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27 october 2020

New instruction on the procedure for technical supervision of construction

On 23.10.2020, Resolution of the Ministry of Architecture and Construction of the Republic of Belarus “Оn Approval of the Instruction on the Procedure for Technical Supervision of Construction” No. 40 of 04.08.2020 came into force.

Currently, Technical Code of Common Practice 45-1. 03-162-2009 “Technical Supervision in Construction. The Procedure for Conducting” (TCP 162) has not yet been canceled, but we expect its cancellation soon. The justification of mentioned above Resolution, which is available on the website of the Ministry of Architecture and Construction of the Republic of Belarus, provides for the cancellation of TCP 162.

Thus, the general regulation of technical supervision in construction will be carried out based on the following:

  • Law of the Republic of Belarus “On Architectural, Urban Planning and Construction Activity in the Republic of Belarus” (Law on Construction) No/ 300-Z of 05.07.2004; and
  • Resolution of the Ministry of Architecture and Construction of the Republic of Belarus “On Approval of Instructions on the Procedure for Technical Supervision of Construction» No. 40 of 04.08.2020 (Instruction).

According to the Instruction, technical supervision includes as follows:

  • supervision of compliance of construction works, applied materials, products, structures with the requirements of mandatory technical regulations and approved project documentation;
  • inspection of hidden works;
  • acceptance of completed construction works;
  • interim acceptance of critical structures and equipment;
  • checking the volume of completed construction and commissioning works;
  • control over the contractor's compliance with the instructions of the project documentation developer during the author's supervision;
  • elimination of violations specified in the logs of work production and author’s supervision.

The Instruction directly stipulates that the person performing technical supervision (whether the customer, real estate developer or involved engineer (engineering organization)) needs the certificate of conformity for technical supervision (please see paragraphs 4.3-4.16 of Annex 1 to the Regulations on Certification of Legal Entities and Individual Entrepreneurs Engaged in Certain Types of Architectural, Urban Planning, Construction Activity (their Components), the Performance of Works on Inspection of Buildings and Structures, approved by Resolution of the Council of Ministers of the Republic of Belarus No. 252 of 21.03.2014).

The customer, real estate developer, or engineer (engineering organization) performing technical supervision must notify the contractor in writing on the appointment of the head and representatives of the technical supervision.

The customer, real estate developer, or engineer (engineering organization) shall transfer to the head of technical supervision one copy of the project documentation with mark «For works», as well as a list of critical structures and main types of hidden works subject to interim acceptance and inspection with the participation of representatives of the author's supervision.

The Instruction details the procedure for acceptance of the hidden works and critical structures, sets forms of noticing about their conduct, and the forms of the certificate of hidden works inspection and the certificate of interim acceptance of critical structures.

When building projects at contractual (contract) prices, a representative of technical supervision approves the volumes of work performed, only.

The order of acceptance of construction works by a representative of technical supervision is still not provided by the laws and, therefore, shall be detailed in a construction contract.

The Instruction establishes rights and obligations of the representative of technical supervision in addition to the Law on Construction.

Besides, the Instruction establishes the contractor's obligation to provide the documents confirming the compliance of the completed construction works, commissioning works, materials used, products, and structures with technical regulatory acts and project documentation, as well as documents confirming the volume of construction work performed.

Should you have any queries on application of the Instruction please feel free to contact advocate Yuliya Liashenko via email yuliya.liashenko@vmp.by.