Own business: creation of a self-regulatory building organization (SRO)

* The calculations use the average data for the World

At present, in order to engage in construction, it is not required to obtain a special license; more recently, those organizations that have received special permission from SROs have the right to carry out construction work. SRO is a self-regulatory organization, which is a non-state enterprise registered as a non-profit organization. That is, at present, the activities of construction companies are supervised by specially created companies, not created by the state, but by the market participants themselves, but not always the entrepreneur who decided to engage in construction can find a self-regulatory organization suitable for him, and therefore he can consider the option of creating his SRO, which will help him in his work. Here, of course, there are a huge number of features and some difficulties, but in general it is quite realistic to open your SRO.

In general, an SRO is an NPO that unites either entrepreneurs engaged in the same business area (the same or similar production, trade in similar types of goods, provision of a specific list of services), or workers in a particular industry. In simple words - SRO can unite either construction companies or construction workers themselves, acting here as a kind of analogue of the trade union. However, in the case of construction, the foundation of the SRO is justified not only by the desire of the participants themselves, but also by law, so this is especially true for the construction industry. It should also be noted that if an SRO is opened not only for personal needs (which in itself is impractical, because it is very costly and requires a lot of effort and money to support its work), then it is necessary to take into account the situation on the market, analyzing the work of similar companies. In simple terms, it is worth learning more about your competitors, which other SROs also become.

In general, it must be said that a self-regulatory organization that works in the construction industry should offer its members the opportunity to obtain access to construction work, it is strictly required nothing more from it, but companies entering the organization expect help from it in solving many issues. This includes legal advice, the search for potential clients, the regulation of relationships between participants and much more. It is then that when a self-regulatory organization can offer its members a sufficiently large number of additional services and is fully involved in the process of work and decision-making, we can say that a sufficient number of organizations will join such SROs to ensure the necessary amount of incoming funds in the form of membership contributions.

To start work, it is necessary to register your non-profit organization in a standard manner. As already noted, an SRO cannot be a commercial organization, that is, its main area of ​​activity cannot be profit. However, this does not mean that the organization does not have the right to offer its members any paid services. Moreover, in most cases, the SRO is forced to charge some membership fees, and some organizations set monthly membership fees. That is the essence of the whole reform - to shift the responsibilities of managing construction organizations to the entrepreneurs themselves, but financing is needed for this complex system to work. In this regard, it is most often advisable to open an SRO initially in cooperation with several companies, which will become its first members. It must also be said that the status of NPOs can be obtained only if it includes at least 25 business entities or 100 individuals who are professional entities. That is, it is possible to start the opening of an SRO either by searching for like-minded people, the number of which by the time of registration should reach the above number, or by searching for potential customers, and when the number of members of an organized NPO also reaches the established value, you can apply for the status of an SRO.

However, the tests do not end there, the most difficult moment follows - obtaining an official permit to issue a permit for construction work to SRO members. To do this, you will have to turn to a considerable number of regulatory organizations. First of all, you need to receive a notification from the Ministry of Justice that your company is a self-regulatory organization. At this point, all documentation should be ready, which will make it possible to assess the work of the company, tactics and strategy for its development.

An important point that regulatory organizations pay attention to is working with clients, insurance coverage and ensuring the liability of all SRO members to their consumers. Therefore, it is required to create a compensation fund, but there are no exact requirements for this. Moreover, each subject of the Russian Federation may have its own requirements regarding the opening of an SRO, therefore, it should be more precisely recognized in the department of your region. On average, it is required to allocate about one million rubles for each member of an SRO, but if you conclude a liability insurance contract, this figure can be significantly reduced. Also in the SRO there should be a mechanism for resolving the debate between the participants (like an arbitration court). When you have the status of SROs, you can contact the Department of Architecture and Urban Planning in your region or another agency that deals with issues of issuing permits for the conduct of activities of enterprises of this kind. Depending on the areas of activity, it may be necessary to contact Rostekhnadzor, which monitors the engineering work, architectural and construction design, reconstruction of buildings and their overhaul. Before going there, you need to prepare the following package of documents:

1. The charter.

2. OGRN non-profit organization.

3. Copy OGRN members of a non-profit organization.

4. Register of members.

5. Regulation on the compensation fund.

6. Bank statement on depositing funds to the account.

7. Regulation on the Control Commission and the Rules of its work.

8. The Regulation on the Disciplinary Commission and the Rules of its work.

9. Standards of entrepreneurial or professional activity.

10. Rules of entrepreneurial or professional activity.

11. Requirements for the issuance of certificates of admission.

12. Form of certificate of admission.

13. Rules of control.

14. Disciplinary charter (or other similar document).

15. Membership Regulation.

16. Regulation on reports.

17. Form of reports.

18. Regulation on the arbitration court.

19. Rules of the arbitration court.

20. Regulation on certification of members of SROs.

21. Regulation on advanced training or Regulation on certification of work (services), manufactured products.

Within usually 15 days, a decision will be made as to whether the organization is suitable for the stated requirements. Formally, the activities of the construction SRO are not licensed, but the regulatory body checks the company for compliance. It is also required to transfer information about their employees to the state body so that they have confidence that the leading work is performed by qualified and experienced employees. That is, a full check passes, after which permission is issued. Currently, the state is aimed at simplifying the entire registration process as much as possible, therefore it is usually possible to obtain all permits in order to conduct its own work management and establish its own rules. The main thing is that all this does not contradict the current legislation.

However, if the company already has at least 25 business entities, this does not mean that it is worth stopping and not attracting new members. Of course, there are cases when the SRO is not interested in new members, usually it concerns those SROs, which were originally an association or a union of cooperating organizations that ultimately decided to manage their activities themselves, and therefore the work of their SROs is aimed at protecting interests and supporting only organizing companies. However, when opening an organization that is created specifically as a supervisory authority in the field of construction, it is necessary to engage in attracting as many entrepreneurs as possible - this will increase the kind of profitability of such an initiative, that is, it will allow you to receive more money for your development without significant investment in expansion. In general, the construction companies themselves are interested in joining any SRO, and they find the most suitable for them in profile and established requirements.

In connection with the requirements of the legislation regarding the formation of a compensation fund, due to the need to allocate considerable funds to support the work of SROs, the cost of entry is rarely less than several hundred thousand rubles, SROs, which work with large companies, are forced to require sometimes millions of rubles as an entrance fee. All this, to one degree or another, scares off a certain percentage of entrepreneurs, especially small ones, who do not have such amounts. However, the situation is such that it is almost impossible to open a very small enterprise on the construction market today, large investments are required, and even start-up construction companies put the cost of a membership fee into their starting budget.

However, for the choice to be made in favor of the right SRO, it should have the most loyal policies and offer its members comprehensive assistance. This primarily includes consulting services, SROs can form departments on the basis of their company that outsource the business processes of their members that are not related to profit. SRO resolves all issues and conflicts between participants and their consumers. If necessary, the SRO can act as an assistant in resolving judicial issues. It is also very important that the SRO has a clear program of certification and disciplinary regulation, and is designed in such a way that no company has an advantage over others. In the case of the receipt of an order for any construction work directly to the self-regulatory organization itself, it holds a competition in which the most suitable company wins. Thus, we can say that today SRO is not only a company that simply issues permits (admission) for construction works, but also deals with all possible administrative and organizational activities.

The basis for financing SROs is, of course, membership dues, which, as has already been noted, can be monthly, and not just introductory; there are also targeted contributions that all or some members are required to pay. However, the company has to find other sources of cash. These include training and continuing education activities for employees of companies that are members of SROs. Only we must not forget that in order to carry out educational activities, including training in vocational education programs, it is required to obtain an appropriate educational license. This can take a lot of time, it will require a lot of effort and money. However, in the end, such work will allow attracting a considerable number of companies, offering them a service that can be found far from every SRO. A significant part of the funds comes from the provision of consulting activities, many members will need high-quality legal support, which will bring a steady income. Ultimately, when generating a sufficiently large amount of cash, they can be used to invest in third-party projects or simply transferred to credit organizations to receive interest on borrowed money. All this allows the SRO to provide itself with the necessary and stable income, which will ensure the work.

Of course, only professionals in their field should work in such a firm. However, the work of the SRO does not require the availability of technical contractors, that is, the builders themselves, it is usually enough to have people who can only deal with the design and construction assessment. The staff should have a specialist who is able to adequately assess the available capacity of a member enterprise and its capabilities in a particular case. It is necessary to attract people who have very rich experience in construction, these may be the leaders of construction companies or just promising personnel who have been trained in management and have worked a lot in the construction industry. If the company does not meet the requirements put forward by the project, then it cannot be approved. Moreover, all responsibility usually lies directly with the SRO as the governing organization. In this regard, the SRO is not interested in issuing permissions to anyone, only the most suitable organization is assigned to each project.

Further, the staff should be people who are engaged in organizational and administrative work, and in this direction there really can be a lot of them - most of the activities of SROs are aimed specifically at regulation and management, control and optimization. Among the employees there should be an experienced lawyer and tax consultant who are involved not only in the work of the company itself, but also provide additional services to companies with membership in SROs. Most often not at no cost. For your work, you will almost certainly have to attract a whole staff of accountants, and they can also outsource the bookkeeping of small firms that have membership. The staff of a self-regulatory organization is usually quite large, especially when it comes to a large company that brings together several dozens, and sometimes hundreds of firms.

The creation of a self-regulatory building organization often becomes the best way out of the situation when an entrepreneur is going to work in the construction industry. In this case, having teamed up with other companies, you can create an organization that will in many aspects support the activities of its members. The amount of start-up investments is usually very large, but, as a rule, the start-up capital for opening an SRO (including the money necessary to form a compensation fund and other insurance and reserve reserves) is formed by all companies - future members - equally. To work in this direction, you will have to have experienced people in your team, to know everything about the construction areas that the company will be involved in and have considerable experience. With proper organization, you can rely on the fact that the company will not become a loss-making enterprise that cannot provide for itself.

Matthias Laudanum

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