shall have:
- three managers of the organization who have higher education in the sphere of relevant activity and not less than five years of work experience in the field of construction;
- not less than 600 people on the staff;
- owned or provided for economic or operational management active fixed assets estimated not less than 300 thousand base units (approximately 2 700 000 Euro);
- certified quality management system for construction and installation works (ISO);
- owned or provided for economic or operational management means of measurement and control necessary for the quality control of the declared activities in the field of construction;
- experience of a general contractor in the field of construction related to the first or second category of complexity;
- labor protection system;
- a certificate of technical competence of the system of execution control for each of the declared activities in the field of construction.
4. Conclusion
Undoubtedly, obtaining all the necessary permits, especially for foreign companies, is rather effortful and time-taking process that can take from 4 to 7 months. At the same time it is a prerequisite of entering the construction market of the Republic of Belarus, and the absence of these documents often prevents companies from taking part in construction tenders at the stage of participation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
