On 30 September 2011, the Government of the Russian Federation issued a decree on approving the rules on the temporary shutdown (konservatsiya) of capital construction projects ("Temporary Shutdown"). The rules describe the procedure and legal/technical requirements of documents in relation to Temporary Shutdown and subsequently resuming construction work.
Among other things, the mentioned rules provide for Temporary Shutdown under the following circumstances:
- if construction has ceased or if there is a necessity to stop construction for more than six months with a prospective renewal of construction in the future;
- the developer (customer) decides to implement a Temporary Shutdown (the "Decision"), where it outlines (i) Temporary Shutdown costs; (ii) the list of responsible parties; and (iii) a list and the requirements of documentation and of the works to be carried out in relation to Temporary Shutdown (which are also described in the Rules);
- upon making the Decision, the developer (customer) (i) notifies the contractor; (ii) the body which issued the construction permit; and (iii) the state construction supervision authority (if applicable) about the Temporary Shutdown; and
- in order to resume construction, the developer (customer) (i) performs a technical inspection of the capital construction project; (ii) changes the design documentation (if necessary) and respectively procures its state expert appraisal (including ecological); and (iii) then notifies the relevant state authorities seven working days prior to resuming construction.
[Decree No. 802 of the Government of the Russian Federation "On Approving the Rules of Temporary Shutdown of a Capital Construction Project", dated 30 September 2011]