On Architectural, Town Planning and Construction Activities in the Republic of Kazakhstan

New Unofficial translation

The Law of the Republic of Kazakhstan dated 16 July, 2001 No. 242.

      Unofficial translation
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      Footnote. Throughout the text, the words such as “authorized state body for architecture, town planning and construction”, “authorized state body for architecture, town planning and construction”, “authorized state body for architecture, town planning and construction” are replaced by the words “authorized body for architecture, town planning and construction", "authorized body for architecture, town planning and construction", "authorized body for architecture, town planning and construction" in accordance with the Law of RK № 366-V dated 28.10.15 (shall be enforced upon expiry of ten calendar days after its first official publication).
      This Law regulates relations arising between state bodies, individuals and legal entities in the process of carrying out architectural, town planning and construction activities in the Republic of Kazakhstan, and is aimed at creating a full-fledged habitat and human activity, sustainable development of inhabited localities and inter-settlement areas.

Section 1. State regulation of architectural,
town planning and construction activities Chapter 1. General provisions

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:
      1) design author supervision is the author's legal authority to exercise control over:
      development of a construction project (construction documentation) carried out by the designer (designers) of an architectural and town planning piece of work;
      implementation of a construction project carried out by its developers, including the designer (s) of an architectural or town planning piece of work;
      1-1) agglomeration - a local system of urbanized settlements located around one or several big urban centers with their daily labor, production, socio-cultural and other ties, as well as a tendency to territorial integration with each other;
      2) living environment - the environment where people live. Living environment includes:
      environment - a set of natural and artificial objects, including atmospheric air, ozone layer of the Earth, surface and underground waters, lands, subsoil, flora and fauna, as well as the climate in their interaction;
      architectural and landscape environment - a space with a combination of natural conditions and architectural forms where a person performs economic activities and other functions. As a rule, it is the environment of inhabited localities, which determines the living conditions and psychophysical state of people;
      accessible environment (inclusive) - property of the building, place of service, place of residence, which allows to easily reach the place and use the service, as well as having parameters that make it possible to use the service, to reach for a thing;
      internal environment - a set of living conditions in residential premises and working conditions in working (industrial) premises, including social, aesthetic, biological, psychological and physico-chemical factors, including natural radiation, external noise, biotic environment, pollution, humidity, composition and movement of air, odors, products of combustion, natural and artificial lighting, water purity, and more;
      3) facilities of special regulation and town planning regulation - facilities of architectural, town planning and construction activities, implementation of which is difficult or impossible without introducing special rules (procedure), establishing exceptions or making additions to the generally accepted rules (procedure) of using territories, territory of inhabited locality, separate real property;
      3-1) the register of accredited expert organizations - consolidated list of legal entities entitled to conduct a comprehensive independent examination of construction projects;
      3-2) accredited expert organization - a legal entity accredited in accordance with the procedure established by the authorized body for architecture, town planning and construction, carrying out comprehensive departmental expertise of construction projects (feasibility studies and design and estimate documentation) not assigned by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities to the state monopoly;
      4) anthropogenic impacts - positive and negative impacts on nature, environment, settlement, caused as a result of various forms of influence of human activity. In the case of a negative impact, there is a need to apply environmental protection measures;
      4-1) register of certified experts - a constantly updated single list of individuals certified by the relevant structural divisions of local executive bodies and entitled to:
      carrying out work on the examination of projects for construction of facilities (feasibility studies and design and estimate documentation), as well as projects for town planning of territories (town planning projects at various levels);
      technical inspection of the reliability and sustainability of buildings and structures;
      rendering engineering services on technical supervision on behalf of the customer and designer supervision on behalf of the project developers;
      5) zoning of territories - in case of planning of town planning, the division of territories into functional zones with the establishment of types of town planning use of individual zones and possible restrictions on their use;
      5-1) territorial transport planning - planning the development of the territory’s transport system, which also includes planning the location of the infrastructure of all types of transport and tracing the route network of transport;
      6) construction in progress - a construction project not accepted by the customer in accordance with the established procedure for commissioning and not used for its intended purpose (accommodation, provision of services, production, profit and other types of operation);
      6-1) unique construction project - buildings, structures and their complexes, characterized by special, not previously used individually or as a whole architectural, space-planning, constructive, engineering or technological solutions, for which there are no state or interstate technical regulations and normative technical requirements for design and construction, determining the need for the development, coordination and approval of special technical conditions for this object s (special rules);
      6-2) consistent architectural style - a set of common features used in construction, characteristic of a certain area of development of the territory, including individual development. The main parameters are appearance, architectural style, color scheme, number of floors, finishing materials. For the area of individual dwelling, the main parameters are appearance, architectural style, color scheme, number of floors, finishing materials, fences, type of roof, and location of household buildings on the site;
      7) construction - an artificially created volumetric, planar or linear facility (ground, surface and (or) underground, underwater), having natural or artificial spatial boundaries and intended to perform production processes, place and store material values or temporary stay (transfer) of people, cargo, as well as placement (installation, wiring) equipment or communications. The structure may also have artistic and aesthetic, decorative and applied or memorial purpose;
      7-1) draft detailed planning - town planning documentation, developed for certain parts of the territories and functional areas of settlements, as well as areas located outside of settlements;
      8) the territory of the inhabited locality - the space within the established boundaries (features) of the urban or rural settlement;
      9) master plan of inhabited locality - a town planning project for integrated development planning and development of a city, town, village or other settlement, establishing zoning, planning structure and functional organization of their territory, a system of transport and engineering communications, planting and landscaping;
      9-1) common areas - territories, facilities that are accessible or open to the public;
      9-2) local expert opinion - the conclusion of project expertise drawn up and issued to the customer at each stage of expert support for the relevant sections (parts) of the project, with the exception of the final stage of the examination;
      10) is excluded by the Law of RK № 542-IV dated 13.01.12 (shall be enforced upon expiry of ten calendar days after its first official publication);
      11) the project - the plan of individuals and legal entities to ensure the necessary living conditions and human activity, presented in the form of architectural, town planning and construction documentation (drawings, graphic and text materials, engineering and estimated calculations), including feasibility studies for construction, and (or) design estimates, revealing the essence of the plan and the possibility of its practical implementation;
      12) pre-project documentation - documentation, prior to the development of town planning, architectural projects, construction projects and including programs, reports, feasibility studies for construction, technical and economic calculations, the results of scientific research and engineering surveys, technological and constructive calculations, sketches, models, measurements and the results of site surveys, as well as other source data and materials necessary for making decisions on the development of project documentation and subsequent project licensing;
      13) project documentation includes:
      projects of planting the territory, its external design, placement and installation (construction) of works of monumental or decorative art;
      town planning projects - projects containing the intent of integrated town planning for the organization, development and building of territories and settlements or their parts (general organization scheme of the territory of the Republic of Kazakhstan, interregional territorial development schemes, integrated town planning schemes, general plans of settlements, detailed planning projects, industrial zone planning projects, development projects, master plans for facilities and complexes, projects buildings and planting, other planning projects);
      project of construction (construction project) - project (design and estimate) documentation containing space-planning, design, technological, engineering, environmental, economic and other solutions, as well as estimates for organizing and conducting construction, engineering site preparation, improvement. Construction projects also include projects for the conservation of construction of unfinished facilities and the post-utilization of facilities that have exhausted their resources;
      an architectural project containing an architectural concept is an independent project for the construction of a structure (monument), in the design of which the participation of an architect is necessary, or part of the design (design and estimate) documentation, including architectural, artistic, compositional and space-planning decisions of the object, taking into account social, economic, functional, technological, engineering, fire, explosion, sanitary and hygiene, environmental and other requirements and fulfilled in volume, required to develop a construction project or other documentation for the construction of the object;
      14) interstate examination of projects - a mandatory form of examination of projects of interest to two or more states parties to an international treaty on the construction of an object;
      15) is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
      16) project examination - expert activity consisting in analyzing and assessing the quality of projects by establishing the conformity (incorfomity) of the design solutions to the conditions of the source documents (materials, data) for the design provided for by the legislation of the Republic of Kazakhstan, as well as compliance with the design requirements and calculations of town planning and technical regulations, norms and regulations of state and interstate regulatory documents. Examination is divided into:
      comprehensive off-site examination of construction projects (including industry and departmental expertise), conducted on the principle of "single window" on the feasibility studies and design and estimate documentation intended for the construction of buildings and structures, their complexes, engineering and transport communications;
      comprehensive town planning expertise of town planning of territories, carried out on urban development projects and development of urban and rural settlements, inter-settlement areas, as well as industrial complexes located outside inhabited localities;
      16-1) subjects of expert activity in the field of design - expert organizations, as well as experts who are full-time employees of expert organizations or temporarily engaged by these organizations as external experts to perform a comprehensive departmental expertise in a separate section (part) of the project or to participate in the work of expert commissions (groups) on integrated town planning expertise;
      16-2) expert in the field of design - an individual certified in accordance with the procedure established by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities, for carrying out expert work on certain sections (parts) of projects, consisting of one of the expert organizations;
      16-3) project management - the organization, planning, coordination, control over the design, construction and commissioning of facilities in accordance with the agreements concluded with the customer or investor to achieve the objectives of the investment project within a given budget and deadlines;
      17) is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
      18) engineering infrastructure - a set of enterprises (organizations), objects (buildings and structures), communications and networks of utilities, creating normal conditions for people's livelihoods, as well as the sustainable functioning of the production or circulation of goods and services;
      18-1) is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
      18-2) engineering and technical worker - an individual with secondary vocational or higher education, organizing and managing the production process in the field of architecture, town planning and construction;
      19) transport infrastructure - a set of land (auto and (or) rail) roads, water (sea and (or) river) communications with a complex of bridge, tunnel and other transport facilities, road junctions and overpasses, regulatory signaling devices, communications, facilities engineering support of transport operations, maintenance of vehicles, relocatable goods, passengers, ensuring the functional activities of production and maintenance personnel, storage facilities and territories, sanitary protection and protected areas, and land, legally assigned to the mentioned communication routes and objects located on them with property;
      19-1) street-road network - an object of transport infrastructure, which is part of the territories of settlements, bounded by red lines and intended for the movement of vehicles, bicycles and pedestrians, streamlining building and laying utilities, as well as providing transport, cycling and pedestrian communications settlements as part of their means of communication. The main elements of the road network are streets, avenues, lanes, driveways, embankments, squares, sidewalks, pedestrian and bicycle lanes;
      19-2) protected objects - buildings, structures and buildings intended for the stay of protected persons, as well as the territory and water area adjacent to them. The list of objects protected by the State Security Service of the Republic of Kazakhstan shall be approved by the Head of the State Security Service of the Republic of Kazakhstan in coordination with the Administration of the President of the Republic of Kazakhstan;
      20) is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be enforced from 01.01.2015);
      21) urban zoning - the distribution of the territory of the settlement in accordance with its functional purpose (residential, public, industrial, recreational and other functional areas);
      22) town planning and architectural and construction documentation - a system of interconnected documents (including pre-project and project documentation, state and intergovernmental regulatory documents) necessary for the organization of territories, town planning development and development of territories and settlements, construction (expansion, modernization, technical re-equipment, reconstruction, restoration, overhaul, conservation and post-utilization of objects, as well as the organization of construction, irregular territory preparation, improvement, gardening, exterior design;
      23) accounting units of the town planning cadastre - elements of the organized and used territory of the Republic of Kazakhstan as a whole, regions, districts, settlements, property objects, including all types of bulk, flat and linear structures;
      24) town planning space - the territory of town planning regulation, on which the material habitat and human activity (population of the country, region, settlement, part of the settlement) is formed;
      25) town planning activities (hereinafter - town planning) - activities in town planning for the organization and development of territories and settlements, their territorial transport planning and traffic organization, determining the types of town planning use of territories, integrated design of urban and rural settlements, including the creative process of forming town planning space, creating an town planning project, coordinating all related sections of the city construction documentation;
      26) town planning regulations - regimes, permits, restrictions (including encumbrances, prohibitions and servitudes) of the use of territories (land plots) and other property objects, as well as any permissible changes in their state, established by law.
      Town planning regulations are established by town planning and architectural and construction documentation, made in accordance with state regulations. The validity of town planning regulations is restricted within the time limit set for them;
      27) the territory of town planning regulation is the territory within which any architectural, town planning and construction activity is carried out;
      28) potentially hazardous construction facilities - hazardous production facilities that, due to their functional purpose and production processes, contain the threat of man-made and (or) environmental disasters causing damage to human health and life, irreversible damage, disruption of the functioning of other facilities requiring special measures to ensure industrial safety in their design, construction and operation;
      29) inter-settlement territories - territories that are outside the boundaries of settlements;
      30) residential area - part of the territory of the settlement, designed to accommodate residential, public (social and business) and recreational areas, as well as certain parts of the engineering and transport infrastructures, other objects, accommodation and activities that have no effect, requiring special sanitary protection zones;
      30-1) public investment in construction (hereinafter - public investment) - investment in the construction of new buildings and structures, their complexes, engineering and transport communications, as well as reconstruction (expansion, modernization, technical re-equipment) or overhaul of existing facilities, the source of which are:
      funds of the republican and (or) local budgets, including targeted funds directed to budget investments and budget crediting of quasi-state sector entities;
      targeted funds of non-state loans under the state guarantee or state surety;
      funds of the National Fund of the Republic of Kazakhstan;
      funds allocated for the implementation of concession projects;
      31) construction activities (hereinafter referred to as construction) - the creation of fixed assets for production and non-production purposes by erecting new and (or) changes (expansion, modernization, technical re-equipment, reconstruction, restoration, and overhaul) of existing facilities (buildings, structures and their complexes, communications), installation (dismantling), associated technological and engineering equipment, manufacturing (production) of building materials, products and structures, as well as implementation of conservation of unfinished objects construction and post-utilization of objects that have exhausted their resources;
      31-1) conclusion on the quality of construction and installation works - a document with which the persons carrying out technical supervision confirm the quality of the construction and installation works performed;
      32) construction and installation works - construction activities, including:
      earthworks and special work in the grounds;
      preparatory work associated with the demolition of existing buildings and structures, with the device of temporary engineering networks, roads, storage sites, as well as vertical planning of the territory;
      construction of supporting and (or) enclosing structures of buildings and structures (including bridges, transport racks, tunnels and subways, overpasses, pipelines, and other artificial structures);
      special construction and installation works on the laying of linear structures;
      device of external engineering networks and constructions, and also internal engineering systems;
      work on the protection and decoration of structures and equipment;
      construction of roads and railways;
      installation of process equipment, including its assembly and installation in the design position at the site of permanent operation, individual testing and testing under load, as well as dismantling;
      33) construction products - intermediate and (or) final result of architectural, town planning and (or) construction activities;
      34) quality of construction products (quality of the object) - a set of characteristics (including aesthetic) of the final construction products brought to the consumer, reflecting the requirements aimed at ensuring the interests and safety of the owners (users) and society as a whole throughout the entire service term (operation, use, applications);
      35) building control lines (building lines) - building boundaries established when buildings (structures, constructions) are placed indented from the red and yellow lines or from the border of the land plot;
      35-1) pricing in construction - the mechanism of formation of the cost of construction products;
      35-2) The Unified state register of new technologies in construction - a list of new efficient technologies for building production, introduced in the Republic of Kazakhstan by subjects of architectural, town planning and construction activities for which there are no norms in the estimated regulatory framework, which is formed in the manner specified by the authorized body in architecture, town planning and construction;
      35-3) estimated construction cost - the money needed to implement the construction of the facility, the amount of which is determined on the basis of project materials and the estimated regulatory framework;
      36) red lines - boundaries separating the territories of quarters, microdistricts, other elements in the planning structure of settlements from streets (driveways, squares). Red lines are usually used to regulate the boundaries of buildings;
      36-1) plantings - forest parks, parks, squares, boulevards, linear landings, home plantings, lawns, flower gardens, located within the boundaries of settlements on public lands;
      37) layout - illustrative (visual) material, made in strict accordance with the scale in volumetric form (with detail or conditionally) in order to establish the spatial proportionality of the planned territories, designed objects, their individual elements, as well as the interiors of the premises or the internal space of the buildings. As the layout can be used video materials of computer spatial modeling;
      38) State Urban Cadastre - the state system of quantitative and qualitative indicators, including town planning regulations, cartographic, statistical and textual information describing the territory of town planning, architectural and construction activities on the basis of social and legal status of its use, the level of engineering and technical security, by parameters and the state of the objects located on it, as well as natural and climatic conditions and ecological condition;
      39) state regulations (state regulatory documents) - a system of regulatory legal acts, town planning and technical regulations, regulatory technical documents, other mandatory requirements, conditions and restrictions ensuring favorable, safe and other necessary living conditions and human life;
      39-1) state expert organization - a legal entity created by decision of the Government of the Republic of Kazakhstan in the organizational and legal form of a republican state enterprise on the right of economic management and carrying out integrated independent departmental expertise on construction projects (feasibility studies and design- estimate documentation);
      40) sketch (draft) - a simplified view of a design (planning, spatial, architectural, technological, constructive, engineering, decorative or other) solution, made in the form of a diagram, drawing, initial draft (figure) and explaining the intent of this decision;
      40-1) The Unified State Electronic Bank of pre-project and project (design and estimate) documentation for the construction of facilities - pre-project and design (design and estimate) documentation in electronic media for the construction of facilities financed by public investment and funds of subjects of the quasi-public sector, approved in the procedure established by the legislation of the Republic of Kazakhstan;
      41) the master plan of the object - part of the project for the construction of the object (building, structure, complex), containing a comprehensive solution to the issues of its placement on the territory (site), laying (wiring) of transport communications, engineering networks, engineering preparation of the site, landscaping and planting, organizing economic maintenance and other activities related to the location of the designed facility;
      42) object post-utilization - a complex of works on dismantling and demolition of a capital structure (building, construction, complex) after its operation has ceased (use) with simultaneous restoration and secondary use of regenerated elements (structures, materials, equipment), as well as processing not subject to regeneration of elements and waste;
      43) monitoring of facilities - a system of observations of the state and changes of objects of architectural, town planning and construction activities;
      44) the technical complexity of the object - the level of responsibility of the object of construction according to the degree of technical requirements for the reliability and durability of bases and structures established by state and (or) interstate (international) standards depending on the functional purpose of the object, the characteristics of its supporting and enclosing structures, the number of floors (constructive tiers), seismic hazard or other special geological, hydro-geological, geo-technical conditions of the site (area) of construction, which are divided into:
      the first level of responsibility - increased;
      the second level of responsibility - normal;
      the third level of responsibility - reduced;
      44-1) facility commissioning certificate - a document confirming the completion of the construction of the object in accordance with the approved project and state (interstate) standards and full readiness of the object for commissioning;
      44-2) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be enforced upon expiry of ten calendar days after its first official publication);
      44-3) conclusion on the compliance of the work performed with the project - a document with which the persons exercising author's supervision confirm the compliance of the work performed with the approved project (design and estimate) documentation;
      45) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication);
      46) conservation of objects under construction - a set of measures to ensure the preservation and quality characteristics of structures, materials and equipment of an object under construction for the period of temporary suspension of its construction;
      47) sanitary protection zone - the area separating special-purpose areas, as well as industrial enterprises and other industrial, utility and storage facilities in a settlement from nearby residential areas, buildings and structures for housing and civil purposes in order to reduce the impact of adverse factors on them;
      47-1) the Chamber of Expert Organizations (hereinafter - the Chamber) is a single non-profit organization created by legal entities in the number of at least three accredited expert organizations carrying out expert activities in the field of designing construction objects, with the exception of the state expert organization;
      48) yellow lines - the boundaries of the maximum allowable zones of possible distribution of debris (collapse) of buildings (structures, constructions) as a result of destructive earthquakes, other natural or man-made disasters. Yellow lines are usually used to regulate the gaps between buildings and structures;
      48-1) declaration of conformity - a document with which the contractor (general contractor) certifies the conformity of the work performed by the completed construction project with the approved project and the requirements of state (interstate) standards;
      49) architectural and planning assignment - a set of requirements for the purpose, basic parameters and location of the object on a specific land plot (site, highway), as well as mandatory requirements, conditions and restrictions for design and construction, established in accordance with town planning regulations for a given settlement. At the same time, it is allowed to establish requirements for color solutions and the use of materials for finishing facades of buildings (structures), space-spatial solution in accordance with sketches (sketch designs) provided by the customer (developer, investor);
      50) engineering services in the field of architectural, town planning and construction activities - a range of services (technical and architectural supervision, project management), providing preparation and implementation of construction in order to achieve optimal design indicators;
      51) interstate regulations (interstate statutory documents) in the field of architecture, town planning and construction - a system of regulatory and technical documents, regulations and other mandatory requirements, conditions and restrictions, including interstate town planning regulations, interstate building codes and regulations, interstate standards in construction, on the basis of international treaties ratified by the Republic of Kazakhstan in the territories of the Republic of Kazakhstan and another states (other countries);
      51-1) expert work - work on the examination of projects and conducting a technical survey of the reliability and sustainability of buildings and structures;
      52) authorized body for architecture, town planning and construction - the central state body that manages the state administration of architectural, town planning and construction activities;
      53) architectural activity (hereinafter - architecture) is an activity on the creation of architectural objects, including the creative process of creating the external and internal appearance of an object, spatial, compositional, space-planning and functional organization, fixed in the architectural part of the project documentation for construction (reconstruction, restoration), supervision over the project implementation;
      54) architectural objects - a building, structure, monument, complex of buildings and structures, their exteriors and (or) interiors, elements of improvement, landscape or garden-park art, created on the basis of architectural or town planning projects, in the development of which the architect shall be involved;
      55) work of architecture (town planning) - an object of copyright and intellectual property of the author (authors), which is the result of a creative process in the professional activity of individuals, aimed at creating any architectural object or the formation of town planning space, including the author’s intention, fixed in the form of project documentation, a separate drawing, layout or sketch, as well as a project implemented in kind (part of the project);
      56) zones (areas) of increased seismic hazard - areas with a possible (expected) seismic effect of an intensity of seven or more points;
      56-1) estimated norms - a set of resources (labor costs of construction workers, operating time of construction machines, requirements for materials, products and structures) installed on an adopted meter of construction, installation and other works;
      56-2) estimate and regulatory base - a set of estimated norms and estimated prices for materials, products and equipment;
      56-3) customer - an individual or legal entity carrying out activities in accordance with the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities. Depending on the purpose of the activity, the customer may be the customer-investor of the project (program), the customer (owner), the developer, or their authorized persons;
      57) technogenic impacts - as a rule, undesirable or harmful (dangerous) impacts on the population, settlements or inter-settlement territories, caused as a result of human activities without the threat or with the threat of occurrence of natural and man-made emergency situations;
      58) man-made disasters - extreme factors associated with economic activity and caused:
      industrial, transport and other accidents;
      fire, explosion, or explosion hazard;
      emissions or threat of release of biologically, chemically hazardous or radioactive substances;
      sudden collapse of buildings or structures, communications;
      breakthrough hydraulic or sewage treatment plants;
      accidents in electricity and communication systems;
      59) technical supervision - construction supervision at all stages of project implementation, including quality, time, cost, acceptance of work performed and commissioning of facilities;
      60) building - an artificial structure consisting of supporting and enclosing structures that form a compulsory ground-enclosed volume, depending on the functional purpose, used for living or staying of people, performing production processes, as well as placing and storing material values. The building may have an underground part;
      61) engineering equipment of buildings (structures) - a complex of engineering systems and technical devices that create regulatory or comfortable living conditions (life), work activity (stay) of people ensuring the preservation of wealth, as well as engineering support of process equipment and production processes;
      61-1) technical inspection of reliability and sustainability of buildings and structures - a type of expert work, which results in determining the actual condition of buildings and structures and their elements, reliability and sustainability, the possibility of further operation of buildings and structures, obtaining a quantitative assessment of the actual indicators of the quality of structures taking into account changes occurring over time, to establish the scope and amount of work on the overhaul, modernization or reconstruction at the facility, as well as changes in the intended purpose;
      61-2) low mobility population groups - persons who have difficulty in independently moving, receiving services, information or orientation in space, including those using baby carriages, elderly, disabled people;
      62) environmental disasters - extreme environmental factors affecting the natural balance due to changes in:
      land conditions (catastrophic subsidence, tectonic faults, griffins, landslides, landslides due to the development of mineral resources, the presence of heavy metals or other harmful substances in the soil above maximum permissible concentrations, intensive soil degradation, desertification in large areas due to erosion, salinization or waterlogging of the soil);
      composition and properties of the atmosphere (abrupt climate change as a result of anthropogenic impact, sustained excess of maximum permissible concentrations of harmful impurities and deterioration of air transparency, persistent oxygen deficiency in human settlements, the formation of an extensive zone of acid precipitation);
      conditions of the hydrosphere (depletion of water sources or their catastrophic or irreversible pollution, persistent shortage of drinking water, as well as water for the needs of production and household needs);
      conditions of the biosphere (the death of flora in large areas, the disappearance of animal and plant species, a dramatic change in the ability of the biosphere to reproduce).
      Ecological disasters also include natural disasters (catastrophic natural phenomena).
      Footnote. Article 1 as amended by the Law of RK N 204  dated 11.12.2006 (shall be effective from the date of its official publication); with amendments in accordance with Laws of RK N 213 dated 09.01.2007 (for the enforcememnt please refer to the art. 2); N 180-IV dated от 10.07.2009; № 452-IV dated 05.07.2011 (shall be enforced from 13.10.2011); № 461-IV dated 15.07.2011 (shall be enforced upon expiry of six months after its first official publication); № 542-IV dated 13.01.2012 (shall be enforced upon expiry of ten calendar days after its first official publication); № 548-IV dated 25.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 553-IV dated 13.02.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 34-V dated 10.07.2012 (shall be effective from the date of its first official publication); by the Contitutional law № 121-V dated 03.07.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); by the Law of RK № 151-V dated 03.12.2013 (shall be enforced upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be enforced upon expiry of ten calendar days after its first official publication); № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its first official publication);  № 269-V dated 29.12.2014 (for the enforcememnt please refer to the subpoint 7 of the point 1 of the art. 3); № 366-V dated от 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 391-V dated 12.11.2015 (shall be effective upon expiry of six months after its first official publication); № 433-V dated 03.12.2015 (shall be effective from 01.01.2016); № 487-V dated 07.04.2016 (shall be effective upon expiry of six months after its first official publication); № 86-VI dated 03.07.2017 (shall be effective upon expiry of ten calendar days after its first official publication); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 2. Legislation of the Republic of Kazakhstan on architectural, town planning and construction activities

      1. The legislation on the architectural, town planning and construction activities of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of the norms of this Law, the Civil Code and other regulatory legal acts of the Republic of Kazakhstan.
      2. If an international agreement ratified by the Republic of Kazakhstan establishes other rules than those provided for by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities, then the rules of the international agreement shall apply.

Article 3. The main activities in the field of architecture, town planning and construction

      1. The main activities in the field of architecture, town planning and construction shall ensure state, public and private interests in this area:
      1) state interests - the interests of society as a whole in ensuring the conditions of sustainable development of regions, cities, towns, villages and other settlements, territorial transport planning and traffic management, functioning of life support systems, transport and engineering communications, communications and energy, protection environment, preservation of objects of historical and cultural heritage;
      2) public interests - the interests of the population of individual regions, cities, towns, villages and other settlements in ensuring favorable living conditions (stay) in this territory, improving the environmental situation, preventing dangerous (harmful) impacts as a result of economic and other activities, developing the infrastructure of populated points and territories adjacent to them, preservation of objects of historical and cultural heritage, natural values;
      3) private interests - the interests of individuals and legal entities in connection with the implementation of architectural, town planning and construction activities on their land plots.
      If the town planning, architectural and construction activities of citizens and legal entities create inconvenience or inability to use, own or dispose of an object (land plot or other immovable property) belonging to them (used by them), it is subject to restriction.
      2. Architectural, town planning and construction activity consists in:
      1) conducting engineering surveys for construction, use of the cartographic-geodesic fund for architectural, town planning and construction purposes;
      2) preparation of justifications, forecasts, documents of the State Planning System of the Republic of Kazakhstan in the field of architecture, town planning and construction;
      3) development, approval, examination and approval in the prescribed manner of town planning, architectural and other design (design and estimate) documentation;
      4) construction of new, as well as expansion, technical re-equipment, modernization, reconstruction, restoration and overhaul of existing buildings, constructions, structures, engineering and transport communications;
      5) engineering preparation of the territory, construction of facilities for landscaping and planting;
      6) preservation of construction of unfinished facilities;
      7) carrying out a complex of works on post-disposal of objects;
      8) conducting research, experimental work and the use of their results in the field of architecture, town planning and construction;
      9) implementation of town planning and architectural and construction control and supervision;
      10) attraction and provision of engineering services;
      11) the establishment of requirements to ensure safety in the field of architectural, town planning and construction activities.
      Footnote. Article 3 as amended by the Law of RK N 38 dated Apri 12, 2005; N 40 dated April 13, 2005 (shall be enforced from January 1, 2005); N 204 dated December 11, 2006 (shall effective from the date of its official publication); N 209 dated December 29, 2006 (for the order of enforcement refer to the art. 2); N 188-IV dated 17.07.2009 (for the order of enforcement refer to the art. 2); № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 15-V dated 27.04.2012 (shall be effective upon expiry of ten calendar days after its first official publication); by the Constitutional Law of RK № 121-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015).

Article 4. Subjects of architectural, town planning and construction activities

      The subjects of architectural, town planning and construction activities are government agencies, individuals and legal entities involved in the formation and development of the human environment and human activity in the territory of the Republic of Kazakhstan.
      Stateless persons, foreigners and foreign legal entities may, in accordance with the procedure established by the legislation, be granted the right to perform work (services) in the territory of the Republic of Kazakhstan relating to architectural, town planning and (or) construction activities, unless otherwise provided by legislative acts of the Republic of Kazakhstan.

Article 5. Objects of architectural, town planning and construction activities

      The objects of architectural, town planning and construction activities are:
      1) the territory of the Republic of Kazakhstan;
      2) territories of regions, districts;
      3) territories of settlements and their parts;
      4) functional zones;
      5) property, including all types of structures with related technological and engineering equipment;
      6) special economic zones;
      7) immovable monuments of history and culture, nature and the urban landscape, the status of which is established by the legislation of the Republic of Kazakhstan.
      Cities as objects of architectural, town planning and construction activities are divided into:
      1) large (with a population of over 500 thousand inhabitants);
      2) large (with a population of over 100 thousand to 500 thousand inhabitants);
      3) average (with a population of over 50 thousand to 100 thousand inhabitants);
      4) small (with a population of up to 50 thousand inhabitants).
      Footnote. Article 5 as amended by the Law of RK № 116 dated 10.01.2006 (for the orfer of enforcement refer to the art. 2 of the Law N 116).

Article 6. Objects of architectural, town planning and construction activities of special regulation and town planning regulation

      1. The objects of architectural, town planning and construction activities of special regulation and town planning regulation are divided into:
      1) territorial objects of special regulation and town planning regulation;
      2) settlements of special regulation and town planning regulation;
      3) separate real properties that require special regulation and (or) town planning regulation;
      4) separation construction projects requiring special regulation and (or) town planning regulation.
      2. The territorial objects of architectural, town planning and construction activities of special regulation and town planning regulation include:
      1) zones of ecological disaster and (or) emergency situations;
      2) specially protected natural territories;
      3) water protection zones and stripes;
      4) territories with historical and cultural heritage sites and (or) protected unique and rare landscapes;
      5) the territory of recreational, resort and reserve purposes;
      6) suburban areas;
      6-1) territory of agglomeration;
      7) zones of regime territories and other territories assigned by legislative acts of the Republic of Kazakhstan to zones of special regulation.
      3. Settlements with special regulation of architectural, town planning and construction activities and town planning regulations include:
      1) the capital of the Republic of Kazakhstan and the city of national status;
      2) cities with a population of over one hundred thousand inhabitants;
      3) resort cities and towns;
      4) populated areas, their parts or the territory adjacent to them of historical, cultural value, or protected landscape objects, as well as settlements in reserves and national parks;
      5) military camps, frontier posts and settlements in other high-security facilities;
      6) settlements located in areas with special (extreme) climatic, geotechnical or hydrogeological conditions, as well as in areas of ecological and man-made disasters, or exposed to other adverse phenomena and processes.
      4. The property objects with special regulation of architectural, town planning and construction activities and town planning regulation include:
      1) historical and cultural landmarks and their ensembles;
      2) facilities of the state natural reserve fund;
      3) facilities required to perform special state or business tasks, including objects that are obviously dangerous to human life and health or the environment;
      4) buildings and facilities for residence, stay and work of persons with disabilities.
      4-1. Separate construction projects requiring special regulation and (or) town planning regulation are determined by the Government of the Republic of Kazakhstan on the proposals of the authorized body for architecture, town planning and construction.
      For each construction project requiring special regulation and (or) town planning regulation, an individual plan for the phased development and coordination of design and estimate documentation for the construction of individual objects requiring special regulation and (or) town planning regulation is approved.
      5. The regime of special regulation is established by this Law and other legislative acts of the Republic of Kazakhstan.
      Footnote. Article 6 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 38 dated 12.04.2005 ; N 204 dated 11.12.2006 (shall be effective from the date of its official publication); N 180-IV dated 10.07.2009 ; № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 487-V dated 07.04.2016 (shall be effective from the date of signing).

Chapter 2. Providing a favorable habitat and life in the implementation of architectural, town planning and construction activities

Article 7. The rights of citizens to a favorable environment of human settlements

      Citizens as consumers of the results of architectural, town planning and construction activities have the right to:
      1) favorable for the area, as well as accessible to people with disabilities and other people with limited mobility, habitat and livelihoods within the territory of the settlement in accordance with the state town planning policy in terms of resettlement and allocation of productive forces, with town planning requirements for zoning territories, standards of environmental and sanitary and hygienic safety and the level of infrastructure of the area;
      2) rest through the allocation (allotment) of recreational areas designated for these purposes and having the most favorable climatic conditions and landscape, appropriate medical and sanitary and hygienic conditions, leisure activities, including educational, cultural, mass, sports - health and entertainment activities, the possibility to accommodate cottage, garden plots.
      When selecting a territory intended for recreation of the population, the presence of objects classified as protected landscape objects and (or) historical and cultural values shall also be taken into account.
      Footnote. Article 7 as amended by the Law of RK  № 433-V dated 03.12.2015 (shall be effective from 01.01.2016).

Article 8. Ensuring safety against natural and man-made, anthropogenic impacts

      1. The implementation of architectural, town planning and construction activities shall be based on the conditions for ensuring the requirements established by legislation for the safety of the population, territories and settlements from the effects of hazardous (harmful) natural and man-made, anthropogenic phenomena and processes.
      Measures to meet these requirements shall be reflected in the project documentation, regulated by government regulations.
      2. Government regulations (government regulatory documents) shall provide the mandatory inclusion of sections on measures to protect the population, settlements and inter-settlement areas from dangerous (harmful) impacts as a result of natural or man-made emergencies in town planning and architectural documentation.
      3. Human settlements and territories exposed to hazardous (harmful) impacts as a result of natural emergencies, as well as forecasted technogenic emergencies, shall be provided with comprehensive project documentation for the protection of the population and territories from these impacts.
      4. In theunhabited localitties exposed to natural, man-made, anthropogenic character, the results of the monitoring of hazardous (harmful) phenomena and processes occurring are reflected in the state town planning inventory at a basic level.

Article 9. Requirements for environmental safety and environmental protection

      1. Architectural, town planning and construction activities shall be carried out taking into account the assessment of its environmental impact in accordance with the classification of objects established by the Environmental Code of the Republic of Kazakhstan, and include measures for the rational use of natural resources, environmental safety and environmental protection.
      These activities are envisaged and carried out in accordance with the standards and (or) the maximum permissible level (load) established by the legislation for this type of impact.
      2. The composition of the town planning and architectural-construction documentation includes sections (parts) of projects on environmental protection and rational use of natural resources.
      Compliance with the requirements (conditions, restrictions) of design documentation approved in accordance with the established procedure for the rational use of natural resources, ensuring environmental safety and environmental protection is mandatory for all subjects of architectural, town planning and construction activities implementing projects.
      Territories with the presence of industrial centers or separate industrial complexes declared to be zones of ecological disaster shall be provided with comprehensive project documentation for the protection of the population and the environment.
      3. Comprehensive schemes of town planning development of territories, inter-regional schemes of territorial development shall include measures for environmental protection and environmental management, as well as rehabilitation of zones of ecological disasters and emergency situations.
      Draft master plans of inhabited localities, draft detailed planning and other town planning documentation shall contain information about water protection zones and zones in the planned territory, specially protected natural territories with an indication of the availability of project approvals with the relevant authorities in the manner established by the legislation of the Republic of Kazakhstan.
      If there are no ongoing projects of water protection zones and lanes for the planned area, the assignment for the development of these town planning projects shall include the mandatory nature of a special section replacing the missing water protection documentation.
      4. If there is a threat to life and human health in the territory, which has previously arisen or is expected (predicted) as a result of contamination of the territory and (or) object with harmful chemical, biological substances above the maximum permissible concentrations, radioactive substances above the maximum permissible levels, the town planning documentation shall contain sections (parts) of the project, providing measures for the destruction (removal) of such sources, the conservation of contaminated areas (objects) with a complex of measures for their rehabilitation, as well as the possibility of the Government of the Republic of Kazakhstan introducing a special regime for using the territory or object (s), including the temporary stay of citizens (population) in the unfavorable zone.
      Footnote. The article 9 as amended by the Law of RK N 213 dated 09.01.2007 (for the order of enforcement refer the art. 2); N 180-IV dated 10.07.2009 .

Article 9-1. Road safety requirements

      1. The implementation of architectural, town planning and construction activities shall be based on the conditions for ensuring the requirements for territorial transport planning and traffic management established by the legislation of the Republic of Kazakhstan.
      Measures aimed at meeting these requirements shall be reflected in the project documentation for territorial transport planning and traffic management.
      2. The composition of the town planning and architectural-construction documentation includes sections (parts) of projects on territorial transport planning and traffic management.
      Compliance with the requirements (conditions, restrictions) of the approved in the prescribed manner of project documentation for territorial transport planning and traffic management is mandatory for all subjects of architectural, town planning and construction activities that implement projects.
      3. Inhabited localities and territories shall be provided with comprehensive project documentation on territorial transport planning and traffic management.
      4. In inhabited localities, the results of monitoring of road traffic accidents and the capacity of roads and streets are reflected in the state town planning inventory at a basic level.
      5. Sections (parts) of projects on territorial transport planning and traffic management contain the following types of documents:
      1) supporting materials for the development of transport sections of integrated schemes, master plans (conceptual proposals for the organization of traffic, integrated transport schemes, studies and forecasts) - carry out studies of the operation of transport systems, sources and causes of road traffic accidents, assessment of previously developed design solutions for to the expected level of accidents, develop proposals to reduce road accidents due to the redistribution of the transport load, street-road network certification, construction of new road network sections, traffic restrictions;
      2) comprehensive transport scheme - performs the distribution of the volume of transport work between individual and public transport, offers comprehensive solutions for the development of road networks and public transport networks, networks of off-street high-speed traffic;
      3) the general scheme of the road network - determines the financial and economic aspects of the implementation of the objectives of developing an effective and safe road network in accordance with the territorial planning documents (territorial planning schemes and general plans);
      4) the project of the organization of the street-road network - implements the specified structure of the main street-road network, determines the locations of streets, roads and junction elements, transverse and longitudinal profiles, traffic patterns in nodes with the condition of ensuring the requirements for road safety. Determines the territory required for the placement of streets and roads;
      5) road planning project - determines the location of the main elements of streets and roads within the limits of branches (red lines), reserved areas, taking into account the requirements of road traffic safety;
      6) complex traffic management scheme - defines a system of traffic management within the framework of the adopted project for the organization of the street-road network and adopted street planning projects in conjunction with public transport.
      6. Territorial transport planning and traffic management is carried out in three stages:
      at the first stage, studies of the current transport situation are carried out, forecasts are made of changes in the transport situation for the long term, opportunities for the development of the transport frame of the territory are assessed, and conceptual proposals for the organization of road traffic in the long term are formed, highlighting the first stage. For cities with a population of more than one hundred thousand people, other cities with difficult traffic situations, complex transport schemes are being developed;
      at the second stage, research results, conceptual proposals and integrated transport schemes are drawn up in the form of substantiating materials and are considered as part of the development of territorial planning schemes for the territory of the Republic of Kazakhstan and individual regions (a region or any part of it), and general plans of settlements. The result of the development of these documents are the master plans for the organization of road traffic in conjunction with other materials of territorial planning schemes and master plans;
      at the third stage, on the basis of the general schemes of the organization of traffic, complex schemes of the organization of traffic are developed.
      7. The project of the organization of the road network is a link between the master plan (spatial planning document), the road planning project and the integrated traffic management scheme.
      8. The draft road planning is the basis for the development of a project for the organization of traffic in separate nodes.
      9. The design of roads in the territory of the Republic of Kazakhstan shall meet the following mandatory security requirements:
      the required road capacity, taking into account the prospect of increasing traffic intensity;
      roads intellectual transport systems;
      free and safe movement of public transport, including by allocating them separate lanes for traffic;
      free and safe movement of bicycles, including by allocating separate bicycle lanes or bicycle lanes to them;
      equipping roads with highway medical and rescue points;
      pedestrian crossings.
      Footnote. The chapter 2 shall be complemented by the article 9-1 in accordance with the Law of RK № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its first official publication).

Article 10. Requirements for the preservation of objects of historical and cultural heritage and landscapes

      1. Implementation of architectural, town planning and construction activities shall be based on the conditions of preservation of territories and objects, recognized in the manner prescribed by law of historical and cultural monuments and protected landscape objects.
      2. In the territories having historical and cultural monuments, protected natural objects, special limits of regulation are established, within which architectural, town planning and construction activities are prohibited or limited.
      3. The procedure for the use of land within the boundaries of these zones is regulated by the legislation of the Republic of Kazakhstan.
      Footnote. The article 10 as amended by the Law of RK № 204 dated 11.12.2006 (shall be effective from the date of its official publication).

Article 11. Providing the inhabited localities with infrastructure and creating conditions for their accessibility

      1. town planning documentation for planning and building a settlement or its part (town planning projects) shall determine the composition and structure of social, industrial, recreational, engineering and transport infrastructure facilities, as well as provide for:
      1) improvement, landscaping, engineering preparation of the territory and necessary servitudes taking into account the type (role) of the settlement;
      2) integrated development of the territory;
      3) consideration of the interests of various social, demographic and professional groups of the population;
      4) compliance with regulatory requirements (restrictions, conditions);
      5) development of a competitive environment in the service sector.
      2. Inhabited localities shall be provided with optimal conditions and means of access for all categories of the population (including the disabled and other limited mobility groups) to workplaces, public places, facilities (structures, communications) of social, recreational, engineering and transport infrastructure in accordance with the type settlement and conditions of the area.
      3. Town planning documentation for populated areas shall contain sections on creating conditions for meeting the needs of disabled people and other people with limited mobility in social and recreational infrastructure.
      4. A change in the purpose of public service facilities, which entails a decrease in the level of service established by state standards, is not allowed.
      5. When developing town planning documentation, designing and building settlements, there shall be a unified system of transport communications and the road network, interconnected with the planning structure of the settlement and providing communication with all its functional areas (including suburban areas), as well as external transportation facilities.
      6. Project documentation for the development (arrangement) of inter-settlement areas for the subsequent implementation of economic and (or) other activities related to the stay of people shall provide for a sustainable and affordable life support system in this area, including the construction of infrastructure facilities.
      7. When developing project documentation, construction, operation and post-utilization of trunk communications, headworks of engineering infrastructure, as well as during work on engineering preparation of territories, decisions taking into account the interests of adjacent territories and exclude the possibility of exposure to hazardous (harmful) phenomena and processes on the territory and population shall be made.
      8. The approved schemes of the republican, interregional and regional engineering and transport systems are the basis for the development of project (design and estimate) documentation, as well as activities aimed at the development (development-related) of the life support system and arrangement of settlements.
      Footnote. The article 11 as amended by the Law of RK  № 433-V dated 03.12.2015 (shall be effective from 01.01.2016).

Article 12. Maintenance of town planning requirements when using land plots

      Land use by owners or land users for development (including laying communications, engineering site preparation, landscaping, planting and other types of land plot arrangement) can only be carried out in accordance with the design documentation approved by the legislation of the Republic of Kazakhstan and servitude, territory zoning, red lines and lines of regulation of development, the rules of the organization of construction and passage of permission procedures in the field of construction and operation.
      Footnote. The article 12 as amended by the Law № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its firs official publication).

Article 13. Participation of individuals and legal entities in the discussion of decisions on architectural, town planning and construction activities

      1. Individuals and legal entities of the Republic of Kazakhstan have the right to complete, timely and reliable information on the state of the environment and life, its intended changes, the planned architectural, town planning and construction activities, with the exception of information restricted by law or related to state secrets.
      2. Keeping individuals and legal entities informed about the state of their habitats and livelihoods, as well as about the intentions of building (redevelopment) of the territory, is carried out by local executive bodies of districts (cities) through mass media or through public discussions, expositions and exhibitions.
      3. Prior to the approval of town planning and architectural and construction documentation, individuals and legal entities have the right to take part in discussions, to make proposals for changing decisions affecting public or private interests.
      4. In case of issuance by the state bodies of inaccurate information (refusal to issue the requested information not related to the restricted access category) about the designed objects, the state of the habitat and livelihoods and the changes proposed in it, which do not comply with state standards or approved town planning documentation, and affecting public and private interests, individuals and legal entities have the right to appeal to the judicial authorities.
      5. The participation of individuals and legal entities in discussions when making town planning, architectural or construction decisions can be expressed in the form of:
      1) direct participation;
      2) agency;
      3) another form not prohibited by law.
      6. If the architectural, town planning and (or) construction activities in a given territory affect the interests of citizens, public associations and legal entities, then they have the right to:
      1) cancel in administrative or judicial order decisions on the location, design, construction (reconstruction) or commissioning of facilities, carried out in violation of the law or government regulations;
      2) impose restrictions, suspend or terminate in an administrative or judicial order activities carried out in violation of the law or government regulations;
      3) appeal in a court of law the actions of local executive bodies of regions (cities of republican status, the capital), districts (cities of regional status), as well as the conclusions of project expertise;
      4) bring to the court claims for compensation for harm caused to the health of citizens and (or) property in connection with the violations of legislation or state regulations made by the subjects or officials;
      5) in accordance with the procedure established by the legislation, to appeal on other facts of violation of the legislation and state standards in the field of architectural, town planning and construction activities.
      Footnote. The article 13 as amended by the Law of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005).

Chapter 3. Rights, duties and responsibilities of architectural subjects,
town planning and construction activities

Article 14. Rights of the subjects of architectural, town planning and construction activities

      Subjects of architectural, town planning and construction activities are entitled, in accordance with the procedure established by law:
      1) to request and receive information (information, data, source materials or documents) from the relevant architectural and town planning authorities, as well as the state enterprise that maintains the state town planning inventory (with the exception of information or documents of limited access) necessary for pre-project research, preparation of feasibility study, justification of investment in construction, planning the development of the territory and (or) its building, design and construction of objects and their further commissioning;
      2) to use acquired land plots or land plots for possession and use for the intended purpose within city planning regulations, servitudes or other regulatory requirements (conditions, restrictions);
      3) to create professional public organizations.
      Footnote. The article 14 as anebded by Laws of RK № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015).

Article 15. Copyright to a work of architecture and town planning

      1. The copyright to a work of architecture and town planning and the relations arising in connection with it are governed by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Copyright and Related Rights” and this Law.
      2. Citizens whose creative works of which resulted in creation of architecture and (or) town planning piece of work are recognized as the authors of such works and vested with appropriate copyright.
      3. Property rights of authors of works of architecture or town planning (except for cases provided for by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Copyright and Related Rights" and this Law) consist in their exclusive rights:
      1) to use or allow to use the project for implementation;
      2) to carry out or permit the reproduction, distribution and processing of an architectural or town planning project;
      3) delegate the indicated exclusive rights to other persons in the manner prescribed by law.
      4. Authors of a work of architecture or town planning, which have been created in order of performance of official duties or official task, shall not be vested with property rights, unless otherwise provided by the contract.
      The contract between the project customer (the employer) and the authors (order executing entities) shall contain provisions on the settlement of property rights on the use of works of architecture or town planning created in order of performance of official duties or official tasks.
      5. The author of a work of architecture or town planning has the right to:
      1) carry out design author supervision over the development of construction documentation for the implementation of the author's project, unless otherwise provided for by basis of design for construction project;
      2) carry out in the prescribed manner the supervision of the construction (reconstruction, restoration, modernization) of facilities, unless otherwise provided by the task of developing an architectural (town planning) project;
      3) make photographs (film, video recording), unless otherwise provided for by the project development contract or design assignment, and also if the object does not carry information relating to state secrets.
      6. Protection of the personal non-property rights of the author (authors) to the product of architecture and town planning is carried out in the manner determined by the legislative acts of the Republic of Kazakhstan.
      Article 16. Main obligations of entities engaged in architectural, town planning and construction activities
      Entities engaged in architectural, town planning and construction activities are obliged to:
      1) carry out activities in accordance with the law and state regulations (state regulatory documents);
      2) maintain the operated facilities in their ownership (possession, use) in proper condition, ensuring their safety for people, sustainable functioning in accordance with regulatory and other mandatory requirements, including aesthetic ones.

Article 17. Responsibility of entities for violation of legislation on architectural, town planning and construction activities

      1. Violations of the norms and requirements (conditions, rules, restrictions) established by the legislation on architectural, town planning and construction activities, allowed by its subjects, entail responsibility provided for by the laws of the Republic of Kazakhstan.
      Such violations include:
      1) implementation of licensable kinds of activities in the field of architecture, town planning and construction without a license;
      2) deviation from the approved functional purpose of the territories, town planning regulations, the established regime in areas of special town planning regulation;
      3) deviation from the selection and provision (permission for use) established by law, as well as seizure of land plots for urban purposes related to the provision of state needs;
      4) deviation from the established procedure for the development, coordination, examination and approval of town planning documentation, as well as a deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or amending it without the permission of the approving authority;
      4-1) deviation from the established procedure for the development, examination and approval of project (design and estimate) documentation, as well as a deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or introduction of changes to it without the permission of the approved authority;
      5) carrying out construction and installation works without notifying the bodies exercising state architectural and construction control and supervision, in the manner prescribed by the Law of the Republic of Kazakhstan "On Permits and Notifications";
      6) implementation of construction without relevant architectural construction control and supervision, technical and architectural supervision in cases when this Law provides for their binding power;
      7) unauthorized construction, as well as a change in the architectural appearance, redevelopment (re-equipment, re-profiling) of buildings, individual premises and (or) parts of a building;
      8) deviation from the established red lines and building lines, as well as the yellow lines in areas of high seismic risk when planning and building settlements;
      9) failure to comply with state standards in the field of architecture, town planning and construction, as well as labor protection, fire and explosion safety, sanitary and environmental safety, ensuring access for disabled people and people with limited mobility to the social, transport and recreational infrastructure in the process of design, construction and subsequent operation of the facility;
      10) violation of the procedure established by law for acceptance and commissioning of completed construction projects, as well as their maintenance during operation;
      11) ungrounded refusal of officials to issue, or issue of unreliable information about the preparation and decision-making related to the planning and development (reconstruction) of settlements (parts of settlements), projected objects, as well as about the state of the environment and life activity and changes in it directly affecting public and private interests;
      12) other actions, as a result of which the state of the environment and livelihood's deteriorates, the rights and legitimate interests of citizens, including the disabled, and society as a whole, are impaired to the public interests, which entail the responsibility provided for by the laws of the Republic of Kazakhstan.
      2. Obligations to eliminate the violation committed and its consequences, as well as to compensate the damage (harm) caused, are imposed on the entity that committed the specified violations.
      3. The facts of failure to comply with the warranty period of operation of the constructed facility as a result of violations committed by subjects of the architectural, town planning and (or) construction activities are established in accordance with the provisions of the Civil Code of the Republic of Kazakhstan, as well as Article 69 of this Law.
      4. If violations (design and estimate) documentation having a direct impact on the strength, stability and reliability of the facility are detected during the process of examination, and not eliminated in a timely manner, the organization having developed the design (design and estimate) documentation, shall bear responsibility established by the laws of the Republic of Kazakhstan.
      Negative expert opinion (expert testimony) constitutes confirmation of violations in the development of project (design and estimate) documentation.
      If violations in the project (design and estimate) documentation having direct impact on the strength, stability and reliability of facility under construction are detected during construction, the organization having developed the design (design and estimate) documentation, as well as the expert who issued a positive conclusion on the design (design estimate documentation) shall bear responsibility established the laws of the Republic of Kazakhstan.
      Identified violations and comments of experts shall be motivated and justified by reference to the relevant regulatory legal acts, requirements of town planning and technical regulations, norms and regulations of state and intergovernmental regulatory documents in the field of architecture, town planning and construction in the Republic of Kazakhstan. Provision of comments of an advisory nature is not allowed.
      Footnote. The article 17 as amended by Laws of RK N 40 dated 13.04.2005 (shall be effective from 01.01.2005); N 180-IV dated 10.07.2009 ; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication);  № 203-V dated 16.05.2014 (shall be effective upon expiry of six months after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);  № 433-V dated 03.12.2015 (shall be effective from 01.01.2016); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Chapter 4. State administration in the field of architecture, town planning and construction

Article 18. Officials and government bodies in architectural, town planning and construction activities

      The officials and government bodies that carry out the regulation, as well as those that perform control and supervisory functions in architecture, town planning and construction:
      1) President of the Republic of Kazakhstan;
      2) Government of the Republic of Kazakhstan;
      3) the authorized body for architecture, town planning and construction affairs;
      4) other central executive bodies within their special powers on issues related to architectural, town planning and construction activities;
      5) local representative and executive bodies of oblasts, cities of republican status and the capital, districts, cities of oblast status.
      Footnote. The article 18 as amended by the Law of RK  № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);as amended by Laws of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 19. Competence of the Government of the Republic of Kazakhstan in architectural, town planning and construction activities

      The Government of the Republic of Kazakhstan in architectural, town planning and construction activities:
      1) conducts state policy in architectural, town planning and construction activities;
      2) is excluded by the Law of RK № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication);
      3) assigns the central executive bodies with a comprehensive development of the general scheme of the organization of the territory of the Republic of Kazakhstan, approves and implements its key provisions including the system of settlement and distribution of productive forces, town planning regulations of republican status, schemes and projects for the development of industrial, social, recreational, engineering and transport infrastructure, and also territories and objects of special town planning regulation of republican and inter-regional status;
      3-1) assigns the central executive bodies to develop interregional schemes of territorial development;
      3-2) approves inter-regional schemes of territorial development;
      3-3) approves the rules for development and coordination of interregional schemes of territorial development;
      4) establishes the boundaries of the territories and facilities of special town planning regulation of republican and inter-regional status;
      5) approves the draft master plans (including the main provisions) of the city of republican status, the capital and cities of regional status with an estimated population of over one hundred thousand inhabitants, other town planning and architectural and construction documentation of national, interstate or interregional status, as well as the inclusion of changes, with the exception of architectural and construction documentation on objects of the international specialized exhibition;
      6) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      6-1) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      7) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      8) makes decisions on the design and construction of facilities of national and interstate status;
      9) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      9-1) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      10) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      11) controls the compliance with the requirements of legislation on the priority use of the Republic of Kazakhstan potential in architectural, town planning and construction activities;
      12) (excluded);
      13) issues regulatory legal acts regulating architectural, town planning and construction activities;
      14) ensures the implementation of intergovernmental agreements on cooperation in architecture, town planning and construction;
      15) is excluded by the Law of RK № 269-V dated 29.09.2014 (shall be effective from 01.01.2015);
      15-1) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      15-2) is excluded by the Law of RK № 34-V dated 10.07.2012 (shall be effective from the date of its first official publication);
      16) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      16-1) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      17) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      18) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      19) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      20) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      21) determines the procedure for the implementation of construction projects (reconstruction, capital repairs) of facilities and complexes outside of the Republic of Kazakhstan;
      22) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      23) approves the rules for the manufacture and placement of plates with the name of state bodies on administrative buildings;
      24) performs other functions assigned to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. The article 19 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 38 dated 12.04.2005 ; N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 125 dated 31.01.2006; N 209 dated 29.12.2006 (for the order of enforcement refer to the art. 2); N 180-IV dated 10.07.2009; N 188-IV dated 17.07.2009 (for the order of enforcement refer to the art. 2); № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication);  № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 34-V dated 10.07.2012 (shall be effective from the date of its first official publication); № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 364-V dated 27.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 20. Competence of the authorized body for architecture, town planning and construction

      The competence of the authorized body for architecture, town planning and construction includes:
      1) the implementation of state policy in architecture, town planning, construction, development of the production base of the construction industry;
      1-1) is exluded by the Law of RK № 159-V dated 13.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      1-2) exercising coordination and methodological guidance of local executive bodies in architecture, town planning, construction, development of the production base of the construction industry;
      1-3) the organization of scientific research on pricing and economics in the field of construction of facilities at the expense of public investment and funds of the quasi-public sector entities;
      1-4) development and coordination of inter-regional schemes of territorial development;
      2) is exluded by the Law of RK № 102-V dated 13.06.2013 (shall be effective upon expiry of ten calendar days after its first official publication);
      3)-6) are excluded by the Law of RK № 159-V dated 13.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      6-1) is excluded by the Law of RK № 366-V dated 28.10.2015(shall be effective upon expiry of ten calendar days after its first official publication);
      6-2) development and approval of regulatory documents on pricing in construction and estimated norms;
      6-3) development and approval of rules for determining the cost of construction of facilities at the expense of public investment and funds of the quasi-public sector entities;
      6-4) development and approval of the rules for the formation of the Unified State E-Bank of pre-project and project (design and estimate) documentation for the construction of facilities financed by public investments and funds of quasi-public sector entities;
      6-5) formation of the Unified STATE E-BANK of pre-project and project (design and estimate) documentation for the construction of facilities financed by public investments and funds of quasi-public sector entities;
      6-6) formation, maintenance and systematic updating of the Unified state register of new technologies in construction;
      6-7) development and approval of the rules for implementation of technical inspection of the reliability and sustainability of buildings and structures;
      7) is excluded by the Law of RK № 159-V dated 13.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      8) arrangement of comprehensive town planning examination of master plans for cities of republican status, the capital, cities of oblast status with an estimated population of over one hundred thousand residents, other town planning documentation approved by the Government of the Republic of Kazakhstan;
      9) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      10) (is excluded – N 222 dated January 12, 2007)
      11) management of state expertise of the projects;
      11-1) development and approval of the procedure for certification of experts engaged in expert work and engineering services in architectural, town planning and construction activities;
      11-2) development and approval of rules for the creation of expert commissions (expert groups) and the involvement of specialists (specialized institutions and organizations) to participate in a comprehensive independent and town planning expertise;
      11-3) development and approval of rules for drawing up expert opinions on town planning and construction projects (feasibility studies and design and estimate documentation);
      11-4) development and approval of rules for expert organization accreditation;
      11-5) development and approval of the rules for carrying out a comprehensive private examination of feasibility studies and design and estimate documentation intended for the construction of new, as well as modification (reconstruction, expansion, technical re-equipment, modernization and capital repairs) of existing buildings and structures, their complexes, engineering and transport communications regardless of financing sources;
      11-6) determination of the procedure for approving projects (feasibility studies and design and estimate documentation) intended for construction of facilities at the expense of budget funds and other forms of public investment;
      Notice of RCLI! Point 11-7) is valid till 01.01.2016 in accordance with the Law of RK № 269-V dated 29.12.2014 (for the order of enforcement refer p. 5 of the art. 3).
      11-7) maintaining a register of accredited expert organizations;
      11-8) development and approval of the rules for conducting a comprehensive town planning expertise of town planning projects at all levels;
      11-9) accreditation of legal entities qualifying for comprehensive private examination of construction projects;
      11-10) development and approval of rules for the real estate address assignment in the Republic of Kazakhstan, in cooperation with the authorized informatization body;
      11-11) approval of individual plans for the phased development and coordination of design and estimate documentation for the construction of certain facilities requiring special regulation and (or) town planning regulation;
      11-12) development and approval of rules determining the order of maintaining the portal and information systems for organizing the conduct of a comprehensive departmental examination of construction projects on the principle of "single window";
      12) is excluded by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      12-1) exercising control and supervision over the activities of local executive bodies for architecture, town planning, construction and state architectural and construction control with regard to the respective performance of the functions assigned to them by the legislation of the Republic of Kazakhstan;
      12-2) maintaining a register of licenses in architectural, town planning and construction activities;
      12-3) issuance of prescriptions and application of administrative measures established by the Code of the Republic of Kazakhstan on administrative offenses to local executive bodies for architecture, town planning, construction and state architectural and construction control;
      12-4) a visit to the facility in order to establish the appropriate performance by local executive bodies for architecture, town planning, construction, and state architectural and construction control of the functions assigned to them by the legislation of the Republic of Kazakhstan;
      13) creation of a state town planning cadastre, control over its maintenance;
      13-1) coordination of actions of central and local executive bodies on the provision of information and (or) information for inclusion in the database of the state town planning cadastre;
      14) regulatory, technical and methodological support of the activities of entities of architectural, town planning and construction activities, as well as the state enterprise maintaining the state town planning cadastre;
      14-1) development and approval of rules for the implementation of control and supervision over the activities of local executive bodies for architecture, town planning, construction and state architectural and construction control;
      15) making decisions on the application of the stipulated legislative measures to violators in connection with the violations and deviations from the norms of the law, state regulatory requirements, conditions and restrictions established in architectural, town planning and construction activities;
      15-1) development and approval of the rules for registration in the database of the state town planning cadastre of pre-project and project (design and estimate) documentation, as well as objects of architectural, town planning and construction activities;
      16) (excluded);
      17) (is excluded - N 116 dated January 10, 2006 (for the order of enforcement refer to the art. 2 of the Law N 116)
      18) certification of state building inspectors;
      18-1) maintaining the register of certified experts who carry out expert work and engineering services in architectural, town planning and construction activities;
      19) development of technical regulations;
      Notice of RCLI!
      The article 20 shall be complemented by the sub-point 19-1 in accordance with the Law of RK № 184-VI dated 05.10.2018 (shal be effective upon expiry of six months afer its first official publication).
      20) is excluded by the Law of RK № 366-V dated 28.10.2015(shall be effective upon expiry of ten calendar days after its first official publication);
      21) is excluded by the Law of RK № 159-V dated 13.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication);
      22) is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015);
      22-1) development and approval of forms of conclusions on the quality of construction and installation works and the conformity of the work performed to the project, the declaration of conformity;
      22-2) development and approval of the form of facility commissioning certificate in coordination with the authorized state body exercising state regulation and control of activities in the field of state registration of rights to real estate and state technical inspection of real estate;
      23) is excluded by the Law of RK  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      23-1) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      23-2) approval of the rules for the provision of engineering services in architectural, town planning and construction activities;
      23-3) approval of the rules for certification of state construction inspectors exercising architectural and construction control and supervision;
      23-4) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      23-5) approval of the rules for determining the general procedure for attributing buildings and structures to technically and (or) process complicated entities;
      23-6) approval of the rules for determining the order of conducting monitoring of facilities and complexes under construction (scheduled for construction);
      23-7) approval of technical regulations;
      23-8) approval of rules for maintaining and providing information and (or) information from the state town planning cadastre;
      23-9) approval of unified qualification requirements for licensed architectural, town planning and construction activities;
      23-10) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      23-11) approval of the list of types of works (services) as part of construction and installation works;
      23-12) managing the activities and coordinating the actions of central and local executive bodies in the conduct of state policy in architectural, town planning and construction activities;
      23-13) taking measures to ensure the rational use of territories and natural resources in the urban development of areas of state and interregional importance;
      23-14) approval of the rules for the organization of building and the passing licensing procedures in the field of construction;
      23-15) approval of model rules for the maintenance and protection of green spaces, rules for landscaping the cities and inhabited localities;
      23-16) development, approval, entry into force and cancellation of state standards in architecture, city planning and construction;
      23-17) approval of the rules for organization of activities and implementation of the functions of the customer (developer);
      23-18) development and approval of the rules for determining the cost of works on the comprehensive independent examination of projects for construction of facilities, as well as a comprehensive town planning examination of projects for town planning of territories at various levels;
      23-19) development and approval of rules and licensing requirements for certification of engineering and technical workers involved in the design and construction process;
      23-20) development and approval of rules and licensing requirements for accreditation of non-state certification centers for certification of engineering and technical workers involved in the design and construction process;
      23-21) development and approval of rules and licensing requirements for accreditation of organizations providing engineering services for technical supervision and expert work on technical inspection of the reliability and sustainability of buildings and structures at technically and technologically complex facilities of the first and second levels of responsibility;
      23-22) accreditation of non-state certification centers for certification of engineering and technical workers involved in the design and construction process;
      23-23) accreditation of legal entities carrying out technical supervision and technical inspection of the buildingd and facilities of the first and second levels responsibility;
      23-24) development and approval of rules for accreditation of organizations for the management of projects in architecture, town planning and construction;
      23-25) maintaining the register of accredited non-state certification centers for certification of engineering and technical workers involved in the design and construction process;
      23-26) maintaining the register of certified engineering and technical workers involved in the design and construction process;
      23-27) maintaining a register of accredited organizations providing engineering services for technical supervision and expert work on technical inspection of the reliability and sustainability of buildings and structures at technically and technologically complicated facilities of the first and second levels of responsibility;
      23-28) maintaining the register of accredited organizations for the management of projects in architecture, town planning and construction;
      24) exercising other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
      Footnote. The article 20 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 38 dated 12.04.2005 ; N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 209 dated 29.12.2006 (for the order of enforcement refer to the art. 2); N 222 dated 12.01.2007 (shall be effective upon expiru of 6 months after its first official piblication); N 297 dated 21.07.2007 (shall be effective from the date of its official publication); N 180-IV dated 10.07.2009 ; N 188-IV dated 17.07.2009 (for the order of enforcement refer to the art.2); № 258-IV dated 19.03.2010; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication);  № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after is first official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication); от 10.07.2012 № 31-V (shall be effective upon expiry of ten calendar days after its first official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 102-V dated 13.06.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 159-V dated 13.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 366-V dated 28.10.2015 (for the order of enforcement refer to the art. 2);  № 419-V dated 24.11.2015 (shall be effective from 01.01.2016); № 487-V dated 07.04.2016 (shall be effective from the date of signing); № 49-VI dated 27.02.2017 (shall be effective upon expiry of two months after its first official publication); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 21. Competence of regional maslikhats in architectural, town planning and construction activities

      The competence of regional maslikhats in architectural, town planning and construction activities carried out in the relevant territory covers:
      1) approval of the draft master plan (including the main provisions) of cities of oblast status with an estimated population of over one hundred thousand inhabitants;
      2) approval of the integrated schemes of town planning for the territory of the subordinated administrative and territorial units (regional planning projects) submitted by the akimat of the region;
      3) approval of draft master plans (including the main provisions) of cities of regional status with an estimated population of up to one hundred thousand inhabitants;
      4) approval of the rules for the improvement and engineering support of the territories, as well as the rules for the preservation and maintenance of the housing stock, other buildings and structures for housing and civil purposes, and engineering communications;
      4-1) approval of the rules for creation, maintenance and protection of greenery outside the forestry fund of the Republic of Kazakhstan within the boundaries of the oblast inhabited localities, submitted by the oblast akimat;
      5) formation and approval of oblast commissions for the protection of historical and cultural landmarks;
      6) (excluded)
      Footnote. The article 21 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 116 dated 10.01.2006 (for the order of enfoecement refer to the art. 2 of the Law N 116); N 180-IV dated 10.07.2009; № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 22. Competence of city maslikhats in architectural, town planning and construction activities

      1. The competence of maslikhats of the city of republican status, the capital in architectural, town planning and construction activities carried out in the territory of the city and suburban area covers:
      1) approval of the draft master plan for the city development (including the main provisions);
      1-1) approval of a comprehensive scheme of town planning of adjacent territories (project of district planning), assigned by law to the zone of city influence;
      2) approval of the rules for urban improvement and engineering support of the city submitted by the city akimat;
      2-1) approval of the rules for creation, maintenance and protection of greenery outside the forestry fund of the Republic of Kazakhstan within the city borders submitted by the city akimat;
      3) approval of the rules for the maintenance of housing stock, other buildings and structures for housing and civil use, engineering communications submitted by the city akimat, agreed with the authorized body for architecture, town planning and construction;
      4) formation and approval of city commissions for the protection of historical and cultural landmarks;
      5) establishment of territorial rules for the protection and maintenance of historical and cultural landmarks, objects of the state natural reserve fund of urban importance.
      1-1. The competence of maslikhats of cities of oblast significance with a population of over one hundred thousand inhabitants in architectural, town planning and construction activities carried out in the city and suburban area:
      1) approval of the draft master plan of the city;
      2) approval of the draft integrated town planning scheme of the areas adjacent to the city (regional planning project), which are legally assigned to the city's zone of influence;
      3) is excluded by the Law of RK № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication);
      4) approval of the rules of improvement and engineering support of the city and suburban area, as well as the maintenance of housing, other buildings and structures for housing and civil purposes, engineering communications.
      2. The competence of maslikhats of cities of oblast status with a population of up to one hundred thousand inhabitants in architectural, town planning and construction activities carried out in the city and suburban area:
      1) approval of the draft master plan of the city (including the main provisions), the draft comprehensive scheme of town planning of the territories adjacent to the city (the regional planning project) assigned by law to the city's zone of influence;
      2) is excluded by the Law of RK № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication);
      3) approval of the rules of improvement and engineering support of the city and suburban area, as well as the maintenance of housing, other buildings and structures for housing and civil purposes, engineering communications.
      3. Is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).
      Footnote. The article 22 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 116 dated 10.01.2006 (for the order of enfoecement refer to the art. 2 of the Law N 116); N 297 dated 21.07.2007 (shall be effective from the date of its first official publication); N 180-IV dated 10.07.2009; № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).
      Article 23. Excluded – by the Law of RK N 13 dated December 20, 2004 (shall be entered into force from January 1, 2005)

Article 23-1. Competence of regional maslikhats in architectural, town planning and construction activities

      The competence of the regional maslikhats in architectural, town planning and construction activities carried out in the relevant territory:
      1) approval of master plans of cities of district status and townships, as well as development and development schemes (simplified master plans) of rural settlements with an estimated population of up to five thousand inhabitants;
      2) approval of town planning projects, as well as schemes of engineering sport and communication.
      Footnote. The chapter supplemented by the article 23-1 – by the Law of RK N 116 dated January 10, 2006 (for the order of enforcement refer to the art. 2 of the Law N 116); as amended by the Law of RK № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 24. Competence of regional akimats in architectural, town planning and construction activities

      1. The competence of regional akimats in architectural, town planning and construction activities carried out in the territory of the subordinated oblast:
      1) coordination of activities for the implementation of a comprehensive scheme of town planning of territories (project of regional planning of the region or its part), master plans of inhabited localities in the territory of oblast;
      1-1) implementation of the state policy in architecture, town planning, construction, development of the production base of the construction industry;
      2) submission for consideration by the regional maslikhat of a draft master plan of a city of oblast status with an estimated population of over one hundred thousand inhabitants for subsequent submission for approval to the Government of the Republic of Kazakhstan;
      2-1) organization of development and submission to the Government of the Republic of Kazakhstan for approval of master plans of cities of oblast status with estimated population of over one hundred thousand inhabitants, approved by the oblast maslikhat;
      2-2) submission for approval to the regional maslikhat of integrated schemes for town planning of the territory of subordinate administrative-territorial units (projects of district planning), as well as projects of master plans for the development of cities of oblast status with an estimated population of up to one hundred thousand inhabitants approved by city maslikhats;
      2-3) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      3) submission for approval to the oblast maslikhat of the rules for the improvement and engineering support of the territories, as well as the rules for the preservation and maintenance of the housing stock, other buildings and structures for housing and civil purposes, utilities, historical and cultural landmarks, objects of the state natural reserve fund;
      3-1) submission for approval to the oblast maslikhat of the rules for creation, maintenance and protection of greenery outside the forestry fund of the Republic of Kazakhstan within the boundaries of inhabited localities of the oblast;
      4)submission to the oblast maslikhat of proposals conditioned by city-forming factors to establish or change the boundaries of subordinated administrative-territorial units in accordance with the legislation of the Republic of Kazakhstan;
      5) coordination of draft master plans for cities of republican status in terms of their development at the expense of the territory of oblast, reserve territories, suburban area, as well as other territories legally assigned to the zone of city influence;
      6) coordination of draft master plans for cities of oblast status;
      7) submission to the oblast maslikhat of the proposals on formation of commissions for the protection of historical and cultural landmarks;
      8) (is excluded - N 116 dated January 10, 2006 (for the order of enforcement refer to the art.2 of the Law N 116);
      9) keeping the public informed about the planned development of the territory or other town planning changes;
      10) approval and implementation of town planning projects (detailed planning projects, development projects) designed for the development of approved master plans (integrated town planning schemes, planning projects) of inhabited localities;
      10-1) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      11) making decisions on the construction, expansion, technical re-equipment, modernization, reconstruction, restoration and overhaul of buildings, constructions, structures, engineering and transport communications, as well as on the engineering preparation of the territory, landscaping and planting, the preservation of construction of not competed facilities, the implementation of set of works post-disposal of facilities of the oblast status;
      12) keeping records of facility commissioning certificates, as well as commissioning of facilities (complexes);
      12-1) rendering assistance in the work of state bodies of architectural and construction control and supervision in the oblast;
      13) is excluded № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      14) provision in the prescribed manner of information and (or) details for inclusion in the database of the state town planning cadastre;
      15) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      16) organization of a comprehensive town planning examination of projects of master plans of cities of oblast status with an estimated population of up to one hundred thousand inhabitants;
      17) monitoring of facilities and complexes under construction (planned for construction) in the manner established by the authorized body for architecture, town planning and construction;
      17-1) coordination with the accredited republican sports federations of technical specifications and terms of reference for the design of sports facilities intended for holding competitions at international and republican levels;
      17-2) is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015);
      17-3) implementation of state architectural and construction control and supervision over the quality of construction of facilities, the application of administrative measures established by the Code of the Republic of Kazakhstan on administrative offenses to violators of architectural and town planning discipline at these sites;
      17-4) implementation of licensing in architectural, town planning and construction activities;
      17-5) making decisions on the application to violators of the stipulated legislative measures in connection with the violations and deviations from the norms of the law, state regulatory requirements, conditions and restrictions established in architectural, town planning and construction activities;
      17-6) certification of experts for the right to carry out expert work and engineering services in architectural, town planning and construction activities;
      17-7) organization and implementation of quality control of project documentation;
      17-8) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      17-9) consideration and approval of pre-project and project (design and estimate) documentation for the construction of facilities and complexes financed by the local budget, as well as the republican budget allocated to finance the local budget investment project;
      17-10) accreditation of organizations for managing projects in architecture, town planning and construction;
      18) is excluded by the Law of RK  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication);
      19) is excluded by the Law of RK  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication);
      20) implementation in the interests of local government of other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
      2. Excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).
      Footnote. The article 24 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 180-IV dated 10.07.2009 ; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 102-V dated 13.06.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 229-V dated 03.07.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (for the order of enforcement refer to the subpoint. 7)of the point 1 of the art. 3); № 366-V dated 28.10.2015 (for the order of enforcement refer to the art. 2); № 487-V dated 07.04.2016 (shall be effective from the date of signing).

Article 25. Competence of akimats of the city of republican status, the capital and cities of regional status in architectural, town planning and construction activities

      1. The competence of akimats of the city of republican status, the capital in architectural, town planning and construction activities carried out within the established boundaries of the territory under their jurisdiction, and includes:
      1) the implementation of the state architectural, town planning and construction policies in the territory under their jurisdiction;
      1-1) implementation of the state policy in architecture, town planning, construction, development of the production base of the construction industry;
      2) coordination of activities for the implementation of a comprehensive town planning scheme for adjacent territories (a regional planning project) approved in accordance with the procedure established by legislation of the general plan of the city and assigned to the zone of influence of the city according to the procedure established by legislation;
      3) organization of the development and submission to the city maslikhat for approval of the draft master plan for the city, projects for establishing and changing the city limits and boundaries of the suburban zone, and the boundaries of districts and inhabited localities transferred to administrative jurisdiction of the city;
      4) submission of the draft master plan of the city for approval by the Government of the Republic of Kazakhstan;
      5) submission to the city maslikhat for approval of town planning documentation;
      6) submission for approval to the city maslikhat of the city rules for improvement and engineering support of the territory under its jurisdiction;
      6-1) submission to the city maslikhat for approval of the rules for creation, maintenance and protection of greenery outside the forestry fund of the Republic of Kazakhstan within the city borders;
      7) submission to the city maslikhat of proposals on the establishment of rules for the preservation and maintenance of housing, other buildings and structures for housing and civil purposes, engineering communications, historical and cultural monuments, objects of the state natural reserve fund of urban status;
      8)submission to the city maslikhat of proposals on the formation of commissions for protection of historical and cultural landmarks;
      9) keeping the public informed about the planned development of the territory or other town planning changes;
      10) approval and implementation of urban projects developed for the development of the approved master plan (integrated town planning scheme, planning projects) of the city and suburban area;
      10-1) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      11) making decisions on the selection, provision, and in cases stipulated by legislative acts, and seizure of land plots for state use in the territory under their jurisdiction for development or other urban development;
      12) decision-making on construction, expansion, technical re-equipment, modernization, reconstruction (re-planning, re-equipment, redevelopment), restoration and major repairs of constructions, buildings, structures, engineering and transport communications, as well as engineering preparation of territory, general improvement and landscaping, conservation of construction sites (objects), carrying out a set of works on post-utilization of objects significant for a city;
      13) keeping records of facility commissioning certificates, as well as facilities (complexes) under commissioning, with the obligatory accounting of ensuring access for persons with disabilities;
      13-1) rendering assistance in the work of state bodies of architectural and construction control and supervision in the oblast;
      14) the organization of the preservation of the housing stock, communications, historical and cultural monuments, objects of the state natural reserve fund and control over their regulatory content (use, operation);
      15) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      16) the provision in the prescribed manner of information and (or) details for inclusion in the database of the state town planning cadastre;
      17) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      18) monitoring of projects and complexes under construction (planned for construction) in accordance with the procedure established by an authorized body for architecture, town planning and construction;
      18-1) coordination with the accredited republican sports federations of technical specifications and statement of work for the design of sports facilities intended for holding competitions of international and republican levels;
      18-2) is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015);
      18-3) implementation of state architectural and construction control and supervision over the quality of construction of facilities, the application of administrative measures established by the Code of the Republic of Kazakhstan on administrative offenses to violators of architectural and town planning discipline at these sites;
      18-4) licensing in architectural, town planning and construction activities;
      18-5) making decisions on the application to violators of the stipulated legislative measures in connection with the violations and deviations from the norms of the law, state regulatory requirements, conditions and restrictions established in architectural, town planning and construction activities;
      18-6) certification of experts for the right to carry out expert work and engineering services in architectural, town planning and construction activities;
      18-7) organization and implementation of control over project documentation quality;
      18-8) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      18-9) consideration and approval of pre-project and project (design and estimate) documentation for the construction of facilities and complexes financed from the local budget, as well as the republican budget allocated to finance the local budget investment project;
      18-10) accreditation of organizations for project management in architecture, town planning and construction;
      19) is excluded by the Law of RK  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication);
      20) is excluded by the Law of RK  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication);
      21) implementation in the interests of local government of other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
      1-1. The competence of the akimat of the capital, in addition to the functions stipulated in paragraph 1 of this article, in architectural, town planning and construction activities carried out in the capital and suburban areas include:
      1) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      2) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      2-1) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);
      3) control over the timing of design, construction and commissioning of facilities under reconstruction;
      4) borrowing in accordance with the budget legislation of the Republic of Kazakhstan.
      2. The competence of akimats of cities of oblast significance with a population of over one hundred thousand inhabitants in architectural, town planning and construction activities carried out within the established boundaries of the territory under their jurisdiction include:
      1) coordination of activities for the implementation of a comprehensive town planning scheme for adjacent territories (a regional planning project) approved in accordance with the procedure established by legislation of the general plan of the city;
      2) organizing the development and submission for approval to the city maslikhat of a draft master plan for the city, projects for establishing and changing the city limits and boundaries of the suburban area, as well as the boundaries of the subordinate administrative districts and satellite settlements;
      3) submission, in accordance with Article 22 of this Law, for approval by the relevant maslikhat of town planning documentation, as well as the rules for the improvement and engineering support of the city;
      4) submission to the city maslikhat of proposals on the establishment of rules for the preservation and maintenance of housing, other buildings and structures for housing and civil purposes, engineering communications, historical and cultural monuments, objects of the state natural reserve fund of local importance;
      5) keeping the population of the city informed about the planned construction or other town planning changes;
      5-1) the provision in the prescribed manner of information and (or) details for inclusion in the database of the state town planning cadastre;
      6) approval and implementation of urban projects, projects of detailed planning and development of the city and suburban area;
      7) making decisions on the selection, provision, and in cases provided for by legislative acts, seizure of land plots for state use on the territory under their jurisdiction for development or other urban development;
      8) making decisions on the construction (expansion, technical re-equipment, modernization, reconstruction, restoration and overhaul) of buildings, buildings, structures, engineering and transport communications, as well as on the engineering preparation of the territory, landscaping and planting, conservation complex of works on post-utilization of local objects;
      9) keeping records of facility commissioning certificates, as well as facilities (complexes) under commissioning;
      10) organization of the preservation of the housing stock, communications, historical and cultural monuments, objects of the state natural reserve fund and control over their regulatory content (use, operation);
      11) monitoring of facilities under construction (planned for construction) and complexes in the manner established by the authorized body for architecture, town planning and construction;
      12) the exercise in the interests of the local government of other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
      3. The competence of akimats of cities of oblast significance with a population of up to one hundred thousand inhabitants in architectural, town planning and construction activities carried out within the established boundaries territory under their jurisdiction include:
      1) coordination of activities for the implementation of a comprehensive town planning scheme for adjacent territories (a regional planning project) approved in accordance with the procedure established by legislation of the general plan of the city;
      2) organization of development and submission for approval to the city maslikhat of the draft master plan of the city, projects for establishing and changing the city limits and boundaries of the suburban area, as well as the borders of the subordinated administrative districts and satellite settlements, and integrated urban development schemes;
      3) submission, in accordance with Article 22 of this Law, for approval by the relevant maslikhat of town planning documentation, as well as the rules for the improvement and engineering support of the city;
      4) submission to the city maslikhat of proposals on the establishment of rules for the preservation and maintenance of housing, other buildings and structures for housing and civil purposes, engineering communications, historical and cultural monuments, objects of the state natural reserve fund of local importance;
      5) keeping the population of the city informed about the planned construction or other town planning changes;
      5-1) the provision in the prescribed manner of information and (or) details for inclusion in the database of the state town planning cadastre;
      6) approval and implementation of urban projects, projects of detailed planning and development of the city and suburban area;
      7) making decisions on the selection, provision, and in cases provided for by legislative acts, seizure of land plots for state use on the territory under their jurisdiction for development or other urban development;
      8) making decisions on the construction (expansion, technical re-equipment, modernization, reconstruction, restoration and overhaul) of buildings, buildings, structures, engineering and transport communications, as well as on the engineering preparation of the territory, landscaping and planting, conservation complex of works on post-utilization of local objects;
      9) keeping records of facility commissioning certificates, as well as facilities (complexes) under commissioning;
      10) organization of the preservation of the housing stock, communications, historical and cultural monuments, objects of the state natural reserve fund and control over their regulatory content (use, operation);
      11) monitoring of facilities under construction (planned for construction) and complexes in the manner established by the authorized body for architecture, town planning and construction;
      12) the exercise in the interests of the local government of other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. The article 25 as amended by the Law of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); as amended by Laws of RK N 297 dated 21.07.2007 (shall be effective from the date of its official publication); N 180-IV dated 10.07.2009 ; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 102-V dated 13.06.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 229-V dated 03.07.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (for the order of enforcement refer to the subpoint. 7)of the point 1 of the art. 3); № 366-V dated 28.10.2015 (for the order of enforcement refer to the art. 2); № 433-V dated 03.12.2015 (shall be effective from 01.01.2016); № 487-V dated 07.04.2016 (shall be effective from the date of signing).

Article 26. Competence of district akimats in architectural, town planning and construction activities

      The competence of akimats of the districts in architectural, town planning and construction activities carried out on the territory under their jurisdiction includes:
      1) coordination of activities for the implementation of a comprehensive scheme of town planning of the district territory (project of district planning) and general plans of rural settlements approved in accordance with the legislation;
      1-1) provision in the prescribed manner of information and (or) details for inclusion in the database of the state town planning cadaster;
      2) (excluded)
      3) (excluded)
      4) (excluded)
      5) keeping the population of the city informed about the planned development of the territory or other changes in town planning;
      6) (excluded)
      7) making decisions on the construction, engineering preparation of the territory, landscaping and planting, the preservation of the construction of unfinished objects, the complex of works on the post-utilization of objects of regional status;
      8) (excluded)
      9) keeping records of facility commissioning certificates, as well as facilities (complexes) under commissioning;
      10) organization of the preservation of housing, communications, historical and cultural landmarks of district status, control over their maintenance (use, operation).
      11) (excluded)
      12) organization of the development and submission to the district maslikhat for approval of plans for the town planning development of the district, as well as draft master plans for cities of oblast status, townships and other rural settlements;
      13) implementation of urban projects designed for the development of approved master plans (territorial development schemes) of; inhabited localities
      13-1) consideration and approval of pre-project and project (design and estimate) documentation for the construction of facilities and complexes financed by the local budget, as well as the republican budget allocated to finance the local budget investment project;
      14) monitoring of facilities under construction (planned for construction) and complexes in the manner established by the authorized body for architecture, town planning and construction;
      15) making decisions on the selection, provision, and in cases stipulated by legislative acts, and seizure of land plots for state use in the territory under their jurisdiction for development or other urban development;
      16) making decisions on reconstruction through redevelopment of the premises of existing buildings;
      17) implementation in the interests of local government of other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan.
      Footnote. The article 26 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 487-V dated 07.04.2016 (shall be effective from the date of signing).

Article 27. Local executive bodies for architecture, town planning, construction and state architectural and construction control

      Footnote. The heading of the artile 27 as amended by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication).
      1. Local executive bodies for architecture, town planning, construction and state architectural and construction control are the structural subdivisions of the relevant akimats and are divided into:
      1) authorities of oblast (cities of republican status, the capital):
      for architecture and town planning;
      construction (single customer service);
      state architectural and construction control and supervision;
      2) authorities of district (cities of oblast status):
      for architecture and town planning;
      construction (single customer service).
      2. The competence of local executive bodies for architecture, town planning, construction and state architectural and construction control is established in accordance with Articles 24, 25 and 26 of this Law.
      3. The heads of structural subdivisions of local executive bodies of the city of republican status, the capital and cities of oblast status, performing functions in architecture and town planning, are ex officio chief architects of cities.
      The heads of structural subdivisions of the local executive bodies of the district, performing functions in architecture and town planning, are, by virtue of their position, chief architects of districts.
      Footnote. The article 27 as amended by the Law of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); as amended by Law of RK N 180-IV dated 10.07.2009; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication).

Chapter 4-1. General safety requirements in architectural, town planning and construction activities

      Footnote. The chapter 4-1 is supplemented by the Law of RK № 209 dated 29.12.2006 (for the order of enforcement refer to the article 2).
      Notice of RCLI!
      The heading of the article 27-1 as amended by the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).

Article 27-1. Facilities subject to technical regulation

      Notice of RCLI!
      The first part of the article 27-1 as amended by the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).
      Facilities subject to technical regulation in architectural, town planning and construction activities are buildings, structures, the processes of their design, construction, reconstruction, technical re-equipment, expansion, major repairs and maintenance, as well as building materials and structures.
      When designing, building, reconstructing, carrying out technical re-equipment, expanding, overhauling and operating industrial facilities on the territory of special economic zones, international specialized exhibitions on the territory of the Republic of Kazakhstan, it is allowed to use building codes and standards of foreign states, international organizations. During the construction of industrial enterprises in the special economic zones, objects of the international specialized exhibition in the Republic of Kazakhstan, it is allowed to use building materials and structures that meet the requirements of building codes and regulations, as well as the standards of foreign states, international and regional organizations.
      Footnote. The article 27-1 as amended by Laws of RK № 151-V dated 03.12.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 362-V dated 27.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 27-2. Safety requirements to facilities

      1. The design of architectural, town planning and construction activities shall ensure the structure safety for human life and health, and the environment.
      2. When designing structures, all possible risks to human life and health and the environment shall be identified and considered at all stages of the life cycle, including during normal operation, emergency situations, alleged violations during construction and installation work and unacceptable construction.
      3. In the course of construction and installation works, the developer is obliged to carry out the full range of safety measures, determined by project documentation, and to ensure the possibility of control and supervision of their implementation at various stages of the construction of the structure.
      4. Structures under construction shall be removed from other objects for the required distance in accordance with established norms.
      5. When entering into a construction contract for the construction, reconstruction and repair of facilities, customers shall indicate in them the requirements of technical regulations and other regulatory and technical documents ensuring safety in the field of technical regulation.
      6. At construction sites that are areas of increased danger, the customer and the contractor are obliged to ensure the safety of construction and installation works and to exclude the possibility of harm to human life and health, the environment.
      7. When designing and constructing structures, it is necessary to take into account loads that may lead to the following phenomena:
      1) the collapse of the entire structure or part thereof;
      2) deformation of an unacceptable value;
      3) damage to other parts of the structure or installations and equipment located in them, due to significant deformations of the bearing elements;
      4) damage caused by random events that are disproportionate to the root cause.
      8. Structures shall be designed and constructed in such a way that in case of fire:
      1) the strength of the bearing elements was provided for a certain period;
      2) the occurrence and distribution of fire and smoke inside the building was limited;
      3) to provide immediate evacuation of people through emergency exits, including people with limited mobility;
      4) rescue teams had safe access to fire sources.
      9. Structures shall be designed and constructed in such a way as not to pose a risk to hygiene and human health, in particular, due to:
      1) the release of toxic gases and other harmful chemicals;
      2) occurrence of dangerous particles or gases in the air;
      3) hazardous radiation;
      4) contamination of water or soil;
      5) violations with the release of water, fumes, solid or liquid waste;
      6) the presence of moisture in parts of the structure or internal surfaces of the structure.
      10. Structures shall be designed and constructed in such a way that their operation does not represent an unacceptable risk of accidents such as sliding, falling, shocks, burns, electric shock, injuries due to explosions.
      11. Noise insulation of a structure shall be designed and constructed taking into account the absence of unacceptable risk to human life and health.
      12. The construction, as well as its heating, cooling and ventilation installations, shall be designed and constructed so that the energy consumption required for the use of the structure remains moderate, taking into account local climatic conditions, but without harming human health.
      Footnote. The article 27-2 as amended by the Law of RK № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 433-V dated 03.12.2015 (shall be effective from 01.01.2016).

Article 27-3. Safety requirements for building materials

      Construction materials shall comply with the requirements of regulatory legal acts establishing a set of mandatory safety requirements, including radiation and chemical safety standards, allowing construction of buildings that are usable for economic aspects and the use of which ensures compliance with the requirements set forth in Article 27-2 of this law.

Article 27-4. Requirements for engineering survey findings and project documentation

      1. The results of engineering surveys shall be reliable and carried out to the extent required to establish the design values of the parameters and other design characteristics of the construction site, as well as the designed measures to ensure its safety.
      Design data in the composition of the results of engineering surveys shall be justified by the person performing engineering surveys, and contain a forecast of changes in their values during the construction and operation of the facility.
      2. Compliance of design values of parameters and other characteristics of the facility with safety requirements, as well as projected measures to ensure its safety shall be justified by reference to the requirements of this Law and other regulatory and regulatory legal acts of the Republic of Kazakhstan in architecture, town planning and construction.
      In there are no abovementioned requirements, the compliance of the design values and characteristics of the building or structure with the safety requirements, as well as the designed measures to ensure its safety shall be justified by one or several methods:
      1) research results;
      2) calculations and (or) tests performed according to certified or otherwise approved methodologies;
      3) modeling scenarios for the occurrence of hazardous natural processes and phenomena, and (or) man-made impacts, including an unfavorable combination of hazardous natural processes and phenomena, and (or) man-made effects;
      4)assessment of risk of the occurrence of hazardous natural processes and phenomena, and (or) man-made impacts.
      The results of engineering surveys shall be considered when justifying.
      Footnote. The chapter 4-1 supplemented by the article 27-4 in accordance with the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Chapter 5. Government regulations in the field of architecture, town planning and construction

Article 28. State system of regulatory documents in the field of architecture, town planning and construction

      State regulation of architectural, town planning and construction activities carried out in the territory of the Republic of Kazakhstan is ensured by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities, as well as the state system of regulatory documents in the field of architecture, town planning and construction.
      2. The state system of regulatory documents in architecture, town planning and construction includes:
      1) regulatory legal acts establishing mandatory requirements for the organization of activities and regulating the relationship of entities in architecture, town planning and construction:
      state town planning standards and regulations;
      technical regulations for the design and construction of facilities (buildings, structures, and complexes and communications thereof);
      standards of state architectural-and- constructional control;
      departmental standards of other state control bodies in construction;
      guideline documents in construction;
      2) regulatory technical documents that establish mandatory safety requirements for individual types of products and (or) their life cycle processes in accordance with requirements of technical regulations (buildings, structures, their complexes, communications):
      construction standards;
      construction standards and rules (for the effective period concurrently with a period of validity determined by an authorized body for architecture, town planning and construction);
      flow diagrams;
      regulatory documents on price formation in construction;
      3) optional technical guidance documents:
      regulations and rules for design and construction;
      regulatory and technical manuals;
      technological design regulations;
      Notice of RCLI!
      The fifth paragraph of the sub point 3) as amended by the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).
      regulatory documents on standardization in architectural, town planning and construction activities, industry, building materials, articles and structures;
      manuals and methodological recommendations that establish proven practices in the development and enforcement of mandatory requirements of technical regulations and construction standards or on individual issues that are not regulated by mandatory standards.
      3. The state system of regulatory documents also includes documents brought into force in the Republic of Kazakhstan in accordance with international treaties, such as:
      1) interstate construction standards;
      2) interstate standards in construction;
      3) interstate regulations and rules for design and construction.
      4. The targets of state regulation are:
      1) settlement systems, inhabited localities and their parts;
      2) architectural, technological, engineering and construction parts of buildings, structures and other constructions, as well as individual premises;
      3) engineering and (or) technological equipment of buildings, structures and other constructions;
      4) building materials, products and structures;
      5) town planning, architectural and construction and other design and estimate documentation.
      5. State administration bodies that have approved regulatory documents in architecture, town planning and construction bear responsibility for technical, economic and social validity of regulatory requirements and their compliance with the legislation of the Republic of Kazakhstan in accordance with the laws of the Republic of Kazakhstan.
      6. Procedure for development, coordination, approval, registration and entry into force (suspension of validity, cancellation) of state standards is established by the authorized body for architecture, town planning and construction as agreed with other central executive bodies, whose competence includes these issues, unless otherwise provided for by laws of the Republic of Kazakhstan.
      Footnote. The article 28 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 29. Types of state regulatory documents in architecture, town planning and construction

      State standards in architecture, town planning and construction are divided into:
      1) organizational and methodological regulatory documents, including standards for standardization and certification of construction products, geodetic work, engineering surveys for design and construction, organization of construction, commissioning, construction safety;
      2) general regulatory and technical documents including main provisions for the reliability of structures, fire and explosion safety, protection against hazardous (harmful) impacts of natural, anthropogenic and man-made nature, technological tolerances and dimensional interchangeability and compatibility of building materials, products and structures;
      3) town planning standards, including requirements, conditions and restrictions on organization of territories, planning, development of inhabited localities and areas of horticultural associations of citizens and their general improvement, on the development of master plans for industrial and agricultural enterprises;
      4) regulatory and technical documents on the design and construction of buildings and structures for civil and industrial purposes, including transport, hydraulic engineering, land reclamation facilities, as well as main and field pipelines and communications;
      5) regulatory documents for the engineering support of inhabited localities or their parts, free-standing buildings, structures and their complexes;
      6) regulatory and technical documents for building materials, products and structures;
      7) regulatory and technical documents for the equipment of construction and building-and-assembly organizations, including temporary and mobile structures and equipment;
      8) regulatory documents on price formation in construction;
      9) regulatory documents on maintaining the state town planning cadaster;
      10) regulatory documents of state control and supervision bodies in architectural, town planning and construction activities (state architectural and construction control, civil protection, state sanitary-epidemiological service, environmental protection);
      11) regulatory documents on the procedure for organization and holding of tenders for contract work in construction.
      Footnote. The article 29 as amended by Laws of RK № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 189-V dated 11.04.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 29-1. Architectural, town planning and construction catalogs

      1. Architectural, town planning and building catalogs constitute the information system of lists of:
      regulatory legal acts and regulatory technical documents in architecture, town planning and construction;
      standard projects and standard project solutions for enterprises, buildings and structures;
      building structures and products;
      building materials;
      production technologies;
      regulatory documents on price formation in construction.
      2. Procedure for formation and maintenance of architectural, town planning and construction catalogs is established by authorized body for architecture, town planning and construction.
      Footnote. The article 29-1 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 30. Rules for managing development and passing licensing procedures in the construction industry

      1. Inhabited localities have rules for their development and going through licensing procedures in the construction industry, which govern architectural, town planning and construction activities at the local level.
      2. Rules for managing development and passing licensing procedures in the construction industry determine conditions and requirements for the use of land, design and development of inhabited localities and suburban areas by entities of architectural, town planning and construction activities, establish a licensing procedure for placing and building new items of real estate, for changes (re-profiling, re-equipment, redevelopment, reconstruction, expansion, overhaul) of existing ones and of functional purpose of premises, commissioning of real estate items.
      3. Project approvals, obtained in accordance with a procedure established by the legislation of the Republic of Kazakhstan, before the entry into force of rules for managing development and passing licensing procedures in the construction industry or amendments to them, are valid for the time period specified in previously issued permits.
      This provision does not apply to cases where, due to entering into force of new requirements, the effect of previous rules does not exclude the emergence of a threat to the health and life of people.
      Rules for managing development and passing licensing procedures in the construction industry shall consider requirements for providing access to people with disabilities and limited mobility.
      Footnote. The article 30 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); as amended by the Law of RK  № 433-V dated 03.12.2015 (shall be effective from 01.01.2016).

Chapter 6. Architectural-and-constructional control and supervision

      Footnote. The heading of the chapter 6 is amended in accordance with the Law of RK № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 31. Organization of architectural and construction control and supervision

      Footnote. The heading as amended by the Law of RK № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication).
      1. Architectural-and-constructional control and supervision shall be executed by:
      1)authorized body for architecture, town planning and construction through visits to construction sites, as well as control over activities of local executive bodies for architecture, town planning, construction and state architectural and construction control;
      1-1) local executive bodies within their control functions, executed through inspections of the construction of facilities;
      2) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication).
      3) a customer through the organization of technical supervision of construction and acceptance of facility;
      4) developers of project documentation by conducting designer’s supervision of construction;
      5) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication).
      2. In the event of a situation, the solution of which are beyond the competence of bodies of state architectural and construction control and supervision, control and supervision shall be carried out with the involvement of:
      Notice of RCLI!
      Sub point 1) as amended by the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).
      1) authorized state body for standardization, metrology and certification – with regard to standardization and certification of construction products;
      Notice of RCLI!
      Point 2 is supplemented by the sub point 1-1) in accordance with the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).
      2) authorized body in industrial safety – with regard to compliance with requirements of industrial safety;
      3) is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015);
      4) an authorized state body in environmental protection - regarding control over the impact of facilities or their parts on ecological state of a territory caused by their construction and (or) operation;
      4-1) authorized body in use and protection of the water fund - in terms of control over architectural, town planning and construction activities in water protection zones;
      5) authorized body for social protection of the population - in terms of providing access for people with disabilities and limited mobility to social, transport and recreational infrastructure.
      3. Orders, instructions and other decisions of state bodies of architectural and construction control and supervision, as well as state bodies specified in paragraph 2 of this article, issued in accordance with a procedure established by law, are mandatory for all entities of architectural, town planning and construction activities carried out in the Republic Kazakhstan.
      4. is excluded by the Law of RK № 125 dated 31.01.2006 .
      5. Mutual claims and disputes between entities of architectural, town planning and construction activities and bodies (services, officials) of architectural and construction control and supervision are resolved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
      Footnote. The article 31 as amended by Laws of RK N 40 dated 13.04.2005 (shall be effective from 01.01.2005); N 116 dated 10.01.2006 (for the order of enforcement refer to the art.2 of the Law N 116); N 125 dated 31.01.2006 ; N 213 dated 09.01.2007 (for the order of enforcement refer to the art. 2); N 180-IV dated 10.07.2009 ; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its first official publication); № 189-V dated 11.04.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 31-1. Architectural-and-constructional control and supervision

      Footnote. The heading as amended by the Law of RK № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication).
      1. Is excluded by the Law of RK № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication).
      2. The customer (owner) and the contractor (general contractor) shall submit project and as-built technical documentation for a given facility requested by a state body for architectural and construction control and supervision or a state construction inspector, as well as an expert opinion on relevant projects.
      3. State architectural-and-constructional control and supervision is carried out over:
      1) existence of a right to a land plot approved by project (design and estimate) documentation, of favorable conclusion of project appraisal, and also over notification of bodies exercising state architectural-and-constructional control and supervision of the commencement of construction and installation works;
      2) reliability of the data specified in the notification;
      3) existence of a license for a right to carry out relevant licensed architectural, town planning and construction activities;
      Notice of RCLI!
      Sub point 4) as amended by the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).
      4) conformity of construction and installation works performed (in progress), building materials (products, structures) and equipment used to approved design decisions and state (interstate) standards, including those to ensure the strength, sustainability, reliability of bearing and enclosing structures and operational qualities of buildings (constructions);
      5) organization and implementation by the contractor (general contractor) of all types and forms of own production control and quality control of construction (input, operating, acceptance, laboratory, geodetic and others);
      6) timely and correct execution of as-built documentation;
      7) organization and implementation by a customer (owner) of technical and designer’s supervision in the construction of facilities;
      8) compliance with requirements established by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities by persons carrying out technical and designer’s supervision.
      4. In case of detection of committed violations of state standards and (or) departures from approved projects (design solutions), state architectural and construction control and supervision bodies make decisions (issue improvement notices):
      1) on prohibiting the use of building materials, products, structures and equipment not complying with national standards and technical specifications;
      2) on rectification of committed violations by the customer (developer) and/or contractor of a construction and installation entity (enterprise) within the established timeline;
      3) on suspension of construction and installation works.
      4-1. If illegal re-equipment and redevelopment of residential and non-residential premises is discovered, bodies of state architectural and construction control and supervision make decisions (issue improvement notices):
      1) on rectification of committed violations by the customer within the established timeline;
      2) on suspension of construction and installation works.
      5. Requirements of state bodies of architectural and construction control and supervision or state construction inspectors may be appealed in the manner established by the legislation of the Republic of Kazakhstan.
      6. Excluded by the Law of RK N 188-IV dated 17.07.2009 (for the order of enforcement refer to the art. 2).
      7. Architectural-and-constructional control and supervision is carried out in the form of inspection and other forms.
      8. Inspection is carried out in accordance with the Entrepreneur Code of the Republic of Kazakhstan. The procedure for organizing and conducting preventive control and supervision shall be determined by the Entrepreneurial Code of the Republic of Kazakhstan and this Law.
      9. Compliance with the requirements specified in subparagraphs 1), 3), 4), 5) and 6) of paragraph 3 of this article shall be provided by state architectural and construction control and supervision bodies through monitoring activities of persons performing technical supervision.
      10. In case of revealing violations or a failure to rectify violations of standards and requirements established by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities at a construction site, a person carrying out technical supervision informs state architectural and construction control and supervision bodies on this for taking measures envisaged by laws of the Republic of Kazakhstan.
      Footnote. The chapter 6 is supplemented by the article 31-1 in accordance with the Law of RK N 125 dated January 31, 2006; as amended by Laws of RK N 188-IV dated 17.07.2009 (for the order of enforcement refer to the art. 2); № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication); № 31-V dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);  № 376-V dated 29.10.2015 (shall be effective from 01.01.2016); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 31-2. Preventive control and supervision with a visit to the entity (facility) subject to control and supervision;

      1. Preventive control and supervision with a visit to the entity (facility) subject to control and supervision, carried out by the bodies of the state architectural and construction control, are preventive in nature.
      2. The bodies of state architectural and construction control are entitled to carry out preventive control and supervision with a visit to the performer (target) of control and supervision, taking into account the priority established in the following order:
      1) industrial facilities, industrial buildings, structures;
      2) administrative buildings of state bodies, buildings of museums of republican significance, state archives, repositories of national and cultural values and life support facilities of cities and inhabited localities, requiring special devices of artificial microclimate and (or) special security or anti-terrorism measures;
      3) socially significant facilities (organizations of education, healthcare, culture and others);
      4) housing and civil facilities;
      5) transport infrastructure facilities;
      6) water supply and water disposal facilities;
      7) other buildings and structures.
      At the same time, the facilities financed at the expense of budget funds and entities of the quasi-state sector are visited on a priority basis with all other conditions being equal.
      In the event of an emergency at a facility under construction, the bodies of the state architectural and construction control visit this facility as a priority.
      3. According to the results of preventive control and supervision with a visit of the performer (target) of control and supervision to eliminate the identified violations without initiating an administrative violation case.
      Moreover, in the event of gross violations established in the criteria for risk assessment, an unscheduled inspection is carried out in accordance with subparagraph 1) of paragraph 3 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.
      Footnote. The chapter 6 is supplemented by the article 31-2 in accordance with the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 32. Licensing in architectural, town planning and construction activities

      1. Certain types of activities in architecture, town planning and construction are subject to licensing in accordance with the legislation of the Republic of Kazakhstan on permits and notifications.
      2. Individuals and legal entities involved in implementation of project activities and construction and installation works in architecture, town planning and construction are divided into the following categories:
      I category includes those carrying out activities, specified in this paragraph, at facilities of all levels of responsibility within the scope of the existing license;
      II category includes those carrying out activities, specified in this paragraph, at facilities of the second and third levels of responsibility, as well as works at facilities of the first level of responsibility within the scope of the existing license under subcontracts;
      III category includes those carrying out activities, specified in this paragraph, at facilities of the second technically uncomplicated and third levels of responsibility, as well as works at facilities of the first and second levels of responsibility within the scope of the existing license under subcontracts.
      Assignment of individuals and legal entities to a certain category is carried out by a licensor issuing a license in accordance with qualification requirements for design activities and construction and installation works in architecture, town planning and construction, and is specified in special provisions of license’s validity.
      2-1. Applicants for a license for design activities and construction and installation works, and licensees carrying out these activities, shall employ certified engineers and technicians.
      Certified engineers and technicians involved in the design and construction process are not allowed to concurrently work for other organizations that carry out the mentioned kinds of activities.
      2-2. Installation, start-up and adjustment of technological equipment and (or) materials by manufacturers or other persons according to the documentation, confirming relevant qualifications and (or) powers, are carried out in cases and in the order established by Law “On Permits and Notifications” of the Republic of Kazakhstan without a license in architecture, town planning and construction.
      3. Licensing of works in architectural, town planning and construction activity is carried out by local executive bodies implementing state architectural-and-constructional control in regions, cities of republican significance, the capital.
      Footnote. The article 32 as amended by the Law of RK  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication); as amended by Laws of RK № 542-IV dated 13.01.2012 (shall be effective from 30.01.2012);  № 203-V dated 16.05.2014 (shall be effective upon expiry of six months after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 32-1. Accreditation in architectural, town planning and construction activities

      1. Legal entities are subject to accreditation, if they carry out:
      certification of engineering and technical personnel participating in the design and construction process;
      engineering services for technical supervision and expert works on technical inspection of reliability and sustainability of buildings and structures at technically and technologically complex facilities of the first and second levels of responsibility;
      project management in architecture, town planning and construction.
      2. Accredited non-state certification centers for certification of engineering and technical personnel involved in the design and construction process provide monthly information on issued certificates to an authorized body for architecture, town planning and construction.
      Footnote. The chapter 6 is supplemented by the article 32-1 in accordance with the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of three months after its first official publication).

Article 33. State architectural and construction inspectorate

      1. Excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015).
      2. The State Architectural and Construction Inspectorate consists of:
      1) a structural subdivision of an authorized body for architecture, town planning and construction, which performs state architectural-and-constructional control over activities of local executive bodies for architecture, town planning, construction and state architectural and construction control;
      2) a local executive body of oblast, city of republican significance, the capital implementing state architectural-and-constructional control over the quality of construction facilities.
      3. The state architectural and construction inspectorate is responsible for:
      1) is excluded by the Law of RK  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its first official publication);
      2) monitoring of facilities under construction (reconstructed, expanded, modernized, overhauled) and commissioned ones;
      3) is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015);
      4) adoption of measures established by legislation against legal entities and officials, who committed irreversible violations or failed to rectify committed violations within legally established timeline.
      5) control over activities of technical and designer’s supervision;
      6) control over the customer’s (owner’s) organization and implementation of technical and designer’s supervision during the construction of facilities.
      4. The state architectural and construction inspectorate (state construction inspector) is entitled:
      1) to request information on facilities and complexes planned for construction and under construction (reconstructed, expanding, modernized, overhauled ones) in the Republic of Kazakhstan from entities of architectural, town planning and construction activities and receive it from them;
      2) to request necessary project and as-built technical documentation for a given construction project, as well as conclusions of the examination of relevant projects from persons carrying out technical and architectural supervision and to receive it from them for information;
      3) is excluded by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication);
      4) is excluded by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication);
      5) to involve independent laboratories for laboratory testing of structures under construction and building materials, products and structures used for checking compliance with project requirements and state (interstate) standards.
      5. In case of revealing violations of state standards and (or) departures from approved projects (design solutions), the state architectural and construction inspectorate issues improvement notices on rectification of committed violations by the customer (developer) and/or the contracting construction and installation organization (enterprise) within the established timeline.
      5-1. Excluded by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).
      6. Items not subject to inspection by State architectural and construction inspectorate:
      1) construction of individual houses and other technically uncomplicated buildings intended for citizens’ personal use, except for construction in zones of increased seismic hazard or with other special geological (hydrogeological) and geotechnical conditions requiring special design solutions and measures for their implementation, the construction of individual houses under construction in the capital of the Republic of Kazakhstan, as well as those built for budget funds;
      2) installation of temporary structures located on their own private land plots or plots of horticultural associations, as well as residential and (or) households for seasonal work and distant pasture cattle breeding;
      3) reconstruction (re-planning, re-equipment) of premises (separate parts) of existing buildings, not related to the change of bearing and enclosing structures, engineering systems and equipment, as well as changes in the functional purpose of the premises.
      7. The head of an authorized body exercising state architectural-and-constructional control and supervision over activities of local executive bodies for architecture, town planning, construction and state architectural and construction control, his/her deputies and full-time employees performing monitoring duties, are Chief State Building Inspector of the Republic of Kazakhstan, Deputy Chief State Building Inspectors of the Republic of Kazakhstan and state building inspectors of the Republic of Kazakhstan, respectively.
      Heads of the bodies of oblasts, cities of republican significance, the capital, executing state architectural-and-constructional control and supervision over the progress and quality of construction of facilities in the entrusted territory, their deputies and full-time employees, whose duties include on-the-spot inspection of construction projects, are chief state building inspectors, deputy chief state building inspectors and state building inspectors of oblasts, cities of republican significance, the capital, respectively.
      The Chief State Building Inspector of the Republic of Kazakhstan and his/her deputies, as well as chief state building inspectors of oblasts, cities of republican significance, the capital are authorized to examine cases on administrative violations and impose administrative penalties.
      Footnote. The article 33 as amended by the Law of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); as amended by Laws of RK N 297 dated 21.07.2007 (shall be effective from the date of its official publication); N 180-IV dated 10.07.2009; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its official publication);  № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its official publication).

Article 34. Designer's supervision

      1. Designer’s supervision is carried out by developers of project (design and estimate) documentation at all construction sites, except for those specified in paragraph 6 of article 33 and paragraph 1 of article 74 of this Law.
      2. Designer’s supervision conducted during the construction of facilities is carried out on the basis of a contract.
      Designer’s supervision is mandatory during the entire period of construction (reconstruction, restoration, expansion, modernization, modernization, overhaul) of facility or conservation of construction of uncompleted facilities using funds provided for in the project (design and estimate) documentation for construction of facilities in accordance with current regulations.
      Upon completion of a construction facility, a person carrying out designer’s supervision issues a statement of the completed work conformity of the executed work conformity to the project to the customer (developer).
      2-1. The developer of a project may delegate execution (performance) of designer’s supervision of construction of facility to:
      1) an expert having a certificate entitling him/her to carry out engineering services in architectural, town planning and construction activities;
      2) the customer for independent selection of a provider of engineering services for the conduct of designer’s supervision, which has an appropriate certificate.
      2-2. Persons conducting designer’s supervision shall have a right to:
      1) free access to a relevant facility under construction;
      2) familiarization with the documentation related to facility under construction;
      3) control over the execution of their instructions entered in the designer’s supervision log;
      4) require from the customer and contractor (general contractor) of strict adherence to the design solutions provided for by the approved project, as well as the requirements of the legislation of the Republic of Kazakhstan and state (interstate) standards;
      5) issue written instructions on mandatory rectification by the contractor (general contractor) of violations of state (interstate) standards and (or) departures from project decisions envisaged in the approved project, which were committed in the course of construction.
      2-3. Persons performing designer’s supervision are obliged to:
      1) ensure exact implementation of design solutions provided for by the approved project in the course of construction;
      2) carry out regular and proper maintenance of the designer’s supervision log;
      3) participate in the preparation and signing of certificates of concealed works and certificates of interim acceptance of critical structures;
      4) timely make decisions on introducing well-reasoned changes to the approved project (design and estimate) documentation in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
      5) inform a customer on the failure to perform or improper performance by the contractor (general contractor) of instructions, as well as to inform relevant subdivision of a state architectural and construction control and supervision body;
      6) fill out annexes to facility acceptance certificate with actual measurements.
      2-4. Persons carrying out designer’s supervision shall bear responsibility established by the laws of the Republic of Kazakhstan for a failure to perform (improper performance of) duties assigned to them or for execution of their activities with violation of the requirements of the laws of the Republic of Kazakhstan.
      3. Excluded by the Law of RK № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its official publication).
      Footnote. The article 34 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 180-IV dated 10.07.2009;  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its official publication).

Article 34-1. Technical supervision

      1. Technical supervision is mandatory for all construction facilities, except for those specified in paragraph 6 of Article 33 and paragraph 1 of Article 74 of this Law.
      Upon completion of construction facility, persons carrying out technical supervision shall issue a conclusion on the quality of construction and installation works to a customer (developer).
      2. Technical supervision is carried out by a customer independently and (or) with involvement of experts having a certificate entitling them to render engineering services in the sphere of architectural, town planning and construction activities for the money envisaged in the design estimates for the construction of facilities in accordance with current standards.
      3. Administrators of budget programs (customers) are entitled to involve experts active on the market with an appropriate certificate for engineering services in the sphere of architectural, town planning and construction activities for technical supervision over the implementation of projects financed from budget funds.
      4. Persons exercising technical supervision shall have a right to:
      1) free access to facility under construction;
      2) familiarization with the documentation related to facility under construction;
      3) require from a contractor (general contractor) to strictly comply with design decisions and calculations provided for by the approved project and also with requirements of organizational and technological documents that determine the technological process of construction and installation works;
      4) issue written instructions on mandatory elimination by a contractor (general contractor) of violations of state (interstate) standards, departures from design decisions envisaged by the approved project, and (or) requirements of organizational and technological documents with a right to suspend construction and installation works to execute instructions within established timeline.
      5. Persons carrying out technical supervision are obliged to:
      1) provide supervision over compliance with requirements of organizational and technological documents that determine the technological process of construction and installation works by the contractor (general contractor);
      2) ensure high-quality execution of construction and installation works;
      3) ensure supervision of compliance with requirements specified in subparagraphs 1), 3), 4), 5) and 6) of paragraph 3 of Article 31-1 of this Law;
      4) carry out regular and proper maintenance of the technical supervision log;
      5) participate in the preparation and signing of hidden works act and certificates of interim acceptance of critical structures;
      6) on a monthly basis, submit a report on the state and progress of the construction of facility to a state architectural and construction control and supervision body;
      7) to inform a customer on a failure to perform or improper performance of instructions by a contractor (general contractor), as well as to inform relevant subdivision of a state architectural and construction control and supervision body;
      8) control the execution of their instructions entered in the log of technical supervision.
      6. A person exercising technical supervision shall be liable under the laws of the Republic of Kazakhstan for a failure to perform (improper performance of) duties or carrying out his/her activities with violation of the requirements of the legislation of the Republic of Kazakhstan.
      7. Technical supervision of technically and technologically complicated facilities of the first and second levels of responsibility shall be performed by accredited legal entities with at least three experts having a certificate for technical supervision at the corresponding level of responsibility.
      Individuals having a certificate of a technical supervision expert carry out activities at facilities of low technology second and third levels of responsibility.
      8. Individuals and accredited legal entities performing technical supervision activities are obliged to have own or leased measuring and control instruments, regulatory documentation and an accredited laboratory (an external one).
      9. Accreditation of legal entities carrying out technical supervision is carried out by the authorized body for architecture, town planning and construction.
      Footnote. The article 34-1 as amended by the Law of RK N 38 dated 12.04.2005; as amended by Laws of RK  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its official publication); № 112-V dated 02.07.2013 (shall be effective upon expiry of ten calendar days after its official publication); № 269-V dated 29.12.2014 (shall be effective from 01.04.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of three months after its first official publication).

Article 34-2. Rights and obligations of a construction customer

      1. Construction customer has the right:
      1) to control the progress and quality of works performed by a contractor (general contractor) and observance of their performance timeline;
      2) reject acceptance of the work from the contractor in case of the work performance with violation of requirements;
      3) to monitor technical supervision activities;
      4) to refuse acceptance of conclusions of technical and designer’s supervision in case of detection of the non-conformities;
      5) to exercise other rights in accordance with the laws of the Republic of Kazakhstan.
      2. Construction project owner is obliged to:
      1) provide a contractor (general contractor) with approved project (design and estimate) documentation prior to the commencement of construction and installation works;
      2) provide facility with all necessary permits envisaged by the legislation of the Republic of Kazakhstan;
      3) ensure technical and designer’s supervision of construction of facility;
      4) take measures against a contractor (general contractor) for a failure to perform or untimely and poor-quality execution of instructions of technical and designer’s supervision;
      5) provide working conditions for technical and designer’s supervision;
      6) ensure fulfillment of instructions given by bodies of state architectural and construction control and supervision;
      7) ensure admission to facility for officials of state architectural and construction control and supervision bodies for monitoring technical supervision activities;
      8) send an approved facility acceptance certificate, declaration of conformity, conclusion on the quality of completed construction and installation works and statement of their conformity with the approved project to state architectural and construction control and supervision bodies with attachment of technical characteristics, within three working days from the date of approval of facility acceptance certificate;
      9) perform other obligations provided for by the laws of the Republic of Kazakhstan.
      Footnote. The chapter 6 is supplemented by the article 34-2 in accordance with the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015); as amended by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its official publication).

Article 34-3. Rights and obligations of a contractor (general contractor)

      1. A contractor (general contractor) has a right to call on the customer to:
      1) provide conditions required for performing works within the framework of a concluded contract;
      2) provide the facility with all necessary permits established by the legislation of the Republic of Kazakhstan.
      2. Contractor (general contractor) is obliged to:
      1) perform construction and installation works in accordance with approved project (design and estimate) documentation submitted by a customer, requirements of the legislation of the Republic of Kazakhstan and regulatory and technical documents;
      2) carry out all types and forms of own quality control of construction production (input, operational, intermediate, acceptance, laboratory, geodetic and other ones);
      3) ensure proper and timely maintenance of as-built technical documentation;
      4) timely eliminate drawbacks (defects and deficiencies) detected in the course of construction;
      5) carry out laboratory quality control of construction and installation works in progress (completed) and building materials, products and structures used at the request of state architectural and construction control and supervision bodies;
      6) ensure access to the site for officials of state architectural-and-construction control and supervision bodies to monitor technical supervision activities;
      7) comply with requirements of bodies of state architectural and construction control and supervision bodies, instructions of persons carrying out technical and designer’s supervision;
      8) prevent obstacles to and interference with the work of state architectural and construction control and supervision bodies;
      9) perform other obligations provided for by the laws of the Republic of Kazakhstan.
      Footnote. The chapter 6 is supplemented by the article 34-3 in accordance with the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.04.2015).

Article 34-4. Technical inspection of the reliability and sustainability of buildings and structures

      1. During the construction of different-purpose facilities, as well as repair of motor roads or constructed facilities, technical inspection of reliability and sustainability of buildings and structures is carried out, where necessary.
      2. Technical inspection of reliability and sustainability of buildings and structures is carried out by a customer with the involvement of experts having an appropriate certificate entitling them to carry out expert works on the basis of a contract.
      3. Administrators of budget programs (customers) have a right to involve accredited legal entities active on the market and employing experts with an appropriate certificate for performing expert works in architectural, town planning and construction activities, to carry out technical inspection of reliability and sustainability of buildings and structures for implementation of projects financed from budget funds.
      4. After inspection of reliability and sustainability of building and structure, persons carrying out technical inspection shall issue to a customer (developer) a statement on the condition of buildings and structures including recommendations.
      5. Technical inspection of reliability and sustainability of buildings and structures shall be carried out by accredited legal entities that employ at least three experts with a certificate for the performance of technical inspection of reliability and sustainability of buildings and structures, as well as one expert with a certificate for appraising town planning, pre-project and design and estimate documentation and specializing in the structural part, and an engineer-geodesist, carrying out activities at facilities of the first and second levels of responsibility.
      Individuals having expert certificate for technical inspection of reliability and sustainability of buildings and structures carry out activities at facilities of the third level of responsibility individually.
      Individuals and accredited legal entities carrying out technical inspection of reliability and sustainability of buildings and structures shall have own or leased administrative and production base, computers equipped with licensed software to perform verification calculations, measuring and control instruments, regulatory documentation and accredited laboratory (involved).
      6. Legal entities carrying out technical inspection of reliability and sustainability of buildings and structures are accredited by an authorized body for architectural, town planning and construction activities.
      7. Technical inspection of reliability and sustainability of buildings and structures is carried out in case of:
      1) detection of defects and damages in critical (bearing) components and joints posing hazard of destruction, nonconformity of quality indicators of building materials in use;
      2) consequences of fires and natural disasters;
      3) issuance of an order by state architectural and construction control and supervision bodies;
      4) changes in approved design decisions related to changes in the structural design of buildings and structures, production technology;
      5) expiration of the period of standard operating life of a building, structure;
      6) deciding on economic feasibility of repair or reconstruction;
      7) an increase in controlled natural and climatic effects (snow, wind impacts);
      8) technical inspections of buildings that come due (regularly) in the course of technical operation of buildings and structures;
      9) conservation or suspension of facility under construction for a time period of more than six months;
      10) modernization, reconstruction, re-equipment, changes in the intended purpose of premises or structure in service.
      8. Persons carrying out technical inspection of reliability and sustainability of buildings and structures are entitled to:
      1) free access to facility under construction or already completed one to do relevant work;
      2) receive from a customer all design and technical and as-built documentation required for performing technical inspection;
      3) perform all the works constituting technical inspection.
      9. Persons carrying out technical inspection of reliability and sustainability of buildings and structures are entitled to:
      1) ensure the performance of inspection in accordance with regulatory documentation, requirements of organizational and technological documents with account of standards for calculating bearing capacity, actual quality indicators of building material and design solutions implemented, taking into consideration discovered defects, changes in design decisions, material applied, which determine technical condition of buildings and structures and of separate structural elements;
      2) ensure good-quality performance of technical inspection works in accordance with regulatory requirements of the type of inspection in action;
      3) involve an accredited testing laboratory (if they have no own accredited laboratory) for technical inspection;
      4) for metrological support, use means of testing, measurement and control, checked in accordance with the established procedure and relevant regulatory and technical documentation;
      5) perform verification calculations based on the actual state of structures and elements of buildings and constructions, taking into account soil conditions at a construction site.
      10. Carrying out technical inspection of reliability and sustainability of buildings and structures of an operating enterprise, experts doing inspection shall be instructed on special safety rules in effect at facility.
      11. An expert performing technical inspection of reliability and sustainability of buildings and structures shall be responsible for the quality of examination s/he is conducting, the correctness of decisions made and the completeness of recommendations developed. Recommendations issued by an expert (accredited organization) shall ensure reliability and sustainability of buildings and structures following their implementation.
      12. All conclusions and prescriptions of experts subsequent to results of technical surveys are mandatory for execution by a customer.
      13. The customer is responsible for reliability of the source data, archival materials submitted to an expert (experts) for technical inspection.
      For a failure to perform (improperly perform) duties or carrying out his/her activities with a breach of the requirements of regulatory acts and legislation of the Republic of Kazakhstan, a person carrying out technical inspection of reliability and sustainability of buildings and structures is liable under the laws of the Republic of Kazakhstan.
      Footnote. The chapter 6 is supplemented by the article 34-4 in accordance with the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of three months after its first official publication); amended by the Law of RK № 487-V dated 07.04.2016 (shall be effective from the date of signing).

Article 35. Officials performing architectural-and-constructional control and supervision

      1. The following persons shall be regarded as officials performing architectural-and-constructional control and supervision:
      1) (excluded)
      1-1) state construction inspectors of an authorized body for architecture, town planning and construction, which performs control over activities of local executive bodies for architecture, town planning, construction and state architectural and construction control;
      1-2) state building inspectors of regions, cities of republican significance, the capital carrying out control over construction of facilities in the entrusted area;
      2) is excluded by the Law of RK № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its official publication);
     
      3) full-time employees of an authorized state body for architecture, town planning and construction and local executive bodies;
      4) is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2016).
      2. State construction inspectors exercising state architectural-and-constructional control and supervision shall be certified in accordance with the procedure established by the Government of the Republic of Kazakhstan.
      3. Duties of officials performing architectural-and-constructional control and supervision are:
      1) identification and analysis of the causes of violations of state standards and requirements (conditions, restrictions) committed by entities of architectural, town planning and construction activities in the Republic of Kazakhstan;
      2) by virtue of their authority, taking enforcement actions aimed at eliminating violations of state standards and requirements (conditions, restrictions) committed by entities of architectural, town planning and construction activities, as well as their consequences;
      3) development of measures to improve the forms and methods of implementing state architectural and construction control and supervision.
      4. The rights of officials exercising architectural-and-constructional control and supervision are established within the limits of powers of relevant bodies of architectural and construction control and supervision, unless otherwise provided for by the legislation of the Republic of Kazakhstan.
      Footnote. The article 35 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 180-IV dated 10.07.2009; № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its official publication); № 542-IV dated 13.01.2012 (shall be effective upon expiry of ten calendar days after its official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2016).

Article 36. Improvement notice of bodies of architectural and construction control and supervision

      1. Bodies of architectural and construction control and supervision shall issue orders to the entities of architectural, town planning and construction activity (responsible persons, representing the entities) depending on established violations or qualifications (inconsistencies) to requirements (conditions, restrictions), provided by the state standards, other compulsory requirements.
      2. The right to sign improvement notices shall subject to the civil servants, carrying out architectural-and-constructional control and supervision, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      3. Improvement notices, issued by the bodies of architectural-construction control and supervision shall be subject to compulsory implementation by all entities of architectural, town-planning and construction activity in the territory of the Republic of Kazakhstan in accordance with the legislation.
      Footnote. The article 36 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its official publication);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication).

section 2. Architecture and town planning Chapter 7. State town-planning cadaster

Article 37. Subject and purpose of the state town-planning cadaster

      1. The state town-planning cadaster shall contain details on previous and current state of territories, buildings and constructions, hardscaping and improvements, as well as town-planning development designing and building of territories and inhabited localities, data of belonging of territories and facilities to the relevant zones, their present and future appointment, ecological, engineering-geological, hydrogeological, geotechnical and seismic situations, engineering support.
      2. Data of the state town-planning cadaster shall be used upon:
      1) development and implementation of town-planning and architectural-construction documentation;
      2) development and change of facilities of real estate properties;
      3) implementation of real estate transactions, its registration;
      4) assessment of investment activity;
      5) issuance of town-planning and architectural and planning assignments;
      6) carrying out of architectural-construction control and supervision, environmental protection.
      3. The state town-planning cadaster shall be used for establishment the sizes of taxes on land and other real property, legal regulation of the use of turnover of immovable property, control of rational use of territories of inhabited localities, observance of town-planning regulations and analysis of projects installation.
      4. The state town-planning cadaster shall divided by levels on:
      1) republican;
      2) oblast;
      3) district region;
      4) base (inhabited localities, including the cities of republican significance and capital).
      Footnote. The article 37 as amended by Laws of RK N 13 dated 20.12.2004 (shall be effective from 01.01.2005); N 116 dated 10.01.2006(for the order of enforcement refer to the art. 2 of the Law N 116); № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its official publication);  № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its official publication).

Article 38. State town-planning cadaster

      1. The state town planning cadaster shall be maintained according to a unified system throughout the Republic of Kazakhstan.
      2. Activities related to the maintenance of the state town planning cadaster are qualified as a state monopoly and carried out by a republican state-owned enterprise on the basis of the right of economic management established by the decision of the Government of the Republic of Kazakhstan.
      Prices for goods (works, services) produced and (or) sold by a state monopoly entity are established by an authorized body for architecture, town planning and construction with the agreement of an antimonopoly body.
      3. Information of the state town planning cadaster is a public information resource.
      4. Informational basis of the state town planning cadaster of an upper level is state town planning cadasters of lower levels.
      Footnote. The article 38 as amended by the Law of RK № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its official publication); as amended by the Law of RK № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its official publication).

Article 39. State town-planning cadaster of a regional (city of republican status, capital) and base level

      Footnote. The article 39 is excluded by the Law of RK № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its official publication);

Article 40. Monitoring of facilities of architectural, town-planning and construction activities and state town-planning cadaster

      1. The state town planning cadaster is maintained according to a unified system throughout the Republic of Kazakhstan for the collection, processing, recording, registration, storage and provision of information on architectural, town planning and construction activities established by an authorized body for architecture, town planning and construction.
      Monitoring of facilities is conducted by the State Town Planning Cadaster.
      2. The sources of initial information (data) for the state town planning cadaster are:
      1) central and local executive bodies, territorial bodies of state property management and privatization, land resources, geodesy and cartography;
      2) registration, technical inventory and real estate appraisal services;
      3) the services of sanitary-epidemiological surveillance, of environmental protection and natural resources;
      4) services for monitoring the protection and use of historical and cultural heritage sites;
      5) data of land, water and other sectoral cadasters, registers, and other data banks.
      Footnote. The article 40 as amended by Laws of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 204 dated 11.12.2006 (shall be effective from the date of its official publication); № 258-IV dated 19.03.2010; № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Chapter 8. Town-planning development designing and building of territories

Article 41. Town-planning regulations

      1. Town-planning regulations of the use of building and constructions, as well as any changes in their state upon maintenance of the state town-planning cadaster shall be specified by types, kinds and characteristics of preferences, prohibitions, restrictions and other regimes, being in force within established period.
      Sources of regulations shall be the town-planning and architectural-construction documentation, approved according to the procedure, established by the legislation.
      2. Classifiers of the state town-planning regulations and their indices shall be established on the republican and local levels in accordance with the legislation of the Republic of Kazakhstan.
      3. A system of the state regulations for the maintenance of the state town-planning cadaster shall provide their following types:
      1) appointment and (or) change of functional use of territory and real property, linked with it, upon carrying out architectural, town-planning and construction activity;
      2) intensity of development and arrangement (building) of territory and inhabited localities;
      3) ensuring a balance of development and arrangement (building) of territory and inhabited localities;
      4) impact of arrangement (building) of territory and inhabited localities on the environment.
      4. Appointment and (or) change of functional use of territory and real property, linked with it, upon carrying out architectural, town-planning and construction activity shall be implemented in the town-planning regulations of the following types:
      1) functional purpose and (or) change of territory;
      2) functional purpose of newly constructed and reconstructed buildings and constructions;
      3) change of functional use of existing buildings and constructions.
      5. Development and arrangement (building) of territories and inhabited localities in consequence of carrying out of architectural, town-planning and construction activity shall be reflected in the town-planning regulations of the following types:
      1) scales of reclaimed territories;
      2) prohibitions, permits and restrictions on certain types of architectural, town-planning and construction activity for this territory;
      3) external forces on the territory in the result of carrying out of architectural, town-planning and construction activity;
      4) regimes of development and changes of territory or real estate properties in the result of carrying out of architectural, town-planning and construction activity;
      5) formation of planning of structure and architectural look of inhabited locality or its part;
      6) formation (improvement) of social, recreational, transport and engineering infrastructure of inhabited locality or its part.
      6. A balance of development of territory and inhabited locality shall be provided by the town-planning regulations of the following types:
      1) resource conditions of development of territories and facilities;
      2) environmental conditions of territories and inhabited localities;
      3) engineering conditions of life support of population.
      7. Impact of arrangement (building) of territories and inhabited localities on the environment shall be regulated by the town-planning regulations of the following types:
      1) arrangement of environmentally and sanitary sensitive installations;
      2) arrangement of facilities, representing man-made hazard;
      3) arrangement of environment of a person relatively to the sources of natural hazards;
      4) sanitary, fire-prevention and other compulsory requirements;
      5) engineering and transport conditions.
      8. Details of town-planning regulations shall subject to inclusion into the state town-planning cadaster.
      Footnote. The article 41 as amended by Laws of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116).
      Article 42. General scheme of territorial planning of the Republic of Kazakhstan
1. The planning of territory and siting of productive forces within its limits shall be carried out in accordance with decisions adopted in the general scheme for territorial planning of the Republic of Kazakhstan.
      2. The general scheme of territorial planning of the Republic of Kazakhstan includes:
      1) basic principles of settlement and deployment of productive forces in compliance with provisions of strategic and economic planning;
      2) main provisions of efficient management of natural resources and economic activities, development of transport, engineering, social and recreational infrastructure of republican significance;
      3) basic measures to improve the environmental situation in regions, to conserve territories with historical and cultural heritage and (or) protected sites and landscapes;
      4) types of use or restrictions on the use of specially protected areas, mineral resource deposits exposed to hazardous (harmful) phenomena and natural and man-made processes or extreme natural and climatic conditions for implementation of architectural and town planning activities;
      5) Is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).
      3. General scheme:
      1) ensures state regulation of the system of settlement and placement of productive forces;
      2) establishes the status, purpose and nature of the use of territories, taking into account the administrative and territorial structure of the Republic of Kazakhstan;
      3) coordinates interregional and inter-branch state interests in socio-economic and economic development through implementation of architectural, town planning and construction activities.
      4. Basic provisions of the general scheme are approved by the Government of the Republic of Kazakhstan.
      5. The procedure for the development and approval of the general scheme shall be established by the Government of the Republic of Kazakhstan.
      Footnote. The article 42 as amended by Laws of RK N 204 dated 11.12.2006 (shall be effective from the date of its official publication); № 124-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its official publication); № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 43. Interregional territorial development schemes

      1. Interregional schemes of territorial planning are developed in conformity with the general scheme of territorial planning of the Republic of Kazakhstan, they serve for mutually agreed (consolidated) architectural, town planning and construction activities in two or more regions (or their parts), agglomerations, as well as socio-economic or ecological districts without regard to the boundaries of administrative-territorial units and determine:
      1) zoning of the planned territory;
      2) town planning development and territorial development;
      3) measures for integrated development of the system of settlement and deployment of productive forces, transport, engineering, social and recreational infrastructures of regional and interregional significance;
      4) measures for efficient management of natural resources, provision of resources, protection of the environment;
      5) Is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).
      2. Interregional schemes of territorial planning are developed at the request of an authorized body for architecture, town planning and construction in cooperation with local executive bodies.
      3. The interregional scheme for territorial planning is approved by the Government of the Republic of Kazakhstan.
      4. Interstate regional planning schemes developed on the basis of international treaties, ratified by their parties and approved by the parties concerned, are the basis for mutually agreed (consolidated) architectural, town planning and construction activities in the regions of the Republic of Kazakhstan and neighboring foreign states.
      Procedure for development, harmonization and approval of interstate schemes for regional development, as well as adoption of measures to support their implementation by the participating states, is established in accordance with international treaties.
      Footnote. The article 43 as amended by Laws of RK № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 44. Complex schemes of town planning of territories

      1. Organization (development, arrangement, building) of territory of separate regions (region or its any part, including agglomeration territories that are not territorially beyond the boundaries of a given region) shall be carried out on the basis of complex scheme of town-planning designing of territory.
      Complex schemes shall be developed in accordance with general scheme of organization of territory of the Republic of Kazakhstan and relevant interregional scheme of territorial development.
      2. Complex schemes of town-planning designing of territory shall determine the purposes of the state town-planning policy in recognition of social and economic, industrial and economic, natural climatic conditions in the territory of this region, its zoning, as well as shall establish the basic directions:
      1) improvement the system of settlement;
      2) development of inhabited localities, industrial, transport, engineering, social and recreational infrastructure;
      3) protection of territories from hazard (harmful) impacts of natural and anthropogenic impacts, man-made, phenomena and processes;
      4) improvement of environmental setting by the town-planning tools and methods;
      5) conservation of historical and cultural heritage and (or) protected sites and landscapes.
      Functional zoning of territories and intensity of their use shall be determined in recognition of restrictions on the use of territories.
      3. Complex schemes shall contain suggestions on establishment of boundaries of inhabited localities in this region, suburban zones, provision of resources for the complex development of territory, including reserved area, as well as proposals for territorial transport planning and road safety management.
      4. Procedure of development and coordination of complex schemes of town-planning designing of territories of regions and measures on their implementation shall be established by the Government of the Republic of Kazakhstan.
      5. Approval of complex schemes of town-planning designing of territories of regions shall be carried out in the manner established by this Law and other legislative acts of the Republic of Kazakhstan.
      Footnote. The article 44 as amended by Laws of RK N 204 dated 11.12.2006 (shall be effective from the date of its official publication); № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 45. Territory of inhabited localities

      1. Territory shall make spatial basis of urban and rural settlements within the boundaries (lines of inhabited locality), established on the surface of the earth and (or) water surface.
      2. Underground and air space within the boundaries (lines) of inhabited locality is under the jurisdiction of local executive bodies, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      3. Regime and procedure of the use of territories of inhabited localities shall be determined in accordance with zoning, established by approved town-planning documentation.

Article 46. Boundary (line) of inhabited localities of the Republic of Kazakhstan

      1. The boundary of an inhabited locality establishes its territory (town planning space) and is set (changed) on the basis of an approved master plan of a given settlement in the order established by legislative acts of the Republic of Kazakhstan.
      2. The composition, content and procedure for the development of draft boundaries (line) of inhabited localities shall be determined in accordance with regulatory legal acts, state standards, other documents of an authorized body for architecture, town planning and construction.
      3. Projects of boundaries (line) of cities and towns can be developed as part of integrated schemes for town planning of a region.
      Projects of boundaries (line) of cities of republican significance, as well as other cities with more than one hundred thousand inhabitants, are coordinated with an authorized body for architecture, town planning and construction.
      4. Projects of boundaries (line) of medium-sized and small towns, urban-type settlements, and rural settlements can be developed and coordinated as part of master plans for these settlements.
      Footnote. The article 46 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 47. Master plans of inhabited localities

      1. Planning and development of the territories of inhabited localities shall be carried out on the basis of master plans approved in accordance with the established procedure.
      2. Master plans for inhabited localities are a key town planning document that determines integrated planning of the development of a city, village, rural settlement or other inhabited locality and is worked out in accordance with the approved general scheme of territorial planning and integrated scheme of town planning of regions.
      Inhabited localities with more than five thousand people shall be provided with current master plans approved in accordance with the established procedure.
      Inhabited localities with up to five thousand people can have an approved scheme of planning and development of this inhabited locality as a basic town planning document (simplified version of a master plan). The composition, content, procedure for the development and approval of schemes for planning and development of small inhabited localities shall be determined by an authorized body for architecture, town planning and construction.
      3. The master plan defines:
      1) main directions of development of the territory of an inhabited locality, including social, recreational, industrial, transport and engineering infrastructure, with account of natural and climatic, current and projected demographic and socio-economic conditions;
      2) functional zoning and restriction on the use of territories of these zones;
      3) the ratio of the built-up and undeveloped territories of an inhabited locality;
      4) preferential buffer zones and zones of land acquisition, reserve territories;
      5) measures to protect a territory from hazardous (harmful) effects of natural and man-made phenomena and processes, improve the environmental situation;
      5-1) main directions for development of the transport section of a master plan, which includes an integrated transport scheme, general scheme of the street-road network and comprehensive scheme for road safety management;
      6) other measures to ensure sustainable development of an inhabited locality.
      4. The master plan for development of an inhabited locality with historical town planning value shall be developed with account of a historical and architectural support plan and along with projects of historical zone development and protection of monuments.
      5. The master plan of an inhabited locality shall be valid until the approval of a new master plan or approval of amendments to a current master plan insofar as it does not contravene the legislation of the Republic of Kazakhstan.
      Footnote. The article 47 as amended by Laws of RK N 204 dated 11.12.2006 (shall be effective from the date of its official publication); by the Constitutional Law № 121-V dated 03.07.2013 (shall be effective upon expiry of ten calendar days after its official publication); № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 47-1. Detailed planning projects

      1. Projects of town-planning development of certain parts of the territories of inhabited localities (detailed planning projects) are developed on the basis of the master plan of an inhabited locality, approved in the prescribed manner.
      2. Projects of detailed planning are developed in accordance with the elements of the planning structure, town planning regulations, and the concept of a single architectural style established in the general plans of inhabited localities.
      The concept of a single architectural style is provided for the capital, cities of republican and oblast significance.
      3. Detailed planning projects establishes:
      1) the main directions of the planning organization of the territory with the definition of functional town planning zoning;
      2) red, yellow lines and building development lines;
      3) reservation of the territory for placement of facilities of social, cultural and public services of population, organization of the street-road network and transport services, the tracing of engineering communications;
      4) street cross-sections;
      5) landscaping and site finishing;
      6) public town restrictions;
      7) engineering communications plan;
      8) road infrastructure development plan;
      9) concept of a single architectural style of a part of the capital's territories, cities of republican and oblast significance.
      4. The approved detailed planning project is valid until its full implementation and no changes and amendments shall be made to it, except for cases caused by the need to adjust the current detailed planning project for the construction of social, cultural and unique facilities at the expense of budget funds.
      Footnote. The article 47-1 as amended by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its official publication).

Article 48. Zoning of territories of inhabited localities

      1. Master plans (schemes of planning and development) of inhabited localities shall provide for zoning of their territories, determine the type of use of a particular territory, individual functional zones, establish restrictions on their use and ensure:
      1) favorable environment for human habitation, life and activities;
      2) prevention of excessive concentration of population and producing units;
      3) protection from environmental pollution, including specially protected natural areas;
      4) protection of territories with a status of facilities of historical and cultural heritage;
      5) protection of a territory from hazardous (harmful) impact of anthropogenic, man-made processes and emergency situations;
      6) reducing the impact of undesirable natural phenomena.
      2. Is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).
      3. Depending on a role in the administrative and territorial structure, socio-economic conditions and industrial and economic specialization in cities and rural settlements, the following types of functional zones may be established:
      1) residential areas;
      2) public (public-business) zones;
      3) recreational areas;
      4) zones of engineering and transport infrastructures;
      5) industrial (production) zones;
      6) zones of agricultural use;
      7) special purpose areas;
      8) zones of regime territories;
      9) suburban areas;
      10) sanitary protection zones;
      11) reserve areas (town planning resources).

      4. Residential, public (social-business), recreational zones, zone of engineering and transport infrastructure shall be within allotted boundaries and improved with account of accessibility for people with disabilities and low mobility.
      Footnote. The article 48 as amended by Laws of RK N 204 dated 11.12.2006 (shall be effective from the date of its official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication); № 433-V dated 03.12.2015 (shall be effective from 01.01.2016).

Article 49. Residential zone

      1. Residential zone of inhabited locality shall be intended for building by multi-compartment buildings (houses) with equipped building surrounding grounds and free-standing residential buildings with garden plots.
      2. Residential zone shall be provided by free standing and (or) the facilities of medical service, social, cultural and educational significance, built in residential building (or adjacent to), facilities of engineering and transport infrastructure.
      2-1. Residential zone shall be provided by parking and parking lots for transport vehicles, required parking area in accordance with the number of apartments, and children's and sports playgrounds.
      3. Arrangement of hotels, ground and underground garages, open parking of motor vehicles, as well as industrial facilities, arrangement and activity of which have an impact on environment, requiring facility of sanitary protection zones shall be allowed in the residential zone.
      4. A territory of horticultural and garden societies, placed within the boundaries (lines) of inhabited locality in particular cases may be referred to the residential zones.
      Footnote. The article 49 as amended by the Law of RK № 195-V dated 17.04.2014 (shall be effective upon expiry of six months after its official publication).

Article 50. Social (social and business) zone

      1. Social (social and business) zone of inhabited locality shall be intended for arrangement of administrative, research and social institutions and their complexes, hotels and hotel complexes, centers of business and financial activity, facilities of culture, education, health care service, sport, commercial activity, trade and public catering, domestic services, open parking transport upon specified facilities, ground and underground garages, other buildings and constructions, not requiring special measures on sanitary and environmental protection.
      2. Residential buildings (houses) may be included in the list of facilities, allowed to the arrangement in the social (social and business) zone.

Article 51. Recreational zone

      1. Recreational zones in the inhabited localities shall be intended for organization and arrangement of resting places of population and include the gardens, forest parks, parks and squares, zoo parks, storages of water, beaches, water parks, facilities of landscape architecture, other places of rest and tourism, as well as buildings and constructions of leisure and (or) health-improvement significance.
      2. Protected natural features, located within the boundaries (lines) of inhabited locality may be included in the recreational zone.
      3. Arrangement (construction) of new and extension of current industrial, communal and storage facilities, buildings and constructions of housing and civil purpose, not directly associated with functioning of recreational zone shall not be allowed in the territory of recreational zone.

Article 52. Zones of engineering and transport infrastructure

      1. Zones of engineering and transport infrastructure of inhabited locality shall be intended for arrangement and functioning of services and constructions of transport and communication, main pipelines, networks of engineering support, technical equipment.
      Its prevention from harmful (hazard) impact shall be provided by observance of necessary discontinuities until residential areas (plots) and facilities of housing and civil purpose, as well as other compulsory requirements and restrictions in accordance with the state standards and rules. Services and constructions, making a direct adverse impact on human health and living environment upon operation shall be arranged outside inhabited localities.
      2. A territory of facilities of engineering and transport infrastructure in the designated boundaries shall be comfortable in recognition of technical and operational characteristics of specified facilities. Obligations on creation of living environment and maintenance of territories shall be assigned to the owners of facilities.

Article 53. Industrial (processing) areas of inhabited locality

      1. Industrial (processing) areas (districts) of inhabited locality shall be intended for arrangement of industrial enterprises and their complexes, other processing, communal and storage facilities, ensuring the functioning of engineering and transport infrastructure. In the particular instances arrangement of domestic premises shall be allowed in the industrial areas for residence of emergency teams of this enterprise.
      2. Placement of industrial (communal, storage) facilities, as well as facilities of engineering and transport infrastructure in the residential areas shall be allowed only in the cases, when their arrangement and functioning shall not present a threat to population, not make a harmful environmental impact and not require facilities of sanitary protection zone. In other cases a sanitary protection zone, separating industrial area from other shall be provided.
      3. Obligations on creation of living environment and maintenance of industrial zone, as well as territories of industrial facilities, located in the residential areas shall be assigned to the owners of facilities.

Article 54. Zones of agricultural use in the inhabited locality

      1. Zones of agricultural use within the boundaries (line) of an inhabited locality are intended for agriculture and can be used until the change in the type of their use in accordance with the approved master plan of an inhabited locality.
      2. In cases where the location and functioning of an agricultural use zone may have an adverse effect on the population or environment, a sanitary protection zone shall be provided.
      3. Obligations for the maintenance of agricultural use zones (and if necessary, land reclamation) are imposed on a land user, unless otherwise provided for by the legislation of the Republic of Kazakhstan.
      Footnote. The article 54 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 55. Zones of special purpose

      1. Arrangement of zone of special purpose, allocated for cemeteries, crematoriums, animal burial sites (biothermal pits), refuse tips of domestic wastes, enterprises on primary trash processing (waste), treatment facilities, other facilities, functioning of which inconsistently with functioning of other zones of inhabited locality shall be allowed within the boundaries (lines) of inhabited locality.
      2. Necessity of facility of sanitary protection zones, separating the specified facilities from residential and recreational areas, facilities of infrastructure of inhabited locality shall be established by the legislation of the Republic of Kazakhstan.
      3. Obligations on maintenance of the zone of special purpose shall be assigned on the owner of enterprise (land-user), unless otherwise provided by the legislation of the Republic of Kazakhstan.
      Footnote. The article 55 as amended by the Law of RK № 165-V dated 17.01.2014 (shall be effective upon expiry of ten calendar days after its official publication).

Article 56. Zones of regime territories

      1. Special zones of regime territories, as well as other territories of special regulation in the inhabited localities or out of their bounds shall be provided for arrangement of military and other facilities, in relation of which a special regime is established.
      A territory, within the inhabited localities and out of their bounds, intended for arrangement of protected facilities shall be the zones of regime territories.
      2. Procedure of use of zones of regime territories shall be established by the Government of the Republic of Kazakhstan in accordance with the state standards, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      Footnote. The article 56 as amended by the Law of RK № 553-IV dated 13.02.2012 (shall be effective upon expiry of ten calendar days after its official publication).

Article 57. Suburban zones

      1. Suburban zones shall include the lands, adjacent to the boundary (line) of city, intended for development of territory of this city, other inhabited localities, including in the suburban zone, as well as exercising of sanitary protection functions, arrangement of resting places of population, horticultural and garden societies.
      2. Establishment of boundaries of suburban zones shall be carried out on the basis of approved town-planning documentation in accordance with this Law and land legislation of the Republic of Kazakhstan.

Article 58. Sanitary protection zone

      1. Appropriate sanitary protection zone shall be provided in the cases, when arrangement and functioning of industrial, communal and storage facilities, as well as facilities of special purpose may constitute a threat to population and (or) make a harmful environmental impact. Parameters and requirements shall be established by the technical regulations on industrial safety of functioning of specified facilities, as well as state standards in sanitary and epidemiological welfare of population and animal life, environmental protection, architecture, town-planning and construction, in the scope of civil protection depending on purpose of sanitary protection zone.
      2. Arrangement (construction) of residential buildings, organizations of education, institutions of health care and leisure, sports and health buildings, including arrangement of horticultural and market-gardening land plots, as well as production of agricultural products shall not be allowed in the sanitary protection zone, depending on its parameters and implements.
      3. Obligations on maintenance of sanitary protection zone shall be assigned to the owners of facilities, for which it is intended.
      Footnote. The article 58 as amended by Laws of RK N 209 dated 29.12.2006 (for the order of enforcement refer to the art. 2); N 180-IV dated 10.07.2009; № 189-V dated 11.04.2014 (shall be effective upon expiry of ten calendar days after its official publication).

Article 59. Reserved areas

      1. Reserved areas shall be the town-planning resources, intended for development of inhabited localities or development (arrangement) of inter settlement territories.
      2. Reserved territories (town-planning resources) shall be determined and approved in the composition of complex schemes of town-planning designing of territories and master plans of inhabited localities and their functional zones.
      3. Territories, determined by the town-planning resources of inhabited locality shall subject to reservation and shall be used only in accordance with their purpose according to development of inhabited localities and their parts.
      4. Reserved territories may be used for purposes of not provided by approved town-planning documentation, if a method and regime of such use shall not prevent to the planned prospective development of inhabited locality or its part.
      5. Use of reserved territories in the boundaries of zones of special town-planning regulation shall be carried out in accordance with regime, established for specified zones.
      6. Temporary use of reserved territories shall be carried out in the manner established by the government of the Republic of Kazakhstan.

Chapter 9. Town-planning and architectural-construction documentation

Article 60. Project (design and estimate) documentation

      1. Construction (reconstruction, restoration, expansion, technical re-equipment, modernization, overhaul) of facilities and their complexes, as well as laying of communications, land use engineering, general improvement and landscaping are carried out in keeping with project (design and estimate) documentation developed in accordance with detailed planning projects, a development project drawn up on the basis of the master plan of an inhabited locality (or a substituting scheme for planning and development of inhabited localities with up to five thousand people) that were approved according to the established procedure.
      In cases specified in paragraph 2 of this article, it is allowed to perform construction either without project (design and estimate) documentation or using simplified rough sketches.
      At facilities of the international specialized exhibition in the Republic of Kazakhstan, concurrent development of pre-project and project (design and estimate) documentation is allowed.
      1-1. In the case of construction (expansion, modernization, technical re-equipment, reconstruction, restoration, overhaul) of facilities and their complexes without project (design and estimate) documentation or using project (design and estimate) documentation, which failed to undergo appraisal in the established manner, construction and installation works are suspended in accordance with the Code on Administrative Offenses of the Republic of Kazakhstan.
      Resumption of construction and installation works is only possible in case of availability of appropriate project (design and estimate) documentation that has passed appraisal in the established manner.
      2. Without project (design and estimate) documentation or rough sketches (sketch designs), a customer (owner) may, as agreed with local executive bodies of a city of republican significance, the capital, districts (of cities of oblast significance):
      1) build individual houses, except for in zones of increased seismic hazard or with other special geological (hydrogeological) and geotechnical conditions, requiring special design solutions and measures for their implementation;
      2) installation of temporary structures located on their own private land plots or plots of horticultural associations, as well as residential and (or) households for seasonal work and distant pasture cattle breeding;
      3) reconstruct (re-plan, re-equip) residential and non-residential premises in residential houses (residential buildings), which does not require an additional land plot (additional allotment of a piece of land), and is not associated with any changes in bearing structures, engineering systems and communications, aesthetic, fire-fighting, anti-explosive and sanitary qualities and not having a harmful effect on the environment during operation;
      4) change other technically non-complex buildings intended for the personal use of citizens.
      Decisions on qualifying as technically uncomplicated changes to premises or buildings specified in subparagraphs 3) and 4) of paragraph 2 of this Article are made by local executive bodies of a city of republican significance, the capital and districts (of cities of oblast significance).
      The erection of household utilities in addition to existing buildings on own private land plots, plots of horticultural associations (partnerships), their general improvement, as well as installation of mobile container and block complexes on these plots, does not require the consent of local bodies for architecture and town planning, if specified facilities do not affect interests of other persons or the state.
      3. Excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).
      4. The procedure for the development, mandatory composition and content of pre-project and project (design and estimate) documentation shall be established by state standards approved by an authorized body for architecture, town planning and construction.
      5. The procedure for approving and amending the approved pre-project and project (design and estimate) documentation is determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.
      6. The rules and order of conducting contract works for implementation of project (design and estimate) documentation are established in accordance with the Civil Code of the Republic of Kazakhstan.
      7. If after its completion, the project (design and estimate) documentation has not been used for construction during three or more years, it is considered obsolete and can be used for implementation only after a new appraisal and re-confirmation in accordance with the procedure established by law.
      Pre-project documentation, on the basis of which no design and estimate documentation was developed and approved within three years after its approval, is considered obsolete and can be used for implementation only after a new appraisal and re-confirmation in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
      7-1. For the purpose of amendment of a project (design and estimate) documentation, the design organization which developed this documentation shall be involved.
      If it is impossible to involve the author of the project (design and estimate) documentation, the design organization is determined according to the procedures established by the legislation of the Republic of Kazakhstan.
      7-2. If, by the decision of the customer, there is a reasonable need to amend the design (design and estimate) documentation approved in accordance with the legislation of the Republic of Kazakhstan, then the amendment of the pre-project documentation (if any) is not required.
      8. The inclusion of pre-project and project (design and estimate) documentation in the national archive fund, title guarantees of the mentioned documents, as well as rights of use and restrictions on their use are established in accordance with the legislation of the Republic of Kazakhstan.
      9. Pre-project and (or) project (design and estimate) documentation prepared by foreign legal entities or individual experts for the development of territories and (or) construction in the Republic of Kazakhstan, except for pre-project and (or) project (design and estimate) documentation for facilities of the international specialized exhibition in the Republic of Kazakhstan, shall be developed on conditions and by stages of pre-project and design works, as well as in the composition and scope of project (design and estimate) documentation envisaged by this Law, government regulations and the design assignment, as well as in compliance with mandatory requirements established by national regulations, including fire and safety requirements, unless otherwise provided for by an international treaty ratified the Republic of Kazakhstan.
      Departure from this rule is allowed:
      1) by the decision of a customer (investor), if a customer (investor) fulfills the whole of mandatory conditions mentioned below:
      compliance with fire and explosion safety standards, reliability of structures, stability of facility operation and labor protection established by the legislation of the Republic of Kazakhstan and state regulatory documents, which shall be confirmed by comprehensive external appraisal of projects;
      provision of suppliers of goods (works and services) with the required information in accordance with the legislation of the Republic of Kazakhstan and government regulatory documents;
      2) in the design, construction, reconstruction, technical re-equipment, expansion of facilities included in the Republican industrialization map.
      Footnote. The article 60 as amended by Laws of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 180-IV dated 10.07.2009; № 36 dated 10.07.2012 (shall be effective upon expiry of ten calendar days after its official publication); № 151-V dated 03.12.2013 (shall be effective upon expiry of ten calendar days after its official publication); № 167-V dated 21.01.2014 (shall be effective upon expiry of ten calendar days after its official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication); № 487-V dated 07.04.2016 (shall be effective from the date of signing); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its official publication); № 202-VІ dated 26.12.2018 (shall be effective from 01.01.2019); № 210-VI dated 28.12.2018 (shall be effective upon expiry of ten calendar days after its official publication).

Article 60-1. Pricing in construction

      1. Regulatory documents on price formation in construction shall ensure:
      1) the planning of costs for the construction of facilities at the expense of public investments and funds of entities of the quasi-public sector;
      2) the reliability of feasibility studies and determining the estimated cost of construction of facilities at the expense of public investments and funds of entities of the quasi-public sector.
      2. Measures for implementation of provisions of regulatory documents on price formation in construction include:
      1) analysis and updating of existing estimate norms with account of the development of economic conditions;
      2) development of estimate norms for new efficient technologies in construction;
      3) updating of the estimate and regulatory framework based on monitoring, processing and analysis of current prices for building materials, products, equipment.
      Footnote. The chapter 9 is supplemented by the article 60-1 in accordance with the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 61. Town-planning projects

      1. Spatial arrangement of settlement and placement of productive forces in the Republic of Kazakhstan and its individual regions, development of inter-settlement territories and their provision with necessary facilities, territorial planning and development of inhabited localities, including areas of their influence, or separate parts of an inhabited locality are carried out in an integrated manner on the basis of town planning projects.
      2. Compliance with town planning decisions established by approved town planning projects is mandatory in working out conditions for competitions (tenders, contract tenders) for design and construction, design assignments (including architectural and planning assignment) and development of architectural and construction projects.
      3. The cost of works performed in the course of a comprehensive town planning appraisal of town planning and development projects of territories by expert commissions for town planning projects approved by the Government of the Republic of Kazakhstan or expert groups for town planning projects approved by maslikhats is determined in accordance with the rules developed and approved by an authorized body for architecture, town planning and construction.
      4. Town planning projects (town planning and development projects of territories) are divided into:
      1) projects for the organization and planning of development of territories of national significance;
      2) projects of town planning development of territories of regional significance;
      3) projects of town planning and development of cities (including their suburban areas or without them) and rural settlements;
      4) projects of urban development of inter-settlement territories for the construction of industrial complexes or other facilities of closed type located outside inhabited localities.
      5. Town planning projects of national significance include:
      1) the general scheme of territorial planning of the Republic of Kazakhstan;
      2) the interregional schemes of territorial development of two or more regions (or their parts), of agglomeration.
      6. Town planning projects of regional significance include:

      1) integrated schemes of town planning of oblasts (regions);
      2) integrated schemes of town planning of districts.
      7. Town planning projects and development of inhabited localities include:

      1) master plans of cities with estimated population of more than one hundred thousand people;
      2) master plans of towns with up to one hundred thousand people;
      3) master plans of rural settlements with more than five thousand people;
      4) master plans of rural settlements with up to five thousand people - planning and development schemes (simplified version of master plans for small settlements);
      5) projects of urban development of certain parts of urban territories (detailed planning projects, industrial zone planning projects and development projects derivative of the current master plan), except for situational plans and master plans of facilities as part of feasibility studies or design estimates, intended for the construction of buildings and structures, their complexes.
      Footnote. The article 61 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its official publication).

Article 62. Architectural project

      1. An architectural project as an independent project for the creation of a structure (monument), and also as part of project (design and estimate) documentation for construction, shall contain architectural, artistic, compositional and space-planning solutions that take into account social, economic, functional, engineering, technical, fire-fighting, anti-explosive, sanitary-hygienic, environmental requirements, as well as energy efficiency requirements and other requirements to an facility to the extent allowing for the development of a construction project or other documentation for construction.
      2. An architectural project is being developed:
      1) on the basis of a design assignment approved by a customer (investor), and materials for selecting a site (route), results of engineering survey findings, technical conditions for engineering support of facility;
      2) in accordance with approved town planning projects and pre-project documentation;
      3) in accordance with an architectural and planning assignment of local bodies of a city of republican significance, the capital, districts (cities of oblast significance);
      4) for facilities of the international specialized exhibition in the Republic of Kazakhstan in accordance with the architectural and planning assignment issued by a legal entity set up by the decision of the Government of the Republic of Kazakhstan and carrying out activities for organizing and holding an international specialized exhibition in the Republic of Kazakhstan.
      At facilities of the international specialized exhibition in the Republic of Kazakhstan, concurrent development of an architectural project and pre-project documentation is allowed.
      3. Compliance with solutions of an architectural project in the development of a construction project is mandatory.
      Changes in architectural projects can be made with the consent of designer (designers) or with his/her (their) participation. In the case of deviations from requirements of an architectural and planning assignment, coordination is required with the body that issued it.
      4. If it is necessary to simplify the development of design documents for the construction (reconstruction, re-planning, re-equipment) of technically non-complex facilities, an architectural project may be executed in the form of a rough sketch (sketch design) in accordance with the architectural and planning assignment.
      Footnote. The article 62 as amended by Laws of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); № 542-IV dated 13.01.2012 (shall be effective upon expiry of six months after its first official publication); № 151-V dated 03.12.2013 (shall be effective upon expiry of ten calendar days after its first official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 122-VI dated 25.12.2017 (shall be effective from 01.01.2018); № 210-VI dated 28.12.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 63. Construction project

      1. Project (design and estimate documentation) for the construction of new buildings and structures, their complexes, engineering and transport communications shall provide town planning substantiation of the location of facility, economic, architectural, spatial-planning, functional, technological, constructive, engineering, environmental, energy-saving and other decisions in the amount required for carrying out the construction and commissioning of the completed construction project.
      Construction projects also include design estimates, based on the results of conducted technical inspection and designed for:
      1) the overhaul of existing facilities or restoration of buildings and structures that do not belong to historical and cultural monuments;
      2) reconstruction, expansion, modernization or technical re-equipment of facilities in operation;
      3) post-utilization of dismantled overaged facilities, except for demolition of dangerous buildings and structures;
      4) conservation (re-opening) of uncompleted facilities, the construction of which was suspended.
      2. Design solutions and indicators of a construction project approved in accordance with the procedure established by law are mandatory in the course of its performance.
      3. The Construction project is being developed:
      1) on the basis of a design assignment approved by a customer, materials for selection and allotment (permission for use) of a land plot (site, route), technical conditions of engineering and utility support of facility, results of engineering survey findings, other source data, including results of pre-project activities of a customer;
      2) in accordance with substantiations for investment in construction (feasibility studies, technical and economic calculations), approved by the legally established procedure, and, if necessary, with the list of building materials, products, structures, engineering equipment and devices agreed on with a contractor;
      3) in accordance with an architectural and planning assignment of local executive bodies of a city of republican significance, the capital, districts (cities of oblast significance);
      4) for facilities of the international specialized exhibition in the Republic of Kazakhstan in accordance with the architectural and planning assignment issued by a legal entity set up by the decision of the Government of the Republic of Kazakhstan and carrying out activities for organizing and holding an international specialized exhibition in the Republic of Kazakhstan.
      At facilities of the international specialized exhibition in the Republic of Kazakhstan, concurrent development of a construction project and pre-project documentation is allowed.
      If town planning and (or) architectural projects are approved, initial documentation for the development of a construction project shall be consistent with solutions specified in them.
      4. In the cases specified in paragraph 4, Article 62 of this Law, a construction project may be a rough sketch (sketch design).
      5. The procedure for amending an approved construction project during construction and installation works shall be established by state building standards and rules for maintaining state, designer’s and technical supervision approved by an authorized body for architecture, town planning and construction in accordance with the procedure established by law.
      Footnote. The article 63 as amended by Laws of RK N 116 dated 10.01.2006 (for the order of enforcement refer to the art. 2 of the Law N 116); N 180-IV dated 10.07.2009; № 542-IV dated 13.01.2012 (shall be effective upon expiry of six months after its first official publication); № 151-V dated 03.12.2013 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 122-VI dated 25.12.2017 (shall be effective from 01.01.2018); № 210-VI dated 28.12.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 64. Design expertise

      Footnote. The article 64 is excluded by the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015).

Chapter 9-1. Appraisal of projects

      Footnote. The section 2 is supplemented by the chapter 9-1 in accordance with the Law of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015).

Article 64-1. Appraisal of projects in construction and town planning of territories

      1. Comprehensive external appraisal of projects in construction of facilities is carried out by expert organizations and experts certified for appropriate sections (parts) of feasibility studies or design estimates.
      Comprehensive town planning appraisal of projects in town planning of territories is carried out by expert commissions or expert groups involving experts certified in relevant sections (parts) of projects. At the same time, experts of design organizations, specialized research institutes may be invited to participate as consultants in comprehensive town planning appraisal.
      Favorable expert opinions shall be the basis for approval of projects under examination.
      2. The following shall be subject to mandatory appraisal:
      1) projects of town planning and development of territories, requiring comprehensive town planning appraisal and subject to approval by the Government of the Republic of Kazakhstan or local representative bodies;
      2) feasibility studies and design estimates for construction of buildings and structures, their complexes, engineering and transport communications financed from or with the involvement of public funds, also without public funds, but envisaging a legally established share of state property in the volume of products or services provided, as well as non-state loans under a state guarantee or state suretyship;
      3) design and estimate documentation intended for the construction of facilities not financed from budget funds and without other forms of public investment, except for projects for the construction of technically simple facilities listed in paragraph 4 of this article.
      3. Excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).
      4. Projects for the construction of technically uncomplicated facilities not financed from budget funds and without other forms of public investment are not subject to compulsory appraisal for the following facilities:
      1) individual residential houses built by persons having licenses, in accordance with an architectural and planning assignment of local executive bodies of cities of republican significance, districts (cities of oblast significance). This requirement does not apply to the construction of individual residential buildings above two floors, located in areas of high seismic risk or with other special geological (hydrogeological) and geotechnical conditions that require special design solutions and measures for their implementation;
      2) temporary structures, residential and domestic premises for seasonal work and distant pasture cattle breeding;
      3) household buildings on individual garden plots, and also on land plots of horticultural associations (partnerships);
      4) general improvement of household and dacha land plots, which does not require the modification of existing engineering networks;
      5) mobile container and block complexes, as well as single-storey buildings (structures) for trading, public catering and consumer services, constructed from collapsible structures and not requiring coordination with sanitary-epidemiological services;
      6) outdoor parking lots for not more than fifty cars, as well as garages with parking space for not more than two cars;
      7) re-planning (re-equipment) of premises for non-production purposes, carried out in existing buildings and not requiring modification of bearing structures;
      8) protection of utility networks from electric corrosion;
      9) overhaul of linear engineering networks and structures on them, which does not require a change in their position, foundation level, diameter of the pipes;
      10) small architectural forms and site fences;
      11) outdoor sports grounds, sidewalks, pavements around buildings (structures);
      12) repair and replacement of units of technological or engineering equipment with exhausted technological resource and not requiring the reconstruction or re-profiling of an enterprise (workshop);
      13) reconstruction (re-planning, re-equipment) of residential and non-residential premises in residential houses (residential buildings), carried out by persons with licenses, which does not require an additional land plot (additional allotment of a piece of land),does not reduce the design strength of structures, does not impair architectural, aesthetic, fire-fighting, anti-explosive and sanitary qualities, does not have a harmful effect on the environment during operation, of which there is an appropriate record of a project author (chief project engineer, chief project architect);
      14) other technically uncomplicated buildings intended for personal use by owners.
      For these projects, a comprehensive external appraisal may be conducted only at the discretion of a customer.
      5. In the case of the second use of approved individual construction projects, as well as adaptation of existing standard projects for large-scale construction, which previously received favorable opinions of sectoral and comprehensive external appraisals, new sectoral appraisals are not required, though comprehensive external appraisals shall be carried out for adaptation of these projects to a specific locality and conditions.
      6. The approval and further implementation of construction projects (feasibility studies or design and estimate documentation) subject to compulsory comprehensive external appraisal is not allowed without its favorable conclusion.
      7. The customer of construction projects (feasibility studies or design and estimate documentation) is also the customer of expert works on this project. In cases stipulated by the legislation of the Republic of Kazakhstan on public procurement, the responsibility of the customer includes organizing and conducting separate tenders for the development and appraisal of construction projects. Separate competitions are held within timeline excluding breaks between the project preparation and its presentation to an expert organization that was determined the winner by this time according to the results of the competition.
      8. The customer of projects subject to comprehensive external appraisal, but not classified as a state monopoly and not being the subject of public procurement, has a right, at his/her discretion, to select any accredited expert organization for conducting appraisal.
      9. Customers are required to submit a complete set of documents for comprehensive external appraisal as provided for by government regulations. The customer is responsible for the reliability of documents submitted for appraisal.
      10. Expert organizations set up expert commissions (expert groups) and also engage specialists (specialized institutes and organizations), including foreign experts, having documents entitling them to engage in expert activities issued by the relevant body of a foreign state.
      Specialists, who directly or indirectly participated in the preparation and (or) development of projects under consideration or who are representatives of design organizations that developed them, shall not be included in expert commissions (expert groups) and shall not be involved in any other form of comprehensive external appraisal of projects.
      11. In cases of violation by one of the parties of a procedure for conducting comprehensive external appraisal of projects or summarizing its results, customers and designers, as well as experts or expert organizations have a right to apply to an authorized body for architecture, town planning and construction providing reasons for this appeal.
      In case of disagreement with the results of comprehensive external appraisal conducted, the customer may appeal against the conclusion of experts in a judicial procedure.
      12. An appraisal is also carried out in case the customer discovers the need to make changes to project (design and estimate) documentation due to a poorly developed project, which was previously approved by an appraisal, and (or) unjustified departures from the approved project found during the construction.
      In this case, the customer sends relevant information to an authorized body for architecture, town planning and construction.
      13. Comprehensive external appraisal of individual construction projects requiring special regulation and (or) town planning regulation, is carried out in accordance with individual plans for the phased development and approval of design and estimate documentation for the construction of certain facilities that require special regulation and (or) town planning regulations.
      The procedure for the development and approval of individual plans for the phased development and approval of design and estimate documentation for the construction of individual facilities requiring special regulation and (or) town planning regulations is governed by rules for conducting comprehensive external appraisal of feasibility studies and design and estimate documentation for the construction of new buildings, as well as changes (reconstruction, expansion, technical re-equipment, modernization and major repairs) of existing buildings, complexes, engineering and transport communications, regardless of funding source.
      Footnote. The article 64-1 as amended by Laws of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 487-V dated 07.04.2016 (shall be effective from the date of signing); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication); № 202-VІ dated 26.12.2018 (shall be effective from 01.01.2019)

Article 64-2. Cost and timeline of conducting comprehensive external appraisal of construction projects

      1. Comprehensive external appraisal of construction projects (feasibility studies and design and estimate documentation) is carried out on the basis of contracts concluded by appraisal’s customers and expert organizations, including expenses in the cost of development of a project in question.
      2. The cost of expert works performed by a state expert organization with the participation of industry appraisals, regardless of the source of funding, is established in accordance with the rules for determining the cost of works on the implementation of comprehensive external appraisal of construction projects, approved by an authorized body for architecture, town planning and construction.
      3. The cost of expert works performed by accredited expert organizations with the participation of industry expert assessments is established in accordance with a contract between a customer and expert organization.
      Under contracts fulfilled within the framework of public procurement, the cost of expert works cannot be lower than the cost established in accordance with rules for determining the cost of works on implementation of comprehensive external appraisal of construction projects approved by an authorized body for architecture, town planning and construction.
      4. The procedure and duration (timeline) of comprehensive external appraisal of the feasibility study of construction, as well as design and estimate documentation for construction are established in the manner determined by an authorized body for architecture, town planning and construction, and are the same for all entities of expert activities in design of construction projects.
      Footnote. The article 64-2 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 64-3. Types of appraisal of projects

      Appraisal of projects is divided into the following types:
      1) project appraisal (comprehensive external appraisal of feasibility studies and design and estimate documentation) intended for construction, carried out by accredited expert organizations or experts having a relevant certificate;
      2) comprehensive external appraisal of construction projects (feasibility studies and design and estimate documentation), classified as a state monopoly;
      3) comprehensive town planning appraisal - mandatory expertise of town planning projects of various levels, carried out by:

      expert commissions set up by an authorized body for architecture, town planning and construction, for projects approved by the Government of the Republic of Kazakhstan;
      expert groups set up by relevant local executive bodies for projects approved by maslikhats;
      4) interstate appraisal of projects of mutual interest for two or more states-parties to relevant international agreements for the design and construction of facilities or town planning for adjacent border areas, carried out by international expert commissions set up by authorized bodies of interested States.
      2. Projects of town planning of territories (town planning projects) of various levels are subject to comprehensive town planning appraisal in the manner established by this Law, as well as state regulations in architecture, town planning and construction. Favorable conclusions of comprehensive town planning appraisal are the basis for approval of town planning projects of an appropriate level and their further implementation.
      3. The procedure for conducting an interstate appraisal of projects affecting interests of two or more countries is established in accordance with an international treaty.

Article 64-4. Expert activity classified as a state monopoly

      Notice of RCLI!
      Point 1 as amended by the Law of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2020).
      1. A comprehensive external appraisal of projects (feasibility studies and design and estimate documentation) is classified as a state monopoly for:
      1) construction of new industrial buildings and structures qualified as potentially hazardous construction projects, as well as new technically and (or) technologically complex facilities, their complexes, engineering and transport communications, regardless of sources of finance;
      2) reconstruction, expansion, modernization, technical re-equipment and major repairs of existing facilities financed from budget funds and other forms of public investment, qualified as:
      potentially dangerous;
      technically and (or) technologically complex ones.
      2. A comprehensive external appraisal related to the state monopoly is carried out by a state expert organization.
      The activities technologically related to the production of goods, works, services include the maintenance of a portal and an information system for organizing a comprehensive external appraisal of construction projects on the principle of "one window".
      3. The requirements of this article do not apply to facilities of the international specialized exhibition in the Republic of Kazakhstan.
      Footnote. The article 64-4 as amended by Laws of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2016); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 487-V dated 07.04.2016 (shall be effective from the date of signing); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication); № 202-VІ dated 26.12.2018 (shall be effective from 01.01.2019).

Article 64-5. Accredited expert organizations

      1. Accredited expert organizations:
      carry out mandatory comprehensive external appraisal of projects (feasibility studies and design and estimate documentation) intended for construction, except for projects specified in paragraph 1 of Article 64-4 of this Law;
      shall be members (associate members) of the chamber from the date of its establishment.
      2. Accredited expert organizations have a right to conduct an appraisal of both the entire set of documents for the project as a whole and of separate sections (parts) of the project with the issuance of local expert opinions in cases where:
      1) is excluded by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication)
      2) the construction of facilities (complexes) is provided for by start-up complexes or by turns;
      2-1) is excluded by the Law of RK № 202-VІ dated 26.12.2018 (shall be effective from 01.01.2019);
      3) the construction of linear structures of engineering or transport infrastructure is divided into separate sections (segments).
      Local conclusions of comprehensive external appraisal of certain sections (parts) of a project are not grounds for approval of design and estimate documentation as a whole, but are used as a part of a consolidated expert opinion. An exception to this requirement is cases, where on the basis of results of a technical survey, it is required to develop only estimate documentation for major repairs in order to restore performance by replacing used elements or engineering systems at a facility.
      3. An accredited expert organization may carry out a comprehensive external appraisal of construction projects that are not subject to mandatory appraisal, if a customer decides so.
      Notice of RCLI!
      Point 4 shall enter into force upon expiry of six months after its first official publication in accordance with the Law of RK № 269-V dated 29.12.2014.
      4. Accredited expert organizations are not entitled to engage in any other activity, except for the expert one, provided for by this Law.
      Footnote. The article 64-5 as amended by Laws of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 122-VI dated 25.12.2017 (shall be effective from 01.01.2018); № 202-VІ dated 26.12.2018 (shall be effective from 01.01.2019).

Article 64-6. Experts in designing construction facilities

      1. To obtain a certificate entitling to engage in expert activities in designing construction facilities, a natural person shall have a higher education in the relevant specialty, at least five years of design experience in the relevant section (part) of feasibility studies or design and estimate documentation for construction of facilities and be certified.
      2. A certified expert, who has not been engaged in practical expert activities for three years, is allowed to carry out expert activities only after re-certification.
      Notice of RCLI!
      The wording of point 3 shall be effective upon expiry of six months after the Law of RK № 269-V dated 29.12.2014 enters into force.
      3. Experts may not carry out expert activities solely, except for cases when they are involved as freelance experts under a contract with another accredited or state expert organization, as well as when performing expert appraisal of certain sections (parts) of a project on the instructions of the management of an expert organization.

Article 64-7. A record of accredited expert organizations and certified experts

      A record of accredited expert organizations and certified experts shall be carried out by maintenance of register.
      Register of accredited expert organizations shall contain collection of information on requisites of legal entities, date of issue and number of accreditation certificate, on existence of accredited experts in the staff, specialized on appraisal of different sections of projects, as well as details on adopted measures of responsibility, established by the Laws of the Republic of Kazakhstan in relation of this legal entity.
      Register of accredited experts shall contain collection of information on personal details of expert, date of issue and number of certificate, on specialization, education and work experience on profession, as well as details on adopted measures of responsibility to the expert, established by the Laws of the Republic of Kazakhstan, as well as on deprivation of certificate with recognition of expert as unconscientious.

Article 64-8. Rights, obligations and responsibility of entities of expert activity

      1. Rights and obligations of expert organizations shall be established by this Law and their charters.
      2. Expert has the right to:
      1) participate in the complex town-planning appraisal on projects of town-planning designing of territories in the composition of expert commissions (expert groups);
      2) request and acquire the necessary materials and information from the customers and developers of section (part) of project in the manner established by the legislation of the Republic of Kazakhstan;
      3) carry out an examination on separate sections (parts) of projects according to the professional specialization, specified in the certificate, make on them the relevant parts of expert conclusion, initiate revocation by expert organization of previously issued conclusions in the cases of non-fulfillment of conditions (requirements), specified in the summaries of revoked expert conclusion by the customer. Local conclusions, made by expert on separate sections (parts) of project shall not be the basis for approval of project (design and estimate) documentation as a whole shall not be used in the content of summary expert conclusion;
      4) engage in pedagogical, scientific and (or) other creative activity.
      3. Expert is prohibited to:
      1) conduct an examination on projects, in participation of which this expert participated directly or indirectly or conducted with participation of husband (wife) and (or) close relatives;
      2) engage in other kinds of enterprise activity, related with architecture, town-planning and construction activity;
      3) be in the labor, financial and (or) other dependent relations with other entities of architecture, town-planning and construction activity.
      4. Expert is obliged to:
      1) be on the staff of one of expert organizations for carrying out of professional activity;
      2) maintain confidentiality and provide official and commercial secret on considered projects, unless otherwise provided by the Laws of the Republic of Kazakhstan;
      3) have a seal with the surname, name, patronymic (in its existence), position, number of certificate and date of its issuance;
      4) systematically improve their professional qualifications;
      5) observe professional ethics.
      5. In the cases of revelation of facts of unsatisfactory conducted examination, the expert organizations and experts shall bear responsibility, established by the Laws of the Republic of Kazakhstan.
      Expert organizations shall bear responsibility in common with relevant developers of projects for substandard projects, presented for approval after conducting of examination.

Article 64-9. Independence of expert activity

      1. Experts are independent from the entities of architecture, town-planning and construction activity in their activity.
      2. Nobody shall have a right to intervene into the work of experts or expert organizations in the course of acceptance of documentation for examination, consideration of projects, preparation and drawing up of expert conclusions on them, unless otherwise provided by the Laws of the Republic of Kazakhstan.
      3. The state bodies and organizations, as well as other entities of architecture, town-planning and construction activity shall bear responsibility, established by the Laws of the Republic of Kazakhstan for intervention into professional activity of experts and expert organizations.

Article 64-10. Requirements to the expert organizations

      1. Expert organizations shall have at least five experts in their composition, certified by specialization, relevant to the basic sections of project.
      2. Expert organizations after their state registration shall be obliged to:
      1) obtain accreditation in accordance with the rules of accreditation of expert organizations;
      2) keep a record of date of acquisition of documents to the examination and date of issuance of expert conclusions within maintenance of record management.

Article 64-11. Professional association of accredited expert organizations

      1. Activities of the chamber are regulated by this Law, the legislation of the Republic of Kazakhstan on non-commercial organizations and by -laws.
      Entry fees are not allowed.
      2. The supreme governing body of the chamber is the general meeting (meeting of representatives) of its members.
      3. The executive body of the chamber is the board elected by the general meeting (meeting of representatives) of its members.
      The board of the chamber also includes at least three representatives of an authorized body for architecture, town planning and construction.
      4. The functions of the chamber include:
      1) representation, protection of rights and legitimate interests of its members at state bodies of the Republic of Kazakhstan, as well as in international organizations;
      2) is excluded by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication);
      3) holding of permanent training courses for experts;
      4) analysis, summary and dissemination of positive experience of experts and expert organizations;
      5) development of a code of ethics for experts and verification of its compliance;
      6) other functions stipulated by its charter.
      5. The chamber shall post information on accredited expert organizations on its Internet resource.
      Footnote. The article 64-11 as amended by the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Section 3. Construction Chapter 10. State regulation of the process of construction

Article 65. Customers and contractors

      1. Key participants of relationships in construction contracted works (including design, survey, expert, research works for construction, production of building materials, products and structures for orders), not related to public procurement, are the customer-investor of a project (program) or his/her authorized representative and contractor (general contractor).
      2. Citizens of the Republic of Kazakhstan, foreigners, stateless persons, domestic and foreign legal entities may act as customers of contractor’s work in construction.
      3. Contractors engaged in contracting in construction may be individuals and legal entities (including joint ventures) licensed to carry out appropriate types of architectural, town planning and (or) construction activities in the Republic of Kazakhstan.
      4. Engineering organizations for project management may be involved in the construction of technically complex facilities, including unique construction projects and large investment projects, by the investor of a project (program).
      The procedure for rendering engineering services for managing a project for the construction of facilities and qualification requirements imposed on organizations providing project management services are established by an authorized body for architecture, town planning and construction.
      Footnote. The article 65 as amended by Laws of RK N 204 dated 11.12.2006 (shall be effective from the date of its official publication); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication);

Article 66. Selection of a contractor

      1. Selection of a contractor by customer (investor or its authorized body) for performing contractor’s works, not referring to the state procurements may be carried out:
      1) without holding of a competition, unless otherwise provided for this project (program) by the legislation of the Republic of Kazakhstan;
      2) on the results of closed or open competition (tender procedure);
      3) with preliminary assessment of entries for participation in competition (tender procedure) or without.
      2. The main participants of competitions (tender procedures) for contractor’s works shall be:
      1) organizer (sponsor) of competitions (tender procedures) represented by customer or its authorized body, being in force on the basis of powers of customer;
      2) the judges of competition (tender commission) – permanent or temporary collegial working body of organizer (sponsor) of competition (tender);
      3) entries – allowed to participation in competition (tender procedure) of person, officially referred to organizer (sponsor) with application on intendment to participate in open competition, as well as a person, accepted an invitation to participate in the closed competition (tender procedure).
      3. At the moment of making decision on holding of competition (tender) at the selection of a contractor, as well as at the beginning of installation of project (program) a customer shall:
      1) have the necessary sources of financing or right for construction to manage of necessary amount in the period of time, required for installation of project (program). This provision shall not be in force in the case of inclusion of requirement on financing of construction by contractor in the conditions of competition (tender);
      2) have the relevant rights to the land plots (area or line of route under construction) or decision of executive body or its provision.
      4. If at the selection of contractor by conditions of competition (tender procedure) is determined that compilation of justification of investments and development of project (design and estimate) documentation is the responsibility of costumer, that at the moment of holding of competition (tender procedure) to contractor’s works a costumer shall be obliged to have justification of investments and project (design and estimate) documentation, undergone the necessary state examination and approved in accordance with established procedure.
      5. The place of organization and holding of open competition (tender procedure) at the selection of contractor shall be the territory of the Republic of Kazakhstan, unless otherwise provided by international treaties, ratified by the Republic of Kazakhstan.
      6. Procedure and conditions of competition (tender procedure) shall be determined by customer or on its instruction by organizer (sponsor) of competition, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.
      7. To participate in competitions (tender procedures) shall not be allowed:
      1) individuals and legal entities, which in the manner established by the legislation is not allowed the maintenance of economic activity in the territory of the Republic of Kazakhstan;
      2) legal entities, adjudicated bankrupt;
      3) persons, being organizers (sponsors) of competition (tender procedure) or members of its judges (tender commission);
      4) not registered in the manner established by the legislation of organization.
      8. Customer or organizer (sponsor) of competition (tender procedure) and judges (tender commission) shall not have a right to request the compulsory presentation of information, being its commercial secret, from entries.
      9. Announcement of held competition (tender procedure) for the contractor’s works as accomplished and approval (recognition) by customer of any of the participants as the winner (winners) shall be the basis for conclusion of an agreement between them for execution of contractor’s works, provided by conditions of competition.
      10. Costumer, organizer (sponsor) of competition (tender procedure) for the contractor’s works and judges of competition (tender commission) for non-fulfilment or improper fulfilment of their obligations shall bear responsibility in accordance with the legislative acts of the Republic of Kazakhstan.
      11. Contractor’s works, not relating to the state procurements shall be executed on the basis of agreement, concluded between the costumer (investor of project or program) and contractor (main contractor), selected by them.
      Types and volumes of works (services), which contractor (main contractor) intends to transfer to execution to the subcontractors shall be specified in the owner-contractor agreement in a mandatory manner. Upon that the transfer to subcontract in the total of more than two-thirds value of all contractor’s works (prices of contract), provided by agreement shall not be allowed.
      12. Obligations and responsibility of customer before the contractor and contractor before the customer shall be established by the owner-contractor agreement, unless otherwise provided by the legislation of the Republic of Kazakhstan.
      13. The owner-contractor agreement establishes warranty periods for the sustainable operation of the construction site after its commissioning, determining the financial responsibility of the contractor.
      Upon indetermination of periods of guarantee, the standard, provided by second part of paragraph 1 of Article 69 of this Law shall be applied by owner-contractor agreement.
      Footnote. The article 66 as amended by Laws of RK  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 202-VІ dated 26.12.2018 (shall be effective from 01.01.2019).

Article 67. Recognition of results of competition (tender procedure) for contractor’s works as invalid

      1. Results (the choice of the winner and other results) of competition (tender procedure) for contractor’s works, held with a breach of procedure and conditions, established for this competition (tender procedure) or not in accordance with the legislation may be appealed by the participant (participants) in a judicial procedure.
      2. Recognition of results of competition (tender procedure) as invalid shall entail cancellation of agreement, concluded between the customer and the winner (winners), and competition (tender procedure) shall be announced as invalid.
      3. A competition (tender procedure), announced as invalid may be held repeatedly in other terms, unless otherwise provided by the legislation of the Republic of Kazakhstan.

Article 68. Basic requirements for the construction process

      1. This article stipulates procedures that shall be performed and requirements that shall be met at relevant stages of the construction process.
      2. A customer, having intention to construct facility, is obliged to obtain a decision of local executive bodies of districts (cities) on granting him/her a relevant right to land in accordance with the land legislation of the Republic of Kazakhstan. If the customer has an appropriate right to land and a functional zone in accordance with the approved detailed planning project for the construction of facility, no additional decision is required from the local executive bodies of the districts (cities).
      Construction and installation work at the facility is allowed only on land that has been granted the corresponding right to land use or the right to private property in accordance with the legislation of the Republic of Kazakhstan.
      3. Excluded by the Law of RK  № 479-V dated 29.03.2016 (shall be effective upon expiry of twenty-one calendar days after its first official publication).
      4. The period of validity of a decision of local executive bodies of districts (cities) on granting a relevant right to land from the date of adoption of the decision prior to the commencement of construction shall be established in accordance with the land legislation of the Republic of Kazakhstan with account of standard length of project design and approval in accordance with the established procedure and shall be indicated in the permit document.
      5. If a favorable decision on granting a relevant right to land is impossible, local executive bodies of districts (cities) are obliged to reply to an applicant (customer) within 10 days from the time of his/her application with a reasoned refusal pointing out to the regulations (provisions, conditions, restrictions, servitudes) of the legislation of the Republic of Kazakhstan, with which his/her intention to implement this construction comes into conflict.
      6. The decision of local executive bodies of districts (cities) on the provision of an appropriate right to land and the architectural planning task are grounds for drawing up a task by the customer for the design of the intended facility.
      The design assignment is made by a customer or his/her authorized person (developer) and approved by the customer.
      The design assignment is an integral part of the contract for execution of an order for the development of pre-project and (or) project (design and estimate) documentation.
      The design assignment shall include the required facility parameters, other source data.
      7. Providers of engineering and municipal services in the district of proposed construction, at the request of local executive body of a region, city of republican significance, the capital, district, city of oblast significance, shall submit, in accordance with the procedure established by an authorized body for architecture, town planning and construction, specifications of connection to the sources of engineering and municipal services in keeping with requested (calculated) parameters required for construction and sustainable operation of an facility to be commissioned in future.
      The specifications issued may be changed within the period of their validity by the consumer’s filing of a written request (application, claim) for new technical specifications.
      Projects of external engineering networks and structures, developed in accordance with the engineering and utility service providers issued by technical conditions and undergoing comprehensive external appraisal, additional coordination with engineering and utility service providers and structural divisions of local executive bodies performing functions in architecture and town planning are not subject.
      8. Suppliers of engineering and utility services for a construction facility are not allowed to set unreasonable requirements for customer’s participation (equity participation) in the expansion (reconstruction, modernization, technical re-equipment) of engineering (municipal) infrastructure facilities, when issuing technical specifications.
      In cases where the existing level of provision of engineering (municipal) infrastructure of a given inhabited locality or district of construction does not allow providing services in keeping with parameters requested by the customer, issues concerning costs associated with the expansion (reconstruction, modernization, technical re-equipment) of infrastructure facilities to cover additional loads of connected subscribers, shall be settled by suppliers (manufacturers) and customer (consumer) on a contractual and returnable basis.
      9. Local executive bodies of a city of republican significance, the capital, district (of a city of oblast significance) give an architectural and planning assignment to a customer on the basis of decision to grant a relevant right to land, an approved assignment of the design of technical specifications for connection to sources of engineering support and utilities and architectural concept of construction facility.
      10. The composition and amount of source materials required for issuing an architectural and planning assignment are established by state regulatory documents.
      In cases where the construction of a new facility or reconstruction (re-planning, re-equipment, modernization, restoration) of an existing facility does not require allotting (additional allotment of a piece of land) of a land plot, and if for these purposes there is no need to connect to sources of engineering support and utilities, a relevant entry is made in the architectural and planning assignment.
      11. The project (design and estimate) documentation developed in accordance with the design assignment, architectural and planning assignment and other source materials are subject to coordination, comprehensive external appraisal and approval in accordance with the requirements established by state regulatory documents.
      Appraisal of the documentation is carried out in accordance with the requirements established by Chapter 9-1 of this Law.
      12. Prior to the commencement of construction and installation works, the customer is obliged to notify bodies carrying out state architectural-and-constructional control of the beginning of performance of construction and installation works using the procedure established by the Law of the Republic of Kazakhstan “On Permits and Notifications”.
      At the same time, the designer has a right to notify of the commencement of construction and installation works to connect technically uncomplicated facilities to power networks.
      13. The construction process is accompanied by architectural and construction control and supervision in accordance with provisions of Chapter 6 of this Law.
      14. The completed construction facility is subject to acceptance in accordance with provisions of Chapter 11 of this Law.
      Constructed facility acceptance certificate, approved in established procedure, is the basis for entering in the information system of the legal cadaster of identification and technical information on buildings, structures and (or) their components about a newly created real estate item, for registration of rights to real estate.
      15. The procedure, terms for executing and issuing documents required for the construction of new facilities and for changing existing facilities are established by rules for construction arrangement and going through licensing procedures in the construction sector.
      Footnote. The article 68 as amended by the Law of RK № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); as amended by Laws of RK  № 479-V dated 29.03.2016 (shall be effective upon expiry of twenty one calendar days after its first official publication); № 49-VI dated 27.02.2017 (shall be effective upon expiry of two months after its first official publication); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 69. Guarantee period of operation of facilities

      1. Guarantee period of operation of construction facilities shall be established in accordance with Civil Code of the Republic of Kazakhstan.
      In all other cases a guarantee period shall be established depending on normative period of commissioning of constructed facility (in accordance with the class of construction solidity in whole or produced separate types of construction installation works) upon conclusion of agreement between the customer and contractor (main contractor) for construction, but may not be less than two years from the date of facility acceptance. This limit of guarantee period shall not be distributed to the temporary structures and constructions of auxiliary support purpose, intended for the personal use of citizens.
      2. Responsibility on detected inconsistencies and violations during established guarantee period shall be imposed on the contractor (main contractor) with obligations on their elimination.
      3. If the inconsistencies and violations, detected during a guarantee period are occurred in the result of defective work of other executors (prospectors, projectors, subcontractors, producers or suppliers of construction materials, products, constructions, facility), the contractor (main contractor) shall have a right to partially shift responsibility to the guilty person.
      4. If the inconsistencies and violations, detected during a guarantee period are occurred by non-implementation of rules of operation and support of facility or circumstances, not depending from entities of construction installation works, the last one shall be excused from responsibility.
      5. The disputes and reciprocal claims on measures and extent of responsibility, related with a guarantee periods of operation of facilities shall be decided in the manner established by the legislation of the Republic of Kazakhstan.

Article 70. Quality in construction

      1. Regulations and provisions, establishing requirements to the entities of architectural, town-planning and construction activity in assurance of proper quality of construction and construction products shall be regulated by the Civil Code of the Republic of Kazakhstan and shall be distributed to all types of dimensional, plate and line capital structures (constructions, building and their complexes, services), including technological and engineering equipment, relating to them, as well as to all types of works (services) on their designing, construction, manufacturing (production) of construction materials, products and constructions, depending on purpose of construction products (facilities).
      2. Safety and quality of construction products (facilities) shall be provided by:
      Notice of RCLI!
      Sub point 1) as amended by the Law of RK № 184-VI dated 05.10.2018 (shall be effective upon expiry of six months after its first official publication).
     
      1) compliance with the safety requirements, established by the technical regulations and effective regulatory documents on standartization for construction products;
      2) licensing of entities of architectural, town-planning and construction activity and attestation of specialists;
      3) examination of justification of investments in construction and project (design and estimate) documentation;
      4) architectural-building inspection and supervision, technical and architectural supervision;
      5) product standardization, used in designing and construction;
      6) attestation and accreditation of test and analytical laboratories, product certification, used in construction, as well as technical assessment of new products, methods of production, harness in construction;
      7) metrological activity in designing and construction;
      8) organization of commissioning and acceptance of completely constructed facilities;
      9) technological advancements and construction technology;
      10) conducting of conditioning of facilities in earthquake-prone regions;
      11) inspection and observance of the state of operated or preserved and other uncompleted construction facilities, intervention in order to ensure of regulatory characteristics.
      3. During the whole period of construction (conservation) and period of service (operation) of facilities assurance of the following basic characteristics of their quality by the owners (customers, possessors, hirers, tenants) is compulsory:
      1) safety during erection and operation, including maintenance of works and support;
      2) compliance with the requirements of protection of labour;
      3) sustainability and reliability of functioning;
      4) compliance with environmental requirements.
      Ensuring the principal characteristics of quality shall be the obligation of all entities, participating in the engineering inspections for capital construction, designing, manufacturing (production) and delivery of construction materials, products and structures, construction, conservation of construction of uncompleted facilities, acceptance, support and operation of facilities, as well as their post-utilization.
      4. The bodies (services, civil servants) of architectural-building inspection and supervision, examinations of projects, standardization and certification of construction products, customers, builders, prospectors, projectors, fabricators (producers) and suppliers of products, used in construction, clerks of works, owners (users, hirers, tenants) of specified products (facilities) shall be the entities, ensuring the quality of construction products (facilities) in accordance with their functions.
      Footnote. The article 70 as amended by Laws of RK № 209 dated 29.12.2006 (for the order of enforcement refer to the art.2); № 213 dated 09.01.2007 (for the order of enforcement refer to the art. 2); № 378-IV dated 06.01.2011 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 71. Obligations of owners in organization of safety and quality characteristics of facilities

      The owners shall be charged with the following obligations, directed to preservation of principal characteristics of facilities, ensuring safety and their appropriate quality upon operation:
      1) perform the works on resetting, strengthening, rebuilding, replanning, re-equipment, reconstruction, expansion, technical re-equipping, embodiment, restoration and post-utilization of facility, as well as change of architectural look and (or) town-planning aspects of facility only in accordance with procedure, established by the legislation, of passing of licensing procedures by construction, sanitary, fire-prevention, blast resistant, ecological and other compulsory regulations and rules;
      2) adoption of measures to prevent the wrecking and (or) destruction of facility by users (hirers, tenants);
      3) organization of performance of set of works on post-utilization of facility.
      Footnote. The article 71 as amended by the Law of RK № 209 dated 29.12.2006 (for the order of enforcement refer to the art.2).

Article 72. Obligations of users in ensuring the quality characteristics of facilities

      Users (hirers, tenants) shall be charged with the following obligations, directed to preservation of principal characteristics of facilities, ensuring their appropriate quality upon operation:
      1) use of facility in whole or its leased part in accordance with rules (procedure, instructions), established by the legislation, on their operation or under the terms of employment agreement (rental);
      2) timely and appropriate performance of works on support and repair, imposed on the user (hirer, tenant) under the terms of employment agreement (rental);
      3) perform the works on resetting, strengthening, rebuilding, replanning, re-equipment, reconstruction, expansion, technical re-equipping, embodiment, restoration as well as change of architectural look and (or) town-planning aspects of facility only with consent of owner and in accordance with construction, sanitary, fire-prevention, blast resistant and other compulsory regulations and rules;
      4) notifying the owner of changes in the characteristics of facilities or technical accidents that occurred during its operation.

Chapter 11. Acceptance of construction facilities

Article 73. General procedure of acceptance and commissioning of facilities

      1. Acceptance of constructed facilities is governed by the Civil Code of the Republic of Kazakhstan and this Law.
      2. Customer carries out acceptance and commissioning of constructed facility, which is fully completed, in accordance with approved project and upon availability of declaration of conformity, conclusion on quality of construction and installation works and statement of conformity of completed work with approved project.
      In this case, the complete readiness of the constructed facility is determined in accordance with rules of the organization of construction and rules of going through licensing procedures in the construction industry.
      In certain cases specified in Article 74 of this Law, constructed facility acceptance is performed by an owner (customer, investor, developer) independently.
      3. Construction participants shall bear responsibility established by laws of the Republic of Kazakhstan for acceptance and commissioning of uncompleted construction facilities.
      4. Constructed facility acceptance is documented by certificate. Constructed facility acceptance certificate is subject to approval.
      Approval of acceptance certificate is made by customer. The date of signing of facility acceptance certificate is the date of its approval and the date of facility commissioning.
      5. Constructed facility acceptance certificate of is signed by customer, contractor (general contractor), persons carrying out technical and designer’s supervision on the basis of declaration of conformity, statement of conformity of completed work with the project and conclusion on quality of construction and installation works.
      In case of facility acceptance with violations and construction defects, participants of facility acceptance shall bear responsibility under the laws of the Republic of Kazakhstan.
      6. Duties of participants engaged in facility acceptance include:
      1) statement and documentation of readiness of completed construction of facility;
      2) assessment of compliance of the completed construction and installation works and the installed technological, engineering or other equipment with project (design and estimate) documentation, regulatory requirements (conditions, restrictions) approved in the established procedure;
      3) statement of whether actions of a contractor comply with regulatory requirements of the approved project, or availability of deviations and their coordination in accordance with the procedure established by state regulations;
      4) establishment of compliance of the capacity (load capacity, throughput capability) of a facility put into service with indicators approved in the project;
      5) evaluation of the progressiveness of architectural and construction, engineering and technological solutions, as well as facility as a whole;
      6) check-out and control testing of assembled technological equipment and engineering systems;
      7) in case of facility's unfitness, submission to the customer of a relevant reasoned conclusion.
      6-1. Facility acceptance certificate is signed after final inspection of facility and its compliance with the requirements stipulated in this chapter.
      7. Commissioning of constructed facility without an approved facility acceptance certificate is not allowed.
      8. Facility acceptance certificate, approved in the established procedure, is the basis for entering in the information system of legal cadaster of identification and technical information on buildings, structures and (or) their components about a newly created real estate item, for registration of rights to real estate with state body providing state registration of rights to immovable property.
      Footnote. The article 73 as amended by the Law of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2016); as amended by Laws of RK № 487-V dated 07.04.2016 (shall enter into force from the date of signing); № 49-VI dated 27.02.2017 (shall be effective upon expiry of two months after its first official publication); от 24.05.2018 № 156-VI (shall be effective upon expiry of ten calendar days after its first official publication).

Article 74. Facilities commissioned by the owners independently

      1. An owner (customer, investor, developer) may independently acceptance technically uncomplicated constructed facilities, namely:
      1) reconstruction through re-planning of premises (separate parts) of existing buildings, not involving the change of bearing and enclosing structures;
      2) temporary structures, including household facilities for seasonal work and distant-pasture cattle breeding;
      3) household facilities on individual household plots, buildings on land plots of horticultural associations (partnerships), amenities in house adjacent areas or on household plots (allotment gardens);
      4) mobile container and block complexes, as well as single-storey buildings (structures) for trading, public catering and consumer services, erected from collapsible structures and not requiring coordination with sanitary-epidemiological services;
      5) outdoor parking lots for not more than fifty cars, as well as garages with parking space for not more than two cars;
      6) construction of free-standing residential buildings, as well as other structures intended for personal use of people;
      7) small architectural forms and site fences;
      8) outdoor sports grounds, sidewalks, pavements around buildings (structures).
      2. The provisions of this article shall not apply, if changes in the premises (separate parts of a building) mentioned in paragraph 1 of this article, as well as construction and operation of above-mentioned technically uncomplicated facilities, infringe rights of other citizens or conflict with the national and (or) public interests.
      3. The provisions of this article also do not apply to facilities:
      1) the construction of which is financed by public investment or with their participation;
      2) construction of free-standing residential buildings higher than two-storey ones located in areas of high seismic hazard or with other special geological (hydrogeological) or geotechnical conditions, requiring special design solutions and activities for their implementation, except for subparagraph 1) of paragraph 1 of this Article.
      4. Acceptance procedure, as well as the form of certificate of owner’s independent acceptance of constructed facility is approved by authorized body for architecture, town planning and construction.
      5. Certificate of owner’s independent acceptance of constructed facility is subject to mandatory registration with local executive bodies performing functions in architecture and town planning.
      Footnote. The article 74 as amended by Laws of RK  № 452-IV dated 05.07.2011 (shall be effective from 13.10.2011);  № 461-IV dated 15.07.2011 (shall be effective upon expiry of six months after its first official publication); № 239-V dated 29.09.2014 (shall be effective upon expiry of ten calendar days after its first official publication);  № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 366-V dated 28.10.2015 (shall be effective upon expiry of ten calendar days after its first official publication); № 487-V dated 07.04.2016 (shall be effective from the date of signing); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 75. Facility acceptance procedure

      1. Facility’s acceptance from a contractor (general contractor) is carried out by customer along with technical and designer’s supervision.
      2. Customer accepts facility after receiving a written notice of its readiness for acceptance from contractor (general contractor).
      3. From the day of receiving the notice of the facility’s readiness from the contractor (general contractor), the customer shall begin requesting the contractor (general contractor) and persons carrying out technical and designer’s supervision to produce a declaration of conformity, conclusion on the quality of construction and installation works and statement of conformity of the completed work with the project.
      The contractor (general contractor) and persons carrying out technical and designer’s supervision shall submit a declaration of conformity, conclusion on the quality of construction and installation works and statement of conformity of the completed work with the project or unfavorable conclusions within three working days upon receipt of the customer’s request.
      The statement of conformity of the completed work with the project issued by the designer’s supervision constitutes a ground for engineering and utility services providers to afford access to services they render in accordance with previous technical specifications issued during the facility’s design, if this does not contradict applicable rules and regulations.
      4. Pursuant to the declaration of conformity, conclusion on the quality of construction and installation works and statement of conformity of the completed work with the project, the customer together with the contractor (general contractor), persons carrying out technical and designer’s supervision, is obliged to check the availability and completeness of as-built technical documentation, carry out a final inspection of facility for readiness for acceptance).
      5. In case of violations of approved design solutions and state (interstate) standards, and if there are unfavorable findings, the customer accepts the facility into operation after the violations elimination by the contractor (general contractor).
      After elimination of detected violations, the facility commissioning is carried out according to procedure established by this article.
      6. Provision of the customer with project (design and estimate) documentation, declaration of conformity, conclusion on the quality of construction and installation works and statement of conformity of the completed work with the project does not relieve contractors for design and construction and installation works, persons carrying out technical and designer’s supervision of responsibility for works performed in the process of design, construction, acceptance and commissioning of facility.
      Footnote. The article 75 as amended by Laws of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2016); № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 75-1. Procedure of keeping and accounting of facility acceptance certificates

      1. State Corporation “Government for Citizens” within one day after receipt of approved facility acceptance certificate from the applicant with attached thereto technical characteristics of facility, declarations of conformity, conclusions on quality of construction and installation works and conformity of completed work to approved project at the same time sends: 
      1) to structural subdivision of relevant local executive body that performs functions in architecture and town planning at the location of facility, approved facility acceptance certificate with the facility technical characteristics attached;
      2) to the bodies of state architectural-and-constructional control at location of facility, approved facility acceptance certificate with attached thereto technical characteristics of facility, declarations of conformity, conclusions on quality of construction and installation works and conformity of completed work to approved project.
      2. Prior to expiration of one working day from the date of receipt of documents from State Corporation "Government to Citizens", local executive bodies carrying out functions in architecture and town planning shall verify that the customer complies with the procedures defined by the rules for organizing development and passing authorization procedures and record acceptance certificate.
      According to the results of verification, if it is established that construction facility fails to comply with the requirements of building organization rules and passes permits within one working day from receipt of documents from the State Corporation "Government for Citizens", the state architectural-and-constructional control authorities and registering authority inform on it in writing.
      If there is no discrepancy, within one working day from the moment of receiving documents from the State Corporation "Government to Citizens", inform the registering authority in writing.
      3. Before expiration of one working day from the moment of receiving documents from the State Corporation "Government for Citizens", bodies of state architectural- and-constructional control shall verify that the customer complies with norms and requirements established by the legislation of the Republic of Kazakhstan on architectural, town-planning and construction activities.
      If violations are detected within one working day from the moment of receiving documents from the State Corporation "Government for Citizens", inform the registering authority in writing and impose penalties in accordance with the legislation of the Republic of Kazakhstan.
      If there is no violations, within one working day from the moment of receiving documents from the State Corporation "Government for Citizens", inform the registering authority in writing.
      4. Responsibility for providing information within the timeline set in paragraphs 2 and 3 of this Article is imposed on officials of local executive bodies performing functions in architecture and town planning and state architectural and construction control, in accordance with the legislation of the Republic of Kazakhstan.
      Footnote. The chapter 11 is supplemented by the article 75-1 in accordance with the Law of RK № 156-VI dated 24.05.2018 (shall be effective upon expiry of ten calendar days after its first official publication).

Article 76. Objects taken into operation by acceptance commissions

      Footnote. The article 76 is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2016).

Article 77. Acceptance and working commissions

      Footnote. The article 77 is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2016).

Article 78. State acceptance commission

      Footnote. The article 78 is excluded by the Law of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2016).

Article 79. Responsibility of participants of acceptance and commissioning of constructed facilities

      Participants of commissioning and acceptance of constructed facilities, including customers (investors, developers), persons carrying out technical and designer’s supervision, contractors responsible for research, design, construction and assembly works, manufacturers and suppliers of building materials, products, structures and equipment, and also services conducting on-the-spot supervision of the construction and installation of equipment, and other participants shall bear responsibility for a threat to the life or health of citizens in keeping with laws of the Republic of Kazakhstan, as well as for damage (harm) to public or private interests arising from violations of or departures from mandatory regulatory requirements (conditions, limitations), and also for a failure to comply with requirements ensuring access to facilities for people with disabilities and limited mobility.
      Footnote. The article 79 as amended by Laws of RK № 269-V dated 29.12.2014 (shall be effective from 01.01.2015); № 433-V dated 03.12.2015 (shall be effective from 01.01.2016).
      President
      of the Republic of Kazakhstan N. NAZARBAYEV

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