Problems associated with the lack of construction control when undergoing technical supervision. Lack of legislative basis and possible solutions of the situation
Abstract
Problems associated with the lack of construction control when undergoing technical supervision. Lack of legislative basis and possible solutions of the situation
Incoming article date: 01.05.2021This work considers the controversial situations in the field of construction control, technical supervision and оbtaining a commissioning permit. The problematic situation, in which there was no (partially or completely) construction control at the construction stage, is considered. The difficulties of obtaining a Conclusion on Compliance in a similar situation and appealing the decision of the technical supervision authorities in court are picked out. Poor elaboration of mechanisms for obtaining a Conclusion on Compliance in the absence of construction control is noted. The shortcomings of the existing document and the lack of a prescribed legal status of the construction and technical expertise are highlighted. The ways of solving the existing problem at the legislative level are offered. Amending the existing legislative framework, reforms of existing or creating new mechanisms for resolving problematic situations in the absence of construction control are suggested as the main solutions.
Keywords: construction control, technical supervision, construction and technical expertise, commissioning, Conclusion on Compliance, amendment to the legislative framework