What contract to make the movement of soil or export. Placement (movement) of soil and construction waste. Invoice for the removal of soil from the object is not needed

To the executive authorities of the city of Moscow as part of a pre-trial appeal.

The applicant has the right to file a pre-trial (out-of-court) complaint against the decision and (or) action (inaction) of the Department and its officials in the provision of public services. Filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 No. 210-FZ "On the organization of the provision of state and municipal services", the Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow, approved Decree of the Government of Moscow dated November 15, 2011 No. 546-PP “On the provision of state and municipal services in the city of Moscow”.

The applicant has the right to file a complaint with the antimonopoly authority in accordance with clause 5.4 (1) of Appendix 3 of Decree of the Government of Moscow dated November 15, 2011 No. 546-PP

Applicants may file complaints in the following cases:

Violation of the deadline for registration of the application and other documents required for the provision of public services;

Requirements from the applicant for documents, the submission of which by the applicant for the provision of public services is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow, including documents obtained using interdepartmental information interaction;

Violation of the term for the provision of public services;

Refusal to the applicant: to accept documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow;

In the provision of public services on grounds not provided for by regulatory legal acts of the Russian Federation and the city of Moscow;

In correcting misprints and errors in documents issued as a result of the provision of public services or in case of violation of the established deadline for such corrections;

Other violations of the procedure for the provision of public services established by regulatory legal acts of the Russian Federation and the city of Moscow.

Complaints are considered by the head of the Department and officials authorized by him.

Using the official website of the Department in the information and telecommunication network Internet. The complaint must contain:

The name of the body (organization) authorized to consider the complaint or the position and (or) last name, first name and patronymic (if any) of the relevant official to whom the complaint is sent.

The name of the executive authority of the city of Moscow, position and (or) surname, name, patronymic (if any) of the official whose decisions and actions (inaction) are being appealed.

Surname, name, patronymic (if any) of a person registered as an individual entrepreneur, or name, information about the location of the applicant - a legal entity, as well as contact phone number (numbers), e-mail address (s) (if any) and postal the address to which the response should be sent to the applicant.

The date of filing and registration number of the application for the provision of public services (except for cases of appealing the refusal to accept the application and its registration).

Information about decisions and actions (inaction) that are the subject of appeal.

Arguments on the basis of which the applicant does not agree with the contested decisions and actions (inaction). The applicant may submit documents (if any) confirming the applicant's arguments, or copies thereof.

Applicant's requirements.

List of documents attached to the complaint (if any). The date the complaint was made.

The complaint must be signed by the applicant (his representative). In the case of filing a complaint in person, the applicant (representative of the applicant) must submit an identity document.

The authority of the representative to sign the complaint must be confirmed by a power of attorney drawn up in accordance with the law.

The powers of a person acting on behalf of the organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the organization.

The received complaint is subject to registration no later than the working day following the day of receipt.

The maximum term for consideration of a complaint is 15 working days from the date of its registration. The term for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:

Refusal to accept documents.

Refusal to correct typos and errors made in documents issued as a result of the provision of public services.

Violations of the deadline for correcting typos and errors.

Based on the results of consideration of the complaint, a decision is made to satisfy it (in whole or in part) or to refuse to satisfy it.

The decision must contain:

Name of the body or organization that considered the complaint, position, surname, name, patronymic (if any) of the official who made the decision on the complaint.

Details of the decision (number, date, place of adoption).

Information about the location of the applicant - a legal entity or an individual entrepreneur.

Last name, first name, patronymic (if any), information about the place of residence of the applicant's representative who filed the complaint on behalf of the applicant.

Method of filing and date of registration of the complaint, its registration number.

The subject of the complaint (information about the appealed decisions, actions, inaction).

The circumstances established during the consideration of the complaint and the evidence confirming them.

Legal grounds for making a decision on the complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.

The decision taken on the complaint (conclusion on the satisfaction of the complaint or on the refusal to satisfy it). Measures to eliminate the identified violations and the timing of their implementation (if the complaint is satisfied). Procedure for appealing a decision. Authorized official's signature.

The decision is made in writing using official forms. Among the measures indicated in the decision to eliminate the identified violations, among other things, include: Cancellation of earlier decisions (in whole or in part).

Ensuring the acceptance and registration of the application, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).

Ensuring registration and issuance to the applicant of the result of the provision of public services (in case of evasion or unreasonable refusal to provide public services).

Correction of typos and errors made in documents issued as a result of the provision of public services.

The body or organization authorized to consider the complaint shall refuse to satisfy it in the following cases:

Recognition of the contested decisions and actions (inaction) as legal, not violating the rights and freedoms of the applicant.

Filing a complaint by a person whose powers are not confirmed in the manner prescribed by the regulatory legal acts of the Russian Federation and the breed of Moscow.

Lack of the applicant's right to receive public services. Availability:

A court decision that has entered into legal force on the applicant's complaint with identical subject matter and grounds.

A decision on a complaint made earlier in a pre-trial (out-of-court) procedure in relation to the same applicant and on the same subject of the complaint (with the exception of cases of appealing against earlier decisions to a higher authority).

The complaint shall be left unanswered on the merits in the following cases:

Filing a complaint with a body or organization that is not authorized to consider it.

The presence in the complaint of obscene or offensive language, threats to life, health and property of officials, as well as members of their families.

If the text of the complaint (its part), surname, postal address and e-mail address are unreadable.

If the complaint does not indicate the name of the applicant (representative of the applicant) or the postal address and e-mail address to which the response should be sent.

Upon receipt by the body or organization authorized to consider the complaint, the petition of the applicant (representative of the applicant) to withdraw the complaint before a decision is made on the complaint.

Decisions to satisfy the complaint and to refuse to satisfy it are sent to the applicant (representative of the applicant) no later than the working day following the day of their adoption, at the postal address indicated in the complaint. At the request of the applicant, the decision is also sent to the e-mail address indicated in the complaint. In the same manner, the applicant (representative of the applicant) is sent a decision on the complaint, in which only an e-mail address is indicated for a response, and the mailing address is missing or illegible.

If the complaint is left unanswered on the merits, the applicant (representative of the applicant) is sent a written reasoned notice indicating the grounds (except when the complaint does not indicate the postal address and e-mail address for a response or they are unreadable).

Filing a complaint in a pre-trial (out-of-court) procedure does not exclude the right of the applicant (representative of the applicant) to simultaneously or subsequently file a complaint with the court.

The environmental situation in our city is not the best, so officials are doing everything they can to correct this situation.

The situation is corrected by controlling the movement of soils both in Moscow itself, and by the fact that it is necessary to move soils to the appropriate landfills that have a license and limits from the Department of Construction of Moscow.

Dumping soil in the nearest forest is fraught with large, multimillion-dollar fines and administrative and criminal cases.

All landfills are required to register and accept soil in accordance with the limits requested and issued to them. Therefore, the documentation submitted to the Construction Department necessarily includes: contracts with the landfill, their limits and licenses.

So that trucks with soil do not drive through the whole city, the shoulder for transporting soil is regulated. The shoulder, as a rule, is indicated in the project estimate, and in accordance with this shoulder, the landfill to which you will carry the soil is selected. The list of polygons to which you can move soil is indicated in the volume of environmental engineering studies, and only among them you can choose.

The supply of soil to the landfills is paid by the contractor (although this amount is usually included in the estimate) to the landfill. You need to understand that the landfill pays part of this amount to the city budget. For ecology.

In Moscow and the Moscow region, there are different landfills that accept soils of varying degrees of pollution. Clean soils (hazard class 5) accept all landfills.

There are contaminated soils (from 4 to 1 hazard class) they can be accepted by a limited number of landfills, but it also happens that there is not a single landfill that can accept heavily polluted soils and then the soils are sent for disinfection. It is expensive. And for a long time.

You can also find out the hazard class of your soils from the engineering and environmental report, table 3.1. If in the table such columns as: gasoline, oil products, arsenic are highlighted in bold, then, depending on the excess from the norm, a landfill is selected for you or the soil is sent for disinfection.

Two permits are issued, depending on the type of work:

1. Permission to move soil to the landfill
2. Permission to move soil per 1 km, as a rule, is a dump for subsequent backfilling in trenches.

After obtaining permission to move the soil, you will be able to export the soil to the landfill with which you have an agreement. This landfill is registered on the form of permission to move.

After you take out all the soil, the permit must be closed. To do this, you need to come with him to the landfill that accepted your soil, and he will enter the accepted volume into the form for you and put his stamp on it. After that, you need to hand over these permits to the Department of Construction for closing.

If the calculated volumes and those accepted by the landfill differ greatly, the permit may not be closed to you. There are, of course, nuances, such as incomplete closure, but it makes no sense to describe a lot of such special cases here.

Separately, we can say about coupons for moving soil. Coupons are issued by the landfill, they have a different form, depending on the landfill and tonnage. One ticket per car is issued. Accordingly, we have coupons for 10, 15, 20 tons.

Coupons are primarily necessary for presentation to traffic police officers, as well as, in the case of a contract with government agencies (GBU) (for example, Mosgaz or MOEK) to receive payment under the contract for the factually handed over soil. Commercial (investment contracts), as a rule, do not require coupons redeemed by the landfill, limited to closed permits from landfills and Depstroy indicating the volume removed.

List of documents to be submitted to the one-stop shop of the Department of Construction for obtaining a permit for the movement of soil:

1. A copy of the OATI warrant(s) for earthworks or an application for an OATI warrant certified by the applicant (issued from the start of construction).
2. Building permit.
3. Work schedule agreed by the construction participants and approved by the customer.
4. A copy of the agreement with the transport organization, certified by the Applicant (in the case when the removal of soils is not carried out by the organization - the applicant).
5. Conclusion on the sanitary-ecological examination of the soil: radiation, toxic-chemical, bacteriological, and a copy certified by the applicant.
6. Technical conclusion (characteristic and vertical section of the soil).
7. Project of work production.
8. Situational plan.
9. Local estimates for earthworks and a statement of volumes of earth masses from the construction organization project.
10. Estimate for vertical planning.
11. A copy of the document confirming the authority of the Applicant, certified by the applicant (agreement between the investor and the customer / between the customer and the general contractor / between the general contractor and the subcontractor)
12. Account card of the organization (customer and all contractors).
13. Landfill licenses and limits.
14. landfill agreement.
15. Carrier agreement and license
16. An electronic media containing PDF scans of the above documents.

All copies of documents provided both on paper and in electronic form must be either stitched and certified by the seal of the applicant's organization (usually the Contractor) or without stitching, then each sheet of the document is certified.

Opening permits according to the regulations, subject to an exhaustive package of documentation, is 10 days.

Stroyconsulting provides consulting services for obtaining permission to move soil, work with landfills and conduct soil examinations.

How to arrange the transportation of soil, documents that are absolutely necessary for the transportation of goods, what documents to confirm the export of soil will be clarified by the article.

Question: We provide a soil removal service. What documents do they need to provide to confirm these works? Certificate of completion, invoice, register, waybills?

Answer: The parties have the right to prescribe in the contract what specific documents will confirm the services for the removal of soil.

In this case, sufficient confirmation of services will be:

contract,

service act,

Invoice.

Additional documents, in this case, can be:

A copy of the waybill (the original remains with the contractor),

Payment documents for services rendered.

The carrier does not have to provide you with a waybill. It is drawn up in one copy and is not transferred to the customer of transportation. There is no such requirement in the regulations.

The courts also believe that the absence of travel tickets from the customer of services does not indicate the absence of documentary evidence of such costs (decisions of the Federal Antimonopoly Service of the Moscow District of March 19, 2012 No. -11, Volga region dated 10.21.10 No. А49-442/2010, Moscow district dated 09.03.08 No. КА-А40/8214-08 and Northwestern district dated 01.18.08 No. А56-15033/2007).

Along with this, you can additionally request a copy of the carrier's waybill and attach it to the act. Copies of waybills may be needed as additional evidence that the contractor actually provided transport services to him.

How to arrange the transportation of soil

The organization performs construction work (asphalt laying, etc.). I signed a separate contract with the customer for the removal of his soil. The customer asked to give him an invoice, act and consignment note. Who should write out the TTN for the service, because this is the customer's soil? Who is the consignor and consignee? And do you really need TTN?

In this case, you should first decide what the soil is for the customer. This is a commodity-material value transferred to the consignee. Or is it a by-product that occurs during the production process and is taken out to the dump. After all, the purpose of the TTN is to account for the movement of inventory items and payments for their transportation by road. Based on the TTN, the consignee settles with the consignor. And if we are talking about the removal of soil from the construction site for the purpose, for example, of its movement and planning in another place, then, I think, in this case, TTN is not needed. It is enough to draw up an act of services rendered. Attach waybills on the operation of trucks in the form No. 4-C to it. Also present the invoice to the customer.

Documents that are absolutely necessary for the transport of goods

3. Paperwork for road transport

3.5. Waybill

The provision of services for the carriage of goods without issuing a waybill for a car - a truck or a car - is prohibited. The basis is paragraph 2 of Article 6 of Law No. 259-FZ. The waybill is presented by the driver when the vehicle is delivered to the consignor or charterer (clause 1, article 10, clause 6, article 18 of Law No. 259-FZ). This is the document of the owner of the vehicle. The transfer of a copy of the waybill to the customer of transportation is not provided for by regulatory documents.

Invoice for the removal of soil from the object is not needed

The organization is building. The removal of soil from the site is carried out by a transport company, which at the end of the month issues a certificate of completion and issues an invoice. These documents indicate the name of the service - "removal of soil", units - "cub. m. Do you need bills of lading for this?

No, not needed.

Waybills are used when transporting goods, in respect of which the movement of inventory items is kept. It is obvious that the accounting of goods is not kept when they do not have a market value. This applies, for example, to the removal of soil to dumps and construction waste.

In addition, invoices are required when concluding a contract for the carriage of goods, and in this case, vehicles are provided on the basis of a charter contract.

Such conclusions follow from Article 8 and Clause 1 of Article 18 of the Federal Law of November 8, 2007 No. 259-FZ "Charter of Road Transport and Urban Surface Electric Transport". At the same time, I recommend reflecting the features of the document flow of the organization in the contract with the transport company.

These permits are required by contractors to provide the Customer, usually in a closed form, to close payments for the disposal and removal of solid waste, especially, more often with coupons, budget customers or city customers. To date, an open permit for the movement of solid waste is not required for submission to the OATI. Now the procedure is reversed, an open order from the OATI is required to open a permit for the movement of construction and demolition waste.

Permits for the movement of soil and the removal of construction and demolition waste are issued by the Department of Construction of Moscow at the address: Moscow, st. Bolshaya Dmitrovka, 16, building 2.

Permits are not required for all types of work. As a rule, their presence is required for types of work where it is necessary to move large volumes of soil and construction waste to landfills. For facade work, reconstruction of engineering networks, landscaping, where the volume of soil and waste does not exceed 50 m3, it is not required to open permits and these wastes are disposed of in the usual way, it is enough to conclude an agreement with a company that transports garbage to landfills. In the case of large volumes, you will need to issue permits.

Ground Movement Permit

If your types of work require a large volume of soil movement in Moscow, a mandatory opening of a permit is required. This is required in order to distribute traffic flows across the territory of Moscow and to maintain a favorable environmental situation, since soils have a different hazard class, and it is prohibited by law to unload toxic soils into clean landfills. As well as dumping broken bricks and concrete in the nearest forest.

The contractor receives a ground permit. To do this, it is necessary to obtain the following project documentation from the customer:

1. Engineering and environmental conclusion (sometimes called Sanitary and epidemiological) with tables on the hazard class of soils.
2. Geotechnical survey with longitudinal sections by soil types
3. Building permit
4. Estimated documentation (not needed in full, but only the part where the movement of the soil and the cover are indicated)

Permit for movement of construction and demolition waste

If you generate construction waste during construction and demolition of a facility that needs to be disposed of, you need to open a waste transfer permit with the Department of Buildings.

All types of waste that are planned for removal are listed in the Waste Management Technological Regulations and provided to the contracting organization by the customer (investor). There are situations when the Customer did not develop the Technical Regulations and coordinated it with the Construction Department. In this case, it is necessary to conduct a structural survey, determine the volume and type of waste (concrete, brick, metal, glass, etc.), after which, based on the survey, develop a Technological Regulation and coordinate it with the Construction Department.

The Technical Regulations also indicate the types of waste, methods of disposal or processing, a list of landfills to which certain types of waste can be removed.

The opening of a permit for the movement of construction and demolition waste is carried out by a contractor. To do this, you must obtain the following list of project documentation from the customer:

1. Technological regulations for waste management.
2. Building permit
3. Estimate documentation (not needed in full, but only the part that indicates the movement of garbage and the cover)

To obtain a permit for the movement of soil, it is necessary to submit a package of documents to the One Stop Shop Service of the Construction Department and duplicate them electronically on a PDF disk.

Stroyconsulting offers you consulting services in the field of issuing permits for the movement of soil and construction and demolition waste in the Department of Construction of Moscow.

Our company in the shortest possible time will perform a full range of activities for the removal of soil, construction waste and demolition from your site. If you do not have or do not have enough of your own equipment, we will help you organize the removal of construction waste and soil.

Work on the export of OSSiG is carried out around the clock in accordance with the prescribed conditions and schedule in the service agreement.

In less than 1 year, our company has reviewed and prepared more than 20 sets of documents. For each set, a permit was obtained for the export of OSSiG. At the moment, most of the permits are closed, work is underway on the rest.

In 2016, our company removed more than 50,000 m3 of OSSiG from construction sites in Moscow and the Moscow region. We provide services to well-known companies in various construction industries.

Our company assists contractors in obtaining permits from the Moscow Department of Construction:

Opening/permits (orders) for the export of OSSiG

Conclusion of an agreement for the placement of OS&G

Permit renewal

Cancellation and closure of permits

We also offer comprehensive support, which will include all stages of work with permission.

Required documents for issuing a permit for the movement of construction and demolition waste, including soil.

The order of organization of work permitting system for the movement of construction waste, demolition, including soil.