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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of August 11, 2011 No. 361

About enhancement of procedure for cost determination of construction of facilities and modification of some presidential decrees of the Republic of Belarus

(as amended on 26-02-2021)

For the purpose of enhancement of pricing in construction, implementations in practice of construction of the constant contract (contractual) prices:

1. Determine that:

1.1. estimate documentation on construction of facilities (further - estimate documentation) irrespective of sources of financing is developed based on standard rates of expense of the resources in kind approved according to the procedure, determined by Council of Ministers of the Republic of Belarus, and the prices of resources and (or) based on the enlarged standard rates of construction cost of the unit area (amount, capacity) object or the cost of objects analogs. Estimated cost of asset construction is determined on the start date of accomplishment of construction, special, installation works established by the customer, the builder taking into account the normative duration of construction determined in the project documentation.

If the period from start date of development of estimate documentation before the start date of construction (accomplishment of construction, special, installation works) specified by the customer, the builder in design assignment does not exceed six months, for reflection in estimate documentation of change in value of asset construction (accomplishment of construction, special, installation works) during the specified period, and also in the period of the normative term of asset construction (accomplishment of construction, special, installation works) before its completion the forecast price indexes in construction approved by the Ministry of Economics are used. In other cases the estimated cost of asset construction (accomplishment of construction, special, installation works) is subject to adjustment according to the procedure, determined by Council of Ministers of the Republic of Belarus.

Based on estimate documentation the customer, the builder according to the procedure, established by the legislation, determine contractor which bid price is the constant contract (contractual) price of asset construction (accomplishment of construction, special, installation works). Cases in case of which adjustment of the constant contract (contractual) price is allowed are established by Council of Ministers of the Republic of Belarus.

Exceeding (decrease) of actual cost of contractor's work in relation to the constant contract (contractual) price of asset construction in case of achievement of consumer and quality characteristics of object according to the project documentation belongs on financial results of activities of the contractor, except for the case specified in part four of this subitem.

In case of decrease in actual cost of the contractor's work performed in case of construction of apartment houses for the citizens performing construction of premises with the state support, the contractor returns to the customer the money which is not used on the construction purpose;

1.1-1. based on the project documentation on construction of facilities developed fully or partially at the expense of means republican and (or) local budgets, including the state trust budget funds, and also the state non-budgetary funds, external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus of the credits of the banks of the Republic of Belarus issued under guarantees of the Government of the Republic of Belarus and regional, Minsk city executive committees, and information of the customers, builders on cost completed by construction of facilities are created republican fund of the project documentation and republican databank of objects analogs on construction of facilities.

The procedure for creation and maintaining republican fund of the project documentation and republican databank of objects analogs on construction of facilities, provisions in use and material utilizations and data of the specified fund and databank is established by the Ministry of Architecture;

1.1-2. monitoring of the prices (rates, cost) and calculation of price indexes in construction is perfromed according to the procedure, established by the Ministry of Architecture in coordination with National Statistical Committee, based on data, including not centralized state statistical observations.

1.2. to the contractor it agrees to the construction contract signed with the customer functions on ensuring development (at the expense of means of the customer) the construction project can be assigned.

2. Make changes to the following presidential decrees of the Republic of Belarus:

2.1. in subitem 1.2 of Item 1 of the Presidential decree of the Republic of Belarus of August 30, 2005 No. 405 "About some measures for construction of apartment houses (apartments) in agricultural organizations" (The national register of legal acts of the Republic of Belarus, 2005, No. 137, 1/6744; 2007, No. 223, 1/8874; 2009, No. 131, 1/10714):

exclude part one;

speak rapidly second or third to consider respectively parts of the first or second;

to exclude from part one of the word "At the Same Time";

2.2. ceased to be valid according to the Presidential decree of the Republic of Belarus of 26.02.2021 No. 58

2.3. the Section "Ministry of Architecture" of appendix 1 to the Presidential decree of the Republic of Belarus of February 25, 2011 No. 72 "About some questions of price regulation (rates) in the Republic of Belarus" (2011, 26, 1/12374) to state the national register of legal acts of the Republic of Belarus to No. in the following edition:

"Ministry of Architecture

The construction materials, products, designs, works and services used (which are carried out, rendered) when constructing facilities, financed fully or partially by means republican and (or) local budgets, including the state trust budget funds, and also the state non-budgetary funds, external state loans and external loans attracted under guarantees of the Government of the Republic of Belarus, the credits of banks of the Republic of Belarus under guarantees of the Government of the Republic of Belarus and regional, Minsk city executive committees, and also in case of construction of apartment houses (except for the means of foreign investors financed with use)".

2-1. Requirements of this Decree are not applied when constructing facilities according to town-planning documentation of the Chinese-Belarusian industrial park "Great Stone".

3. In three-months time to provide to Council of Ministers of the Republic of Belarus reduction of regulatory legal acts in compliance with this Decree.

4. To impose control over the implementation of this Decree on the State Control Committee.

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