On Architectural, Town-planning and Construction Activity in the Republic of Kazakhstan The Law of the Republic of Kazakhstan dated 16 July, 2001 No. 242.

Unofficial translation

      This Law regulates relations, arising between the state bodies, individuals and legal entities in the process of carrying out of architectural, town-planning and construction activity in the Republic of Kazakhstan, and directed to create a full environment and human life, sustainable development of inhabited localities and inter-settlement territories.

Section 1. The state regulation of architectural, town-planning and construction activity

Chapter 1. General provisions

Article 1. Basic definitions used in the Law

      The following basic definitions are used in the Law:

      1) designer’s supervision - author’s competence to oversee:

      the development of a construction project (construction documents) carried out by a designer (designers)of architectural and town planning piece of work;

      the implementation of a construction project by its developers, including a designer (designers)of architectural and town planning piece of work;

      2) living environment - environment, in which people reside. Living environment includes:

      environment - a set of natural and artificial objects, including atmospheric air, the Earth’s ozone layer, surface and ground water, land, subsoil, flora and fauna and also climate in their interaction;

      architectural and landscape environment - space with a set of natural conditions and architectural forms, in which a person undertakes economic activities and performs other functions. As a rule, this is an environment of inhabited localities, which determines living conditions and psychophysical state of people;

      accessible (inclusive) environment - a property of buildings, places of service, places of residence allowing free access to a place and free use of a service, and also having parameters that provide an opportunity to use a service, to reach for a thing;

      internal environment - a set of living conditions in living quarters and working conditions in work (industrial) premises, including social, aesthetic, biological, psychological, physical and chemical factors such as natural radiation, external noise, biotic environment, pollution, humidity, air composition and movement, smells, combustion products, natural and artificial lighting, water purity and others;

      3) objects of special regulation and town planning regulatory action - objects of architectural, town planning and construction activities, the implementation of which is hampered or impossible without introducing special rules (procedures), making exceptions or additions to standard rules (procedures) for the use of land, territory of an inhabited locality, a separate real property item;

      3-1) the register of accredited expert organizations - a unified list of legal entities entitled to conduct comprehensive external appraisal of object construction projects;

      3-2) an accredited expert organization - a legal entity accredited in the manner established by an authorized body for architecture, town planning and construction activities, which carries out a comprehensive external appraisal of object construction projects(feasibility studies and design estimates)that is not classified as a state monopoly by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities;

      4) anthropogenic impacts - positive and adverse effects on nature, environment, inhabited localities caused by various forms of influence of human activities. In case of an adverse effect, it is necessary to take environmental measures;

      4-1) the register of certified experts - a regularly updated unified list of individuals certified by relevant structural subdivisions of local executive bodies and entitled to:

      carry out appraisals of object construction projects (feasibility studies and design estimates), as well as projects for town planning of territories (town planning projects of various levels);

      conduct technical investigation of reliability and stableness of buildings and structures;

      render engineering services on technical supervision on behalf of a customer and designer’s supervision on behalf of project developers;

            5) territorial zoning – in town planning, division of territories into functional zones to specify types of town planning use of individual zones and possible restrictions on their use;

      5-1) territorial transport planning - planning of development of the transport system of a territory, which also includes the planning of siting of infrastructure of all modes of transport and tracing of transport route network;

      6) construction in progress - an object of construction not accepted into service in accordance with a procedure established by a customer and not used for its intended purpose (accommodation, rendering services, production output, receipt of profit and other types of operation);

      6-1) unique object of construction - buildings, structures and their complexes, characterized by special architectural, space planning, constructional, engineering or technological solutions, not previously used individually or in combination, for which no state or interstate technical regulations and regulatory and technical requirements for the design and construction have been established, which determine it necessary to develop, coordinate and approve special technical conditions (special standards) for this object;

      6-2) a single 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 the appearance, architectural style, color scheme, number of storeys, finishing materials. For the individual built-up area, the main parameters are the appearance, architectural style, color scheme, number of storeys, finishing materials, fencing, type of roof and the location of household buildings on the site;

      7) a structure - an artificially created volumetric, planar or linear object (a surface, above-water and (or) underground, underwater one) with natural or artificial spatial boundaries and intended for execution of production processes, placing and storing material values or temporary stay (movement) of people, cargoes and also for placing (laying, wiring) equipment or utilities. A structure can also have an artistic and aesthetic, decorative-applied or memorial purpose;

      7-1) detailed planning project – town-planning documentation developed for individual parts of territories and functional zones of inhabited localities, as well as territories outside of inhabited localities; 

      8) territory of an inhabited locality - an area within established boundaries (line) of an urban or rural settlement;

      9) master plan of an inhabited locality - a town planning project for comprehensive planning of the development and construction of a city, rural settlement, village or other populated point, which establishes zoning, a planning pattern and functional arrangement of its territory, a system of transportation and engineering services, of landscaping and general improvement;

      9-1) an accredited expert organization of a special industrial zone - a management company of a special industrial zone, accredited in accordance with the procedure, established by the authorized body for architecture, urban planning and construction, and carrying out a comprehensive non-departmental examination of projects (feasibility studies and design estimates) intended for construction on territory of a special industrial zone;

      9-2) public places – territories, objects that are accessible or open to the public;

      9-3) green spaces - plantings of trees, shrubs and herbaceous plants that have protective, sanitary, social, aesthetic and other functions in the territories of settlements;

      9-4) local expert evaluation - the conclusion of the examination of projects, 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 examination stage;

      11) a project - a plan of individuals and legal entities to ensure necessary conditions for human life and activities, presented in the form of architectural, town planning and construction documentation (drawings, graphic and text materials, engineering and construction cost estimates), including a feasibility study of construction and (or) design estimates, disclosing the essence of the plan and possibility of its practical implementation;

      12) pre-project documentation - documentation preceding the development of town planning, architectural projects, a construction project and including programs, reports, feasibility studies, technical and economic calculations, results of scientific research and engineering surveys, technological and design calculations, rough sketches, models, measurements and results of object investigations, as well as other source data and materials required for making decisions on the development of project documentation and subsequent implementation of projects;

      13) project documentation shall include:

      projects of landscaping of a territory, its external design, placing and installation (erection) of pieces of monumental or decorative art;

            town planning projects - projects with an idea of comprehensive town planning, organization, development and building of territories and inhabited localities or their parts (general scheme of the territory of the Republic of Kazakhstan, interregional schemes for territorial development, integrated schemes for urban planning of territories, master plans for inhabited localities, detailed planning projects, projects for industrial zone planning, development projects, master plans of objects and complexes, projects of general improvement and landscaping, other planning projects);

            a construction project (building project) - project (design and estimate) documentation containing space-planning, construction, technological, engineering, environmental, economic and other solutions, as well as estimates for organizing and carrying out construction, engineering preparation of an area, general improvement. Construction projects also include projects of conservation of construction in progress and post-utilization of overaged facilities;

      an architectural project with an architectural idea - an independent project for erecting a structure (monument), the design of which requires involvement of an architect, or part of project (design and estimate) documentation, including architectural and artistic, compositional and space-planning solutions of an object that takes into account social, economic, functional, technological, engineering and technical, fire-fighting, anti-explosive, sanitary-hygienic, environmental and other requirements and made to the extent necessary for the development of a construction project or other documentation for the construction of an object;

            14) interstate appraisal of projects - an obligatory form of examination of projects of interest to two or more states that are parties to an international treaty on construction of an object;

      16) projects’ appraisal - an expert activity that consists in conducting analysis and evaluation of projects’ quality by establishing conformity (non-conformity) of design solutions with the terms of primary documents (materials, data) for designing, stipulated by the legislation of the Republic of Kazakhstan, as well as compliance with design solutions and calculations of town planning and technical regulations, standards and provisions of state and interstate regulatory documents. Appraisal is divided into:

      comprehensive external appraisal of object construction projects (including industrial and internal appraisals), conducted on the “one contact” principle for feasibility studies and design estimates intended for the construction of buildings and structures, their complexes, engineering and transport communications;

      comprehensive town planning appraisal of urban planning of territories, conducted on the basis of town planning projects and building in urban and rural settlements, inter-settlement territories, as well as industrial complexes located outside inhabited localities;

      16-1) entities engaged in design appraisal - expert organizations as well as experts, who are either staff members of expert organizations or are temporarily engaged by these organizations as freelance experts for conducting comprehensive external appraisal of a separate section (part) of a project or for participation in the work of expert commissions (groups) for comprehensive town planning appraisal;

      16-2) design appraiser - an individual, who is certified in accordance with a procedure established by the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities for conducting appraisal of certain sections (parts) of projects, and is on staff of an expert organization;

      16-3) project management - activities related to the arrangement, planning, coordination, control over the design, construction and commissioning of objects in accordance with contracts concluded with a customer or investor to achieve the objectives of an investment project within the frames of specified budget and terms;

      18) engineering infrastructure - a set of enterprises (entities), objects (buildings and structures), service lines and networks of engineering utilities, which create normal conditions for people’s life and activities, and also for sustainable operation of production or circulation of goods and services;

      18-2) engineering technician - an individual with either a secondary vocational education or a higher one, who arranges and manages the production process in the field of architecture, town planning and construction;

      19) transport infrastructure - a set of land (motor and (or) rail) roads, water (sea and (or) river) communication routes with a complex of bridge, tunnel and other transport structures, road intersections and overhead crossings, control signal devices, communications, engineering facilities supporting the work of transport, servicing of vehicles, movement of cargo, passengers, ensuring functional activity of production and maintenance personnel, warehouses and territories, sanitary protection areas and protected zones, and also lands, legally assigned to the mentioned communication routes and objects with real estate items on them;

      19-1) street and road network - an object of transport infrastructure that is part of territories of inhabited localities, limited by red lines and intended for the movement of vehicles, bicycles and pedestrians, for streamlining urban development and laying of utilities, as well as ensuring transport, bicycle and pedestrian connections of territories of inhabited localities as part of their communication routes. Main elements of the street-road network are streets, avenues, lanes, thoroughfares, embankments, squares, sidewalks, pedestrian and bicycle paths;

      19-2) protected objects - buildings, constructions and structures intended for the stay of protected persons, as well as adjacent territory and water area. The list of objects protected by the State Security Service of the Republic of Kazakhstan is approved by the Head of the State Security Service of the Republic of Kazakhstan in consultation with the Administration of the President of the Republic of Kazakhstan;

      21) urban zoning - distribution of the territory of an inhabited locality 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 interstate regulatory documents) required for organization of territories, urban development planning and development of territories and inhabited localities, construction (expansion, modernization, technical re-equipment, reconstruction, major repairs, conservation and post-utilization) of objects, as well as organization of construction, engineering preparation of a territory, general improvement, landscaping, external design;

      23) inventory items of a town planning cadaster - elements of the managed and utilized territory of the Republic of Kazakhstan as a whole, of regions, districts, inhabited localities, items of real estate, including all types of volumetric, planar and linear structures;

      24) town planning space – a territory of urban management regulation, in which the material environment of life and activity of a person (of the population of the country, region, inhabited locality, part of an inhabited locality)is formed;

      25) town planning activity (hereinafter – town planning) - an urban development activity in the planning and development of territories and inhabited localities, their territorial transport planning and traffic management, determination of types of town planning use of territories, comprehensive planning of urban and rural settlements, including creative process of urban space formation, creation of a town planning project, coordination of all related sections of town planning documentation;

      26) town planning regulations - provisions, permits, restrictions (including encumbrances, prohibitions and easements) on the utilization of territories (land plots) and other items of real estate, as well as any legislatively permissible changes of their status.

      Town planning regulations are established by town planning and architectural and construction documentation, executed in accordance with national regulations. The validity of town planning regulations is limited to a time period established for them;

      27) territory of town planning regulation - an area within which any architectural, town planning and construction activities are carried out;

      28) potentially hazardous construction objects - hazardous production facilities, which, because of their functional purpose and production processes, pose a threat of man-triggered and (or) environmental disasters harming human health and life, doing irreparable damage, disrupting normal operation of other facilities and requiring special measures to ensure industrial safety during their design, construction and operation;

      29) inter-settlement territories - territories beyond boundaries (line) of inhabited localities;

      30) residential area - part of the territory of an inhabited locality, intended for the arrangement of residential, public (social and business) and recreational zones, as well as separate parts of engineering and transport infrastructures, other objects, the siting and activities of which do not have an effect requiring special sanitary protection zones;

      30-1) state bank of construction projects – electronic archive of feasibility studies, standard designs and design (design and estimate) documentation for the construction of new facilities that have received a positive conclusion from a comprehensive non-departmental expertise;

      30-2) public investments in construction (hereinafter referred to as public investments) - investments in the construction of new buildings and structures, their complexes, engineering and transport communications, as well as reconstruction (expansion, modernization, technical re-equipment) or major repairs of existing objects, the source of which are:

      funds of the republican and (or) local budgets, including targeted funds allocated for budget investments and budget lending to subjects of the quasi-public sector;

      targeted funds of non-state loans under state guarantee or state suretyship;

      funds of the National Fund of the Republic of Kazakhstan;

      funds allocated for the implementation of public-private partnership projects, including concession projects

      31) construction activity (hereinafter referred to as construction) - an activity creating fixed assets for production and non-production purposes through the erection of new and (or) changes (expansion, modernization, technical re-equipment, reconstruction, restoration, major repairs) of existing objects (buildings, structures and their complexes, communications), installation (dismantling) of related technological and engineering equipment, manufacturing (production) of building materials, products and structures, as well as conservation of construction of uncompleted projects and post-utilization of overaged objects;

      31-1) conclusion on the quality of construction and installation works - a document, by which persons, carrying out technical supervision, confirm the quality of completed construction and installation works;

      32) construction and installation works - construction activities that include:

            excavation and special earthwork operations;

      early works related to the demolition of existing buildings and structures, the installation of temporary engineering networks, roads, storage areas, as well as vertical leveling of the territory;

      erection of load-bearing and (or) enclosing constructions of buildings and structures (including bridges, elevated roads, tunnels and subways, overpasses, pipelines, other artificial structures);

      special construction and installation works on laying linear structures;

            installation of external engineering networks and structures as well as of internal engineering systems;

      works on protection and finishing of structures and equipment;

      construction of roads and railways;

      installation of technological equipment, including its assembly and placing in the final position at the site of permanent operation, individual testing, load testing and also dismantling;

      33) construction products - interim and (or) final result of architectural, town planning and (or) construction activities;

      34) quality of construction products (quality of an object) - a set of characteristics (including an aesthetic one) of end construction products made available to consumers, reflecting requirements that aim to ensure interests and safety of owners (users) and society as a whole throughout the entire life of their service (operation, use, application);

      35) construction control lines (building lines)- boundaries of a construction site established during the placing of buildings (structures, constructions) with a setback from red and yellow lines or from the boundary of a land plot;

      35-1) price formation in construction - a mechanism of determining the value of construction products;

      35-2) the Unified State Register of New Technologies in Construction - a list of new efficient technologies of construction operations introduced in the Republic of Kazakhstan by subjects of architectural, town planning and construction activities, for which no standards in the estimate and regulatory framework exist, the list is formed in the manner determined by an authorized body for architecture, town planning and construction activities;

      35-3) estimated cost of construction - money required for the construction of an object, the amount of which is determined on the basis of project materials and an estimate standard base;

      36) red lines - boundaries separating the territory of city blocks, micro-districts, other elements in the planning structure of inhabited localities from streets (minor streets, squares). As a rule, red lines are used to control the boundaries of a development area;

      37) a model - illustrative (visual) material made in a volumetric form in strict accordance with the scale (in detail or conditionally) in order to establish spatial proportionality of territories planned for development, of projected objects, their individual elements, as well as interiors of premises or internal space of structures. Video materials of computer spatial modeling can be used as a mock-up;

      38) state town planning cadaster - a state system of quantitative and qualitative indicators, including town planning regulations, cartographic, statistical and textual information characterizing the territory of town planning, architectural and construction activities according to the socio-legal status of its use, the level of engineering and technical security, parameters and condition of objects located on it, as well as natural and climatic conditions and ecological state;

      39) state standards (state regulatory documents) - a system of regulatory legal acts, town planning and technical regulations, regulatory and technical documents, other mandatory requirements, conditions and restrictions that provide favorable, safe and other necessary conditions for human life and activity;

      39-1) a state expert organization – a legal entity established by the 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 activities related to the state monopoly to conduct a comprehensive non-departmental examination of projects for the construction of facilities (feasibility studies and design estimates), the formation and maintenance of the state bank of construction projects, as well as the provision of feasibility studies, standard projects and design (design and estimate) documentation from the state bank of construction projects;

      40) rough sketch (sketch design) - a simplified form of a design (planning, spatial, architectural, technological, construction, engineering, decorative or other) solution, executed as a scheme, drawing, first draft (pictorial representation) and explaining the idea of this solution;

      41) master plan of an object – part of a project for the construction of an object (building, structure, complex), containing a comprehensive solution to its placing in an area (on site), laying (wiring) of transport communications, engineering networks, engineering preparation of territory, general improvement and landscaping, organization of maintenance and other activities related to the location of a designed object;

      42) post-utilization of an object - a set of operations for dismantlement and demolition of a permanent structure (building, construction, complex) after the termination of its operation (use, application) with simultaneous restoration and secondary use of regenerated elements (structures, materials, equipment), as well as the processing of waste and elements not subject to regeneration;

      43) monitoring of objects - a system of observation of the status of and changes in objects of architectural, town planning and construction activities;

      44) technical complexity of an object - level of responsibility of a construction object by the degree of technical requirements for reliability and strength of foundations and structures established by state and (or) interstate (international) standards depending on the functional purpose of an object, features of its load-bearing and enclosing structures, the number of floors (construction levels), seismic hazard or other special geological, hydrogeological, geotechnical conditions of the site (area) of construction, which are subdivided into:

      the first level of responsibility – high;

      the second level of responsibility - normal;

      the third level of responsibility - low;

      44-1) an act of object’s acceptance into service - a document confirming the completion of the construction of an object in accordance with an approved project and state (interstate) standards and its complete readiness for operation;

      44-3) statement of conformity of the completed work with the project - a document to be drawn up by persons carrying out designer’s supervision to confirm the compliance of the executed work with the approved project (design and estimate) documentation;

      46) conservation of objects under construction - a set of measures to ensure safety and quality characteristics of structures, materials and equipment of an uncompleted construction object for the period of temporary suspension of its construction;

      47) sanitary protection zone - an area separating special-purpose zones, as well as industrial enterprises and other manufacturing, communal and storage facilities in an inhabited locality from neighboring residential areas, buildings and structures for housing and civil purposes in order to mitigate the effect of adverse factors on them;

      47-1) the chamber of expert organizations (hereinafter referred to as the chamber) - a unified non-profit organization created by legal entities (at least three accredited expert organizations) engaged in expert activities in the field of designing of construction projects, except for a state-owned expert organization;

      48) yellow lines - boundaries of maximum permissible zones of possible spreading of debris (failures) of buildings (constructions, structures) as a result of destructive earthquakes, other natural or man-made disasters. Yellow lines, as a rule, are used to regulate spacing between buildings and structures;

      48-1) declaration of conformity - a document, by which a contractor (general contractor) certifies the compliance of the completed work of a completed construction project with the approved project design and requirements of state (interstate) standards;

      49) an architectural and planning assignment - a set of requirements for designation, basic parameters and location of an object on a particular land plot (area, route), as well as mandatory requirements, conditions and restrictions for design and construction, established in accordance with town planning regulations for a certain inhabited locality. At the same time, it is allowed to establish requirements for a color solution and use of materials for finishing facades of buildings (structures), volumetric-spatial solution in accordance with rough sketches (sketch designs) provided by a customer (developer, investor);

      50) engineering services in the area of architectural, town planning and construction activities - a set of services (technical and designer’s supervision, project management) ensuring the preparation and implementation of construction in order to achieve the best possible design targets;

      51) interstate standards (interstate regulatory documents) in the area of architecture, town planning and construction - a system of technical standard documents, rules and other mandatory requirements, conditions and restrictions, including interstate town planning standards, interstate building norms and rules, interstate standards in construction, that are in effect in the Republic of Kazakhstan and the other state (other states) that are parties to international treaties ratified by the Republic of Kazakhstan;

      51-1) expert works - works on the examination of projects and technical investigation of reliability and stableness of buildings and structures;

      52) an authorized body for architecture, town planning and construction - a central governmental authority carrying out management in the area of state administration of architectural, town planning and construction activities;

      53) architectural activity (hereinafter referred to as architecture) is an activity on creation of architectural objects, including the process of creation of the exterior and interior of an object, spatial, composition, volumetric planning and functional arrangement, fixed in the architectural part of design documentation for construction (reconstruction, restoration), execution of designer’s supervision of the project;

      54) architectural objects - a building, structure, monument, a group of buildings and structures, their exteriors and (or) interiors, amenities, elements of landscape or garden art created on the basis of architectural or town planning projects, the development of which requires an architect’s involvement;

      55) a piece of architecture (town planning) - an object of copyright and intellectual property of an author (authors), which is the result of creative process in individuals’ professional activity aimed at creating an architectural object or the formation of urban space, including an author’s idea, fixed in the form of project documentation, separate graphical representation, model or rough sketch, as well as a life-size project(part of a project);

      56) zones (areas) of increased seismic hazard - areas with possible (expectable) seismic impact with the intensity of seven or more points;

      56-1) estimate standards - a pool of resources (labor costs of construction workers, working hours of building machines, needs for materials, products and structures) set for the adopted measure of construction, installation and other works;

      56-2) estimate standard base - a set of estimate standards and estimated prices for materials, products and equipment;

      56-3) customer - an individual or legal entity operating in accordance with the legislation of the Republic of Kazakhstan on architectural, town planning and construction activities. Depending on the purpose of an activity, a customer may be a customer-investor of a project (program), customer (owner), developer or their authorized persons;

      57) man-made impacts - as a rule, undesirable or harmful (dangerous) effects on the population, inhabited localities or inter-settlement areas caused by a person’s economic activity without or with a threat of occurrence of natural and man-made emergencies;

      58) man-made disasters - extreme factors related to economic activity, which have caused:

      industrial, transport and other accidents;

      fires, explosions or explosion threat;

      emissions or threat of release of biologically, chemically hazardous or radioactive substances;

      sudden collapse of buildings or structures, utilities;

      breakthroughs of hydraulic engineering or treatment facilities;

      accidents at electric power and communication systems;

      59) technical supervision - overseeing of construction at all stages of project implementation, including the quality, timing, cost, acceptance of completed work and object’s commissioning;

      60) a building - an artificial structure consisting of load-bearing and enclosing constructions forming a mandatory aboveground closed space and used, depending on its functional purpose, for living or staying of people, for performing production processes, and placing and storing material values. A building may have a substructure;

      61) engineering equipment of buildings (structures) - a complex of engineering systems and technical devices that create standard or comfortable conditions for living (everyday life), labor activity (stay) of people ensuring preservation of material values, as well as engineering support of technological equipment and production processes;

      61-1) technical inspection of reliability and stableness of buildings and structures - a type of expert works that result in finding out the actual state of buildings and structures and their elements, reliability and stableness, the possibility of further operation of buildings and structures, in obtaining a quantitative assessment of actual quality indicators of structures with account of changes occurring in the course of time to decide on the scope and list of works for overhaul, modernization or reconstruction at the site, as well as the change of an intended use;

      61-2) a standard project – design estimates for further multiple use in design, developed within the framework of the budget program of the authorized body for architecture, urban planning and construction;

      61-3) people with limited mobility - the elderly, persons with disabilities, persons with difficulties in independent movement, in receiving services, in information or orientation in space, including those using baby strollers and (or) wheelchairs;

      62) environmental disasters - extreme environmental factors of the natural balance disturbance associated with the change in:

      the state of land (catastrophic subsidence, tectonic faults, griffins, landslides, cavings as a result of the mining of minerals, the presence of heavy metals or other harmful substances in the soil in excess of maximum permissible concentrations, intensive soil degradation, desertification of vast areas due to erosion, salinity or bogging of soils);

      the composition and properties of the atmosphere (sharp climate change as a result of anthropogenic impact, steady excess of the maximum permissible concentrations of harmful impurities and deterioration of air transparency, persistent oxygen deficiency in inhabited localities, formation of an extensive zone of acid precipitation);

      the state of hydrosphere (depletion of water sources or their catastrophic or irreversible pollution, persistent shortage of drinking water, and also water for industrial and domestic needs);

      the state of biosphere (destruction of vegetation in vast areas, extinction of species of animals, plants, dramatic change in the ability of the biosphere to reproduce).

      Environmental disasters also include natural disasters (catastrophic natural phenomena).

Article 2. The legislation of the Republic of Kazakhstan on architectural, town-planning and construction activity

      1. The legislation of architectural, town-planning and construction activity of the Republic of Kazakhstan is based on the constitution of the Republic of Kazakhstan and consist of this Law, the Civil Code and other regulatory legal acts of the Republic of Kazakhstan.

      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by the legislation of the republic of Kazakhstan on architectural, town-planning and construction activity, the rules of international treaty shall be applied.

Article 3. Basic directions of activity in the field of architecture, town-planning and construction

      1. Basic directions of activity in the field of architecture, town-planning and construction shall ensure the state, public and private interests in this scope:

      1) the state interests - societal interests in whole in ensuring conditions of sustained development of regions, cities, rural settlements, villages and other settlements, performance of life support system, transport and engineering services, communication and energy, environmental protection, preservation of objects of historical and cultural heritage;

      2) public interests – interests of population of separate regions, cities, rural settlements, villages and other settlements in ensuring of favorable living (residence) conditions in this territory, environmental improvement, prevention of hazardous (harmful) effects in the result of economic and other activity, infrastructure development of inhabited localities 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 carrying out of architectural, town-planning and construction activity in their land plots.

      In case, if the town-planning and architectural-construction activity of citizens and legal entities creates a nuisance or impossibility of the use, possession or disposition of objects (land plot or other immovable property), belonging to them (used by them), it shall subject to restriction.

      2. Architectural, town-planning and construction activity shall be concluded in:

      1) conducting engineering surveys for construction, use of the National Spatial Data Fund for architectural, urban planning and construction purposes;

      2) preparation of foundations, predictions, documents of the System of the state planning of the Republic of Kazakhstan in the field of architecture, town-planning and construction;

      3) development, examination, agreement and approval according to the established procedure of town-planning, architectural-construction and other project (design and estimate) documentation;

      4) construction of new, as well as expansion, technical re-equipment, modernization, reconstruction, restoration and capital repair of existing objects buildings, constructions, engineering and transportation services;

      5) engineering preparation of the ground, creation of living environment and planting;

      6) conservation of construction of incompleted objects;

      7) performance a set of works of post-utilization of objects;

      8) performance of scientific and research, experimental works and use of their results in the field of architecture, town-planning and construction;

      9) carrying out of town-planning and architectural-construction control and supervision;

      10) involvement and rendering of engineering services;

      11) establishment of requirements, ensuring the safety in the scope of architectural, town-planning and construction activity.

Article 4. Subjects of architectural, town-planning and construction activity

      The subjects of architectural, town-planning and construction activity shall be the state bodies, individuals and legal entities, participating in formation and development of living environment and life activity of person in the territory of the Republic of Kazakhstan.

      Citizens without citizenship, foreigners and foreign legal entities may be vested with right of performance of works (services), relating to the architectural, town-planning and (or) construction activity according to the established procedure in the territory of the Republic of Kazakhstan, unless otherwise provided by the legislative acts of the Republic of Kazakhstan.

Article 5. The objects of architectural, town-planning and construction activity

      The objects of architectural, town-planning and construction activity shall be:

      1) the territory of the Republic of Kazakhstan;

      2) the territory of regions, districts;

      3) the territory of inhabited localities and their parts;

      4) functional areas;

      5) real estate properties, including all types of constructions with technological and engineering equipment, relating to them;

      6) special economic and industrial zones;

      7) immovable monuments of history and culture, nature and urban landscape, the status of which is established by the legislation of the Republic of Kazakhstan.

      The cities as the objects of architectural, town-planning and construction activity shall be subdivided into:

      1) big (with a population of over 500,000 inhabitants);

      2) big (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 50 thousand inhabitants).

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

      1. Objects of architectural, town planning and construction activities of special regulation and town planning regulation are subdivided into:

      1) territorial objects of special regulation and town planning regulation;

      2) inhabited localities of special regulation and town planning regulation;

      3) separate items of real estate that require special regulation and (or) town planning regulation;

      4) certain construction objects requiring special regulation and (or) town planning regulation.

      2. 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 areas;

      3) water protection zones and strips;

      4) territories with objects of historical and cultural heritage and (or) protected unique and rare landscapes;

      5) territories used for health-improvement, spa, recreational and reserve purposes;

      6) suburban areas;

      6-1) territories of agglomeration;

      7) zones of restricted territories and other areas designated by legislative acts of the Republic of Kazakhstan as zones of special regulation.

      3. Inhabited localities with special regulation of architectural, town planning and construction activities and town planning regulation include:

      1) the capital of the Republic of Kazakhstan and cities of republican significance;

      2) towns with over one hundred thousand inhabitants;

      3) resort towns and villages;

      4) inhabited localities, their parts or adjacent territory having historical, cultural value or protected landscape objects, as well as settlements in natural reserves and national parks;

      5) military towns, frontier outposts and settlements in other closed objects;

      6) inhabited localities in areas with special (extreme) natural and climatic, geotechnical or hydrogeological conditions, as well as in zones of ecological and man-triggered disasters or exposed to other adverse events and processes.

      4. Items of real estate with special regulation of architectural, town planning and construction activities and town planning regulation include:

      1) monuments of history and culture and their ensembles;

      2) objects of the state natural reserve fund;

      3) facilities required to accomplish special national or economic tasks, including objects known to pose danger to human life and health or the environment;

      4) buildings and structures for residence, stay and work of persons with disabilities.

      4-1. Individual objects of construction requiring special regulation and (or) town planning regulation are specified by the Government of the Republic of Kazakhstan at suggestions of an authorized body for architecture, town planning and construction.

      For each construction object requiring special regulation and (or) town planning regulation, an individual plan is approved for the phased development and coordination of design estimates for the construction of individual objects requiring special regulation and (or) town planning regulation.

      5. The special regulation regime is established by this Law and other legislative acts of the Republic of Kazakhstan.

Chapter 2. Providing positive living environment and life activity upon carrying out of architectural, town-planning and construction activity

Article 7. Rights of citizens to a favorable environment in inhabited localities

      Citizens as consumers of results of architectural, town planning and construction activities have a right to:

      1) to the environment favorable in respect of the given area, also accessible to persons with disabilities and other low-mobility population groups within the territory of the populated locality (settlement) in accordance with the state urban planning policy in terms of resettlement and placement of productive forces, with urban planning requirements to the zoning of territories, the norms of environmental and sanitary-hygienic safety and the infrastructure provision level of the given area;

      2) rest through allocating (allotting) recreational areas intended for these purposes and having most favorable natural and climatic conditions and landscape, proper medical and sanitary conditions, leisure facilities, including educational, mass cultural, sporting, wellness and entertainment events, an opportunity to arrange dacha, garden and vegetable plots.

      When choosing an area intended for people’s recreation, it is necessary to take into account the presence of objects classified as protected landscape objects and (or) historical and cultural values.

Article 8. Ensuring security from natural and man-triggered, human impacts

      1. Carrying out of architectural, town-planning and construction activity shall issue from the conditions of ensuring of requirements, established by the legislation, on security of population, territories and inhabited localities from impact of hazardous (harmful) natural and man-triggered, anthropogenic events and processes.

      Measures on carrying out of these requirements shall be taken into account in project documentation, regulating by the state standards.

      2. The state standards (state regulatory documents) shall provide obligation of inclusion the sections on measures of protection of population, inhabited localities and inter-settlement territories from hazardous (harmful) impacts in the result of emergency situations of natural and man-triggered character to the town-planning and architectural-construction documentation.

      3. Inhabited localities and territories, exposed with hazardous (harmful) impacts in the result of emergency situations of natural character, as well as foreseeable emergency situations of man-triggered character shall be provided by the complex project documentation on security of population and territories from specified impacts.

      4. In the inhabited localities, exposed by impacts of natural, man-triggered, anthropogenic character, the results of monitoring of occurred hazardous (harmful) events and processes shall be taken into account in the state town-planning cadaster on a basis level.

Article 9. Requirements for ecological safety and environmental protection

      1. Architectural, town planning and construction activities should be carried out with account of assessment of their environmental impact in accordance with the classification of objects, established by the Environmental Code of the Republic of Kazakhstan, and envisage measures on efficient management of natural resources, provision of ecological safety and environmental protection.

      These measures are provided for and implemented in accordance with standards and (or) the maximum permissible level (load) for this type of impact, established by the legislation.

      2. The list of town planning and architectural and construction documentation includes sections (parts) of projects on environmental protection and efficient management of natural resources.

      The fulfillment of requirements (conditions, restrictions) of duly approved project documentation on efficient management of natural resources, ecological safety and environmental protection is mandatory for all subjects of architectural, town planning and construction activities that implement projects.

      Territories with industrial centers or individual production complexes, which are declared zones of ecological disaster, should be provided with comprehensive project documentation on protection of the population and environment.

      3. Integrated schemes for urban development of territories, interregional schemes for territorial development should provide for measures of environmental protection and management, as well as rehabilitation of zones of environmental disasters and emergencies.

      Draft master plans of inhabited localities, detailed planning projects and other town planning documentation should contain information on water protection areas and strips, specially protected natural areas in the territory planned for development and should state the presence of project approvals by relevant authorized bodies in the manner established by the legislation of the Republic of Kazakhstan.

      If there are no existing projects of water protection areas and strips for the territory planned for development, a design assignment for the development of these town planning projects shall provide for a mandatory special section replacing the missing documentation on water security.

      4. If there is a threat to the life and health of a person, which arose earlier or is expected (predicted) as a result of pollution of a territory and (or) an object with harmful chemical and biological substances in excess of maximum permissible concentration, radioactive substances above the maximum permissible levels, the town planning documentation shall contain special sections (parts) of the project, providing for measures to destroy (withdraw) such sources, conserve contaminated areas (objects) and carry out a set of measures for their rehabilitation, as well as the possibility of introducing by the Government of the Republic of Kazakhstan of a special regime for the use of a territory or object (objects), including temporary residence of citizens (population) in a contamination zone.

Article 9-1. Requirements on ensuring safety of road traffic

      1. Carrying out of architectural, town-planning and construction activity shall proceed from the conditions of ensuring of requirements, established by the legislation of the Republic of Kazakhstan on territorial transport planning and organization of road traffic.

      Measures on implementation of these requirements shall reflect in the project documentation on territorial transport planning and traffic management.

      2. The sections (parts) of projects on territorial transport planning and traffic management shall be included in the composition of town-planning and architectural and engineering documentation.

      Carrying out of requirements (conditions, restrictions) of project documentation on territorial transport planning and traffic management approved in the established procedure is obligatory for all subjects of architectural, town-planning and construction activity, carrying out projects implementation.

      3. Inhabited localities and territories shall be provided by the complex project documentation on territorial transport planning and traffic management.

      4. The results of monitoring of road traffic accidents and traffic capability and streets in the inhabited localities shall be reflected in the state town-planning cadaster on the base level.

      5. The sections (parts) of projects on territorial transport planning and traffic management shall contain he following types of documents:

      1) supporting materials for development of transport sections of compatible circuits, general plans (conceptual suggestion on organization of road traffic, integrated transport schemes, investigations and forecasts) – perform investigation of work of transport system, centers and reasons of road traffic accidents, an assessment of previously developed project decisions on expected level of accidents, make out proposals on reducing of road traffic accidents at the expense of redistribution of traffic load, reclassification of street and road network, restrictions of road traffic;

      2) integrated transport scheme – performs distribution of volumes of transport work between the individual and public transport, offers comprehensive solutions for the development of the street and road networks and public transport networks, networks of off-street high-speed traffic;

      3) master plan of street and road network – determines financial and economic aspect of implementation of tasks of development of effective and safe street and road network in accordance with the documents of territorial planning (schemes of territorial planning and master plans);

      4) organization project of street and road network – implements the given structure of trunk street and road network, determines location of streets, roads and node elements, cross and longitudinal profiles, schemes of road traffic in the units with condition of ensuring requirements on traffic safety;

      5) development plan of roads – determines location of basic elements of streets and roads within the tap-offs (red lines), reserved areas in recognition of requirements of road safety;

      6) complex scheme of traffic management – determines the system of traffic management within adopted project of organization of street and road network and adopted projects of planning of streets in the agreement with movement of public transport.

      6. Territorial transport planning and organization of road traffic shall be carried out in three stages:

      in the early stages investigations of current transport situation are conducted, forecasts of changes of transport situation in the long-term perspective are executed, possibilities of development of transport frame of territory are estimated and conceptual proposals for traffic management in the long term perspective distinguishing of the first stage are formed. Complex transport schemes shall be developed for the cities with population more than one thousand people, other cities with complex transport situation;

      in a second stage the results of investigations, conceptual proposals and complex transport schemes shall be formed in the form of supporting materials and considered within development of schemes of land-use planning of territory of the Republic of Kazakhstan and separate regions (oblast or any part), master plans of inhabited localities. The result of development of specified documents shall be the master plans of traffic management in the agreement with other materials of schemes of territorial planning and master plans;

      in the third stage the complex schemes of traffic management shall be developed on the basis of master plans of traffic management.

      7. Project of organization of street and road network shall be connecting link between master plan (document of territorial planning), project of planning of roads and complex scheme of traffic management.

      8. Project of planning of roads shall be the basis for the development of the project of traffic management in the separate units.

      9. Planning of roads in the territory of the Republic of Kazakhstan shall meet the following compulsory requirements of ensuring:

      the necessary traffic capability in recognition of prospects for increasing the density of road traffic;

      the roads with intelligent transportation systems;

      unobstructed and safety traffic public transport, as well as by assignment them the separate traffic lanes;

      unobstructed and safety movement of bicycles, as well as by assignment them the separate bicycle lanes or bicycle lanes;

      road equipment with route medical and rescue points;

      pedestrian crossing.

Article 10. Requirements on preservation of objects of historical-cultural heritage and landscapes

      1. Carrying out of architectural, town-planning and construction activity shall issue from conditions of preservation of territories and objects, recognized by the monuments of history and culture and protected landscape objects according to the procedure established by the legislation.

      2. The boundaries of special regulation, within of which an architectural, town-planning and construction activity are prohibited shall be established in the territories, having the monuments of history and culture, protected by the natural objects.

      3. Procedure of the use of lands within the boundaries of specified zones shall be regulated by the legislation of the Republic of Kazakhstan.

Article 11. Provision of inhabited localities with infrastructure facilities and creation of conditions for their accessibility

      1. Town planning documentation for planning and developing an inhabited locality or part of it (town planning projects) shall determine the composition and structure of social, industrial, recreational, engineering and transport infrastructure, and also provide for:

      1) general improvement, landscaping, work on the development of a site and necessary servitudes with account of the type (role) of a settlement;

      2) comprehensive development of the territory;

      3) consideration of interests of various social, demographic and occupational groups of the population;

      4) compliance with regulatory requirements (restrictions, conditions);

      5) development of a competitive environment in the service sector.

      2. The populated localities shall be provided with optimal conditions and means of access for all the population categories (including persons with disabilities and other people with limited mobility) to workplaces, public places, facilities (structures, communications) of social, recreational, engineering and transport infrastructure in accordance with the type of settlement and the conditions of the area.

      3. Urban planning documentation for the populated localities shall contain sections on creating conditions for meeting the needs of persons with disabilities and other low-mobility population groups in social and recreational infrastructure facilities.

      4. It is not allowed to change the designation of public service facilities, if it entails a lower level of service established by state standards.

      5. A unified system of transport communications and a street and road network shall be provided for in town planning documentation, design and development of inhabited localities, which is interlinked with the planning structure of an inhabited locality and provides communication with all its functional areas (including suburban areas) and long-distance transport facilities.

      6. Project documentation on the management (construction, development) of inter-settlement territories for the purpose of carrying out subsequent economic and (or) other activities related to the stay of people, shall provide for a sustainable and accessible life support system in this area, including the construction of infrastructure facilities.

      7. In the course of project documentation development, construction, operation and post-utilization of main communications, head facilities of engineering infrastructure, as well as during engineering preparation of an area, decisions shall be made with account of interests of adjacent territories and exclude possible impact of hazardous (harmful) phenomena and processes on the territory and population.

      8. 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 (associated with the development) of the life support system and improvement of inhabited localities.

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

      The use by landowners or land users of land plots for their development (including the laying of communications, engineering preparation of the territory, general improvement, landscaping and other types of site development) can only be carried out in accordance with the project documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan and with observance of a special purpose or easement, territory zoning, red lines and lines of building regulation, rules for organizing development and passing licensing procedures in the field of construction and operation, as well as in compliance with the prohibitions established on the territory of the restricted zone and the restricted area at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations.

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

      1. Individuals and legal entities of the Republic of Kazakhstan shall have a right for the full, temporary and reliable information on the state of living environment and life activity, its supposed changes, planned architectural, town-planning and construction activity, except for the information of restricted access in the legislative procedure or relating to the state secrets.

      2. Information sharing of individuals and legal entities on the state of their living environment and life activity, as well as on intendments of building (replanning) of territory shall be carried out by the local executive bodies of districts (cities) through the mass media or by conducting of public discussions, expositions and exhibitions.

      3. Before approval of town-planning and architectural-construction documentation, individuals and legal entities shall have a right to participate in discussions, make proposals on change of accepted decisions, affected the social or private interests.

      4. In case of release of unreliable information by state bodies (refusal to issue the requested information that does not belong to the category of restricted access) about the objects being designed, the state of the environment and life activity and the proposed changes in it that do not comply with state standards or approved urban planning documentation, as well as directly affecting public and private interests, individuals and legal entities shall have the right to apply to the court in accordance with the procedure established by the laws of the Republic of Kazakhstan.

      5. Participation of individuals and legal entities in discussions upon adoption of town-planning, architectural or construction decisions may be expressed in the form of:

      1) direct participation;

      2) representation;

      3) other form, not prohibited by the legislation.

      6. If architectural, town-planning and (or) construction activity affects the interests of citizens, public associations and legal entities in this territory, they shall have a right to:

      1) revocation of a decision in administrative and legal procedure on arrangement, designing, construction (reconstruction) or setting into operation of objects, carried out with violation of the legislation or state standards;

      2) introduction of restrictions, suspension or termination of activity in administrative and legal procedure, carried out with violation of the legislation or state standards;

      3) to appeal in accordance with the procedure established by the laws of the Republic of Kazakhstan, actions (inaction) of local executive bodies of regions (cities of republican significance, the capital), districts (cities of regional significance), as well as conclusions of the examination of projects;

      4) bring a compensatory action in a court, caused to the health of citizens and (or) property in connection with committed violations of legislation or state standards by the subjects or civil servants;

      5) apply for other facts of violations of the legislation and state standards in the scope of architectural, town-planning and construction activity according to the procedure, established by the legislation.

Chapter 3. Rights, obligations and responsibility of subjects of architectural, town-planning and construction activity

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

      Subjects of architectural, town planning and construction activities have a right, in accordance with the procedure established by the legislation,:

      1) to request and receive information (facts, data, source materials or documents) from relevant architecture and town planning authorities, as well as from a state-owned enterprise that maintains the state town planning cadaster (except for information or documents of limited access), which is necessary for pre-project studies, preparation of a feasibility study, substantiation of investment in construction, planning of the development of a territory and (or) use, design and construction of objects and their subsequent use;

      2) to use land plots, purchased into ownership or granted for possession, according to a designated purpose within the framework of town planning regulations, easements or other regulatory requirements (conditions, restrictions);

      3) to set up professional public organizations.

Article 15. Copyright law to work of architecture and town-planning

      1. Copyright law to work of architecture and town-planning and relations, occurring in connection with it shall be regulated by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On copyright law and neighboring rights” and this Law.

      2. Citizens, in the results of which the works of architecture and (or) town-planning are built up shall be recognized as their authors and vested by the relevant copyright law.

      3. Property rights of authors of the work of architecture or town-planning (except for the cases, provided by the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On copyright law and neighboring rights” and this Law) shall be concluded in their exclusive rights:

      1) use or permit to use the project for installation;

      2) carry out or permit replication, distribution and redesign of architecture or town-planning project;

      3) delegate the specified exclusive rights to other persons according to the procedure, provided by the legislation.

      4. Authors of the work of architecture or town-planning, created in accordance with discharge of duties or duty assignment, not vested by the property right, unless otherwise provided by the agreement.

      An agreement between the owner of project (employer) and authors (executor of the order) shall embody regulations on settlement of property rights on the use of the work of architecture or town-planning, created in accordance with discharge of duties or duty assignment.

      5. An author of the work of architecture or town-planning shall have a right to:

      1) carry out an architectural supervision for preparation of the construction documents on installation of author’s project, unless otherwise provided by the assignment to the development of construction project;

      2) carry out an architectural supervision for the construction progress (reconstruction, restoration, modernization) of objects in accordance with established procedure, unless otherwise provided by the assignment to the development of architectural (town planning) project;

      3) execute photographing (camera, video recording), unless otherwise provided by the agreement to the development of project or assignment to the planning, as well as if an object does not contain information, referring to the state secrets.

      6. Protection of personal non-property rights of author (authors) to the work of architecture and town planning shall be carried out according to the procedure, determined by the legislative acts of the Republic of Kazakhstan.

Article 16. Principal duties of the subjects of architectural, town-planning and construction activity

      The subjects of architectural, town-planning and construction activity shall be obliged to:

      1) carry out an activity in accordance with the legislation and state standards (state regulatory documents);

      2) maintain the objects, being in their ownership (possession, use) in road worthy condition, ensuring their security for the citizens, stable functioning in accordance with regulatory and other compulsory requirements, including aesthetic.

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

      1. Violation of regulations and requirements (conditions, rules, restrictions) established by the legislation on architectural, town planning and construction activities, committed by its subjects, entail responsibility stipulated by the laws of the Republic of Kazakhstan.

      These violations include:

      1) carrying out licensed activities in the field of architecture, town planning and construction without a license;

      2) deviation from an approved functional purpose of territories, town planning regulations, the established regime in zones of special town planning regulation;

      3) deviation from the legislative choice and provision (permission for use) and also withdrawal of land for town planning purposes to meet public needs;

      4) departure from an established procedure for the development, coordination, appraisal and approval of town planning documentation, as well as deviation from documentation approved by the procedure established by the legislation of the Republic of Kazakhstan or amendment thereof without permission of an authority that has given an approval;

      4-1) departure from an established procedure for the development, appraisal and approval of project (design and estimate) documentation, as well as deviation from documentation approved by the procedure established by the legislation of the Republic of Kazakhstan or amendment thereof without permission of an authority that has given approval;

      5) performance of construction and installation works without notification to bodies executing state architectural and construction control and supervision, in accordance with the procedure established by the Law of the Republic of Kazakhstan “On Permits and Notifications”;

      6) performance of construction without architectural construction control and supervision, technical and designer’s supervision in cases where this Law prescribes their necessity;

      7) unauthorized construction, as well as change of architectural look, re-planning (re-equipment, re-profiling) of buildings, certain premises and (or) parts of a building;

      8) departure from established red lines and construction lines, as well as yellow lines in zones of increased seismic hazard in the planning and development of inhabited localities;

      9) non-compliance with state standards in architecture, urban planning and construction, including non-use at the facilities financed by public investment and funds of quasi-public sector entities, of materials, equipment, products and structures of domestic production included in the database of goods, works, services and their suppliers, as well as labor protection, fire and explosion safety, sanitary and environmental safety, ensuring access for people with disabilities and low-mobility population groups to social, transport and recreational infrastructure in the process of design, examination, construction and subsequent operation of the facility;

      10) violation of the procedure, established by the legislation, for acceptance into service and commissioning of completed construction objects, as well as their maintenance in the process of operation;

      11) ungrounded refusal of officials to issue or issuance of unreliable information on the preparation and adoption of decisions related to the planning and development (reconstruction) of inhabited localities (parts of inhabited localities), designed objects, as well as the state of the life and activity environment and changes in it that directly affect public and private interests;

      12) other actions, resulting in deterioration of the environment for life activity, infringed rights and legitimate interests of citizens, including persons with disabilities, and society as a whole, damage caused to state interests, which shall entail liability, provided for by the laws of the Republic of Kazakhstan.

      2. Obligations to rectify a committed violation and its consequences, as well as compensation for the damage (harm) caused, are placed on an entity that committed violations.

      3. Facts of non-observance of the operation warranty period of a constructed object due to violations committed by subjects of architectural, town planning and (or) construction activities are established in accordance with norms of the Civil Code of the Republic of Kazakhstan and also Article 69 of this Law.

      4. If in the course of appraisal, violations are found in project (design and estimate) documentation, which directly affect the strength, stableness and reliability of an object, and in case of a failure to eliminate discovered violations within the time frames established for conducting the appraisal, the entity that developed the project (design and estimate) documentation is liable under the laws of the Republic of Kazakhstan.

      The confirmation of revealed violations, committed in the course of the development of project (design and estimate) documentation, is a negative expert opinion (experts’ findings).

      In case of detection of violations in project (design and estimate) documentation in the course of construction, which directly affect the strength, stableness and reliability of an object under construction, the entity that developed project (design and estimate) documentation and also the expert who issued a favorable opinion on project (design and estimate) documentation are liable under the laws of the Republic of Kazakhstan. Identified violations and experts’ observations must be motivated and justified by references to relevant regulatory legal acts, requirements of town-planning and technical regulations, norms and provisions of state and interstate regulatory documents in the field of architecture, town planning and construction in the Republic of Kazakhstan. Advisory recommendations may not be issued.

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

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

      Officials and government bodies carrying out regulatory activities and also performing control and supervisory functions in the field of architecture, town planning and construction, are:

      1) the President of the Republic of Kazakhstan;

      2) The Government of the Republic of Kazakhstan;

      3) an authorized body for architecture, town planning and construction;

      4) other central executive bodies within the scope of their special powers on issues related to architectural, town planning and construction activities;

      5) local representative and executive bodies of regions, cities of republican significance and the capital city, districts, cities of regional significance.

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

      In the field of architectural, town planning and construction activities, the Government of the Republic of Kazakhstan:

      1) conducts a state policy in the sphere of architectural, town planning and construction activities;

      3) charges central executive bodies with comprehensive development of a general scheme for territorial planning of the Republic of Kazakhstan, approves and implements its basic provisions, including the system of settlement and placement of production forces, town planning regulations of republican significance, 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 interregional significance;

            3-1) charges central executive bodies with working out interregional schemes for territorial development;

      3-2) approves interregional schemes of territorial development;

      3-3) approves rules for the development and coordination of interregional schemes for territorial development;

      4) establishes the boundaries of territories and objects of special town-planning regulation of republican and interregional significance;

      5) approves draft master plans (including their main provisions) for cities of republican significance, the capital and cities of regional significance with more than one hundred thousand inhabitants, other town-planning and architectural and construction documentation of national, interstate or interregional significance, alterations thereto, except for architectural and construction documentation for objects of the international specialized exhibition;

      8) adopts decisions on the design and construction of objects of national and interstate significance;

      11) monitors compliance with the requirements of legislative acts on the priority use of the potential of the Republic of Kazakhstan in the sphere of architectural, town planning and construction activities;

      13) issues normative legal acts regulating architectural, town planning and construction activities;

      14) ensures implementation of intergovernmental agreements on cooperation in the field of architecture, town planning and construction;

      21) determines a procedure for implementation of construction (reconstruction, overhaul) projects of objects and complexes of the Republic of Kazakhstan abroad;

      23) approves the rules of making and placing signboards with names of government bodies on public administration buildings;

      24) performs other functions entrusted to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

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) implementation of state policy in the field of architecture, town planning, construction, development of the production base of the construction industry;

      1-2) coordination and methodological guidance of local executive bodies in the field of architecture, town planning, construction, development of the production base of the construction industry;

      1-3) organization of scientific research on price formation and economics in the construction of objects financed by public investments and funds of the quasi-public sector entities;

      1-4) development and coordination of interregional schemes of territorial development;

      6-2) development and approval of regulatory documents on price formation in construction and estimate norms;

      6-3) development and approval of rules for determining the cost of construction of objects financed by public investments and funds of the quasi-public sector entities;

      6-4) development and approval of the rules for the formation and maintenance of the state bank of construction projects, as well as the provision of feasibility studies, standard designs and design (design and estimate) documentation;

      6-6) formation, maintenance and systematic updating of the Unified State Register of New Technologies in Construction;

            6-7) development and approval of rules for implementation of technical investigation of the reliability and stableness of buildings and structures;

      6-8) development and approval of the rules for the issuance of a decision to carry out a set of works on the post-utilization of objects (demolition of buildings and structures);

      8) organization of comprehensive town planning appraisal of draft master plans for cities of republican significance, the capital, cities of regional significance with estimated population of more than one hundred thousand inhabitants, other town planning documentation approved by the Government of the Republic of Kazakhstan;

      11) management of state appraisal of projects;

      11-1) development and approval of the procedure for certification of experts engaged in expert works and engineering services in the sphere of architectural, town planning and construction activities;

      11-2) development and approval of rules for the establishment of expert commissions (expert groups) and engagement of specialists (specialized institutions and organizations) in conducting comprehensive external and town planning appraisals;

      11-3) development and approval of rules for issuing expert opinions on town planning and construction projects (feasibility studies and design estimates);

      11-4) development and approval of rules for accreditation of expert organizations;

      11-5) development and approval of rules for conducting comprehensive external appraisal of feasibility studies and design estimates for the construction of new buildings and structures, their complexes, engineering and transport communications as well as for changes (reconstruction, expansion, technical re-equipment, modernization and overhaul) of existing ones, regardless of sources of financing;

      11-6) establishment of a procedure for approval of projects (feasibility studies and design estimates) intended for the construction of objects through public funds and other forms of public investment;

      11-7) maintenance of the register of accredited expert organizations;

      11-8) development and approval of rules for implementation of comprehensive town planning appraisal of town planning projects of all levels;

      11-9) accreditation of legal entities applying for conducting comprehensive external appraisal of construction projects;

      11-10) development and approval of rules for assignment of addresses to real estate items in the Republic of Kazakhstan in cooperation with an authorized body in the field of informatization;

      11-11) approval of individual plans for the phased development and approval of design estimates for the construction of certain objects requiring special regulation and (or) town planning regulations;

      11-12) development and approval of the rules determining the procedure for maintaining the portal and information systems for organizing comprehensive external appraisal of construction projects under “one-stop” principle;

      11-13) development and approval of the rules, determining the procedure for maintaining the portal and information systems for the organization of construction on a one stop shop principle;

      11-14) development and approval of regulatory legal acts, regulatory and methodological documents in the field of architectural, urban planning and construction activities;

      11-15) control and supervision over the compliance of developed and approved urban planning projects (detailed planning projects, development and development schemes - a simplified version of master plans for small settlements) with the requirements of the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;

      11-16) development and approval for the rules for the implementation of engineering and geological surveys;

      12-1) exercising control and supervision over activities of local executive bodies in charge of architecture, town planning, construction and state architectural and construction control in terms of appropriate performance of functions imposed on them by the legislation of the Republic of Kazakhstan;

      12-2) maintaining the register of licenses in the sphere of architectural, town planning and construction activities;

      12-3) issuance of prescriptions and application of administrative measures against local executive bodies for architecture, town planning, construction and state architectural and construction control of the administrative measures established by the Code on Administrative Offenses of the Republic of Kazakhstan;

      12-4) visit to a construction site in order to find out whether local executive bodies for architecture, town planning, construction and state architectural and construction control properly perform functions assigned to them by the legislation of the Republic of Kazakhstan;

      13) creation of the state town planning cadaster, control over its maintenance;

      13-1) coordination of actions of central and local executive bodies on provision of information and (or) data for adding it to the database of the state town planning cadaster;

      14) regulatory-technical and methodological support of activities of subjects of architectural, town planning and construction activities, as well as a state-owned enterprise that maintains the state town planning cadaster;

      14-1) development and approval of rules for exercising control and supervision over activities of local executive bodies for architecture, town planning, construction and state architectural and construction control;

      15) decision-making on application of envisaged legislative measures to violators in connection with committed violations and departures from statutes, national regulatory requirements, conditions and restrictions established in the sphere of architectural, town planning and construction activities;

      15-1) development and approval of rules of registration with the database of the state town planning cadaster of pre-design and project (design and estimate) documentation, as well as objects of architectural, town planning and construction activities;

      15-2) development and approval for the rules for the development, approval and approval of urban planning projects (detailed planning projects and building projects);

      16) (Is excluded);

      18) certification of state construction inspectors;

      18-1) maintenance of the register of certified experts engaged in expert works and engineering services in the sphere of architectural, town planning and construction activities;

      19) development of technical regulations;

      19-1) consideration of draft standardization documents within the competence, as well as preparation of proposals for the development, amendment, revision and cancellation of national, interstate standards, national classifiers of technical and economic information and standardization recommendations for submission to the authorized body for standardization;

      22-1) development and approval of forms of a conclusion on the quality of construction and installation works and statement of conformity of the completed work with the project, a declaration of conformity;

      22-2) development and approval of the form of an act of object’s acceptance into service in coordination with the authorized state body performing state regulation and control of activities in the field of state registration of rights to immovable property and state technical inspection of immovable property;

      23-2) approval of rules for rendering engineering services in the sphere of architectural, town planning and construction activities;

      23-3) approval of rules for certification of state construction inspectors carrying out architectural and construction control and supervision;

      23-5) approval of rules for determining general procedure for classifying buildings and structures as technically and (or) technologically complex objects;

      23-6) approval of rules for determining the order of monitoring of objects and complexes under construction (planned for construction);

      23-7) approval of technical regulations;

      23-8) approval of rules for maintaining the state town planning cadaster and providing information and (or) data from it;

      23-9) approval of unified qualification requirements for conducting licensed architectural, town planning and construction activities;

      23-11) approval of the list of types of works (services) that are part of construction and installation works;

      23-12) management of activities and coordination of actions of central and local executive bodies in conducting state policy in the sphere of architectural, town planning and construction activities;

      23-13) implementation of measures to ensure efficient management of land and natural resources in urban development of areas of state and interregional significance;

      23-14) approval of rules for organization of urban development and licensing procedures in the construction sector;

      23-15) approval of model rules for the improvement of cities and towns;;

      23-16) organizing the development, coordination, approval, registration and enforcement (suspension, cancellation) of state standards in the field of architecture, urban planning and construction;

      3-17) establishment of rules for organization of activities and implementation of functions of a customer (developer);

      23-18) development and approval of rules for determining the cost of works on implementation of comprehensive external appraisal of construction projects, as well as comprehensive town planning appraisal of urban planning projects for territories of different levels;

      23-19) development and approval of rules and licensing requirements for the certification of engineering and technical personnel 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 personnel involved in the design and construction process;

      23-21) development and approval of rules and licensing requirements for accreditation of organizations engaged in engineering services for technical supervision and expert work on technical investigation of reliability and stableness of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility;

      23-22) accreditation of non-state certification centers for certification of engineering and technical personnel involved in the design and construction process;

      23-23) accreditation of legal entities carrying out technical supervision and technical investigation of objects of the first and second levels of responsibility;

      23-24) development and approval of rules for accreditation of organizations for project management in the field of architecture, town planning and construction;

      23-25) maintenance of the register of accredited non-state certification centers for certification of engineering and technical personnel involved in the design and construction process;

      23-26) maintenance of the register of certified engineering and technical personnel involved in the design and construction process;

      23-27) maintenance of the register of accredited organizations providing engineering services for technical supervision and expert work on technical investigation of reliability and stableness of buildings and structures at technically and technologically complex objects of the first and second levels of responsibility;

      23-28) maintenance of the register of accredited organizations for project management in the field of architecture, town planning and construction;

      23-29) coordination of the rules for formation of the architectural appearance and town-planning of cities of republican significance and the capital city for compliance with the requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan in the field of architecture, town-planning and construction;

      23-30) development and approval of the the procedure for organizing the development, approval, approval, registration and enforcement (suspension, cancellation) of state standards in the field of architecture, urban planning and construction;

      24) the exercise of 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.

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

      The competence of regional maslikhats in the sphere of architectural, town planning and construction activities, carried out in a relevant territory, includes:

      1) approval of a draft master plan (including its main provisions) of cities of regional significance with estimated population of more than one hundred thousand inhabitants;

      2) approval of integrated schemes of town planning of territories of subordinated administrative-territorial units (district planning projects)submitted by a regional akimat;

      3) approval of draft master plans (including basic provisions) of towns of regional significance with estimated population of up to one hundred thousand inhabitants;

      4) approval of rules for general improvement and engineering support of territories, as well as rules for preservation and maintenance of housing stock, other buildings and structures for housing and civil purposes, of engineering communications;

      4-1) approval of the rules for the creation, upkeep and protection of green spaces that are not included in the forest fund of the Republic of Kazakhstan within the boundaries of settlements of the oblast, submitted by the oblast akimat;

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

      1. The competence of maslikhats of cities of republican significance, the capital in the sphere of architectural, town-planning and construction activity carried out in a city and its suburban zone includes:

      1) approval of a draft master plan for city development (including its main provisions);

      1-1) approval of an integrated town planning scheme for adjacent territories (a district planning project), legally referred to as a city influence zone;

      2) approval of rules for general improvement and engineering support submitted by a city akimat;

      2-1) approval of the rules for the creation, upkeep and protection of green spaces that are not included in the forest fund of the Republic of Kazakhstan within the boundaries of the city, submitted by the akimat of the city;

      3) approval of rules of maintenance of housing stock, other buildings and structures for housing and civil purposes, engineering communications submitted by a city akimat and coordinated with an authorized body for architecture, town planning and construction;

      5) establishment of territorial rules for protection and maintenance of objects of the state natural reserve fund having urban significance;

      6) approval of the rules for formation of the architectural appearance and town-planning of cities of republican significance and the capital city, agreed with the authorized body for architecture, town-planning and construction.

      1-1. The competence of maslikhats of cities of regional significance with more than one hundred thousand inhabitants in the sphere of architectural, town planning and construction activities carried out in a city and its suburban zone, includes:

      1) approval of a draft city master plan;

      2) approval of a draft integrated town planning scheme for territories adjacent to a city (a district planning project), legally referred to as a city influence zone;

      4) approval of rules for general improvement and engineering support of a city and its suburban area, as well as maintenance of housing stock, other buildings and structures for housing and civil purposes, of engineering communications.

      2. The competence of maslikhats of towns of regional significance with up to one hundred thousand inhabitants in the sphere of architectural, town planning and construction activities carried out in a town, includes:

      1) approval of a draft master plan of a town (including its main provisions), the draft of an integrated town planning scheme for territories adjacent to a town, legally referred to as a city influence zone;

      3) approval of rules for general improvement and engineering support of a town and its suburban area, as well as maintenance of housing stock, other buildings and structures for housing and civil purposes, of engineering communications.

Article 23.

      (Is excluded by Law of the Republic of Kazakhstan No. 13 dated 20 December, 2004 (shall be enforced from 1 January, 2005).

Article 23-1. Competence of district maslikhats in the scope of architectural, town-planning and construction activity

      Competence of district maslikhats in the scope of architectural, town-planning and construction activity, carrying out in the relevant territory shall include:

      1) approval of master plans of cities of district significance and rural settlements, as well as schemes of development and building (simplified master plans) of rural inhabited localities with estimated population size up to five thousand inhabitants;

      2) approval of town-planning projects, as well as schemes of engineering support and services.

Article 24. Competence of akimats of regions in the sphere of architectural, town-planning and construction activities

      1. The competence of akimats of regions in the sphere of architectural, town planning and construction activities carried out in their entrusted regions, includes:

      1) coordination of activities for implementation of an integrated town planning scheme for territories (a district planning project of a region or a part thereof), master plans for inhabited localities in a region approved in the established manner;

      1-1) implementation of state policy in the field of architecture, town planning, construction, development of the production base of the construction industry;

      2) submitting for the consideration of a regional maslikhat of a draft master plan of a city of regional significance with estimated population of more than one hundred thousand inhabitants for subsequent submission to the Government of the Republic of Kazakhstan for approval;

      2-1) organization of development and submission to the Government of the Republic of Kazakhstan for approval of master plans of cities of regional significance with estimated population of more than one hundred thousand inhabitants approved by a regional maslikhat;

      2-2) submission for approval to a regional maslikhat of integrated town planning schemes for the territory of entrusted administrative-territorial units (district planning projects), as well as draft master plans for development of cities of regional significance with estimated population of up to one hundred thousand inhabitants approved by city maslikhats;

      3) submission of the rules for improvement and engineering support of territories, as well as the rules for preservation and maintenance of housing fund, other buildings and structures for housing and civil purposes, engineering communications, facilities of the state natural reserve fund for approval to the regional maslikhat;

      3-1) submission for approval to the regional maslikhat of the rules for the creation, upkeep and protection of green spaces not included in the forest fund of the Republic of Kazakhstan within the boundaries of the towns of the oblast;

      4) submission to a regional maslikhat of proposals brought about by city-forming factors concerning the establishment or change of boundaries of entrusted administrative territorial units in accordance with the legislation of the Republic of Kazakhstan;

      5) coordination of draft master plans for cities of republican significance in terms of their development using the land of a region, reserve areas, suburban areas, and also other territories legally referred to as a city influence zone;

      6) coordination of draft master plans of cities of regional significance;

      9) provision of information to the public on plans to develop a territory or on other urban development changes;

      10) approval and implementation of town planning projects (detailed planning projects, development projects) drawn up for the development of approved master plans (integrated town planning scheme, planning projects) of inhabited localities;

      11) decision-making on the development of a territory, expansion, technical re-equipment, modernization, reconstruction (re-planning, re-equipment, repurposing), restoration and major repairs of constructions, buildings, structures, engineering and transport communications, as well as engineering preparation of a territory, general improvement and landscaping, conservation of construction-in-progress, post-utilization of objects of regional significance;

      11-1) keeping records and registration of acts on the demolition of buildings and structures of regional significance;

      12) keeping record of acts of objects’ acceptance into service and of objects (complexes) put into service;

      12-1) rendering assistance to state bodies of architectural and construction control and supervision in a region;

      14) provision of information and (or) data for adding to the database of the state town planning cadaster in the established procedure;

      14-1) filing of monthly reports to the authorized body for architecture, urban planning and construction on allotments and changes in the intended purpose of land plots in the territory of the agglomeration;

      16) organization of comprehensive town planning appraisal of draft master plans of towns of regional significance with estimated population of up to one hundred thousand inhabitants;

      17) 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;

      17-1) coordination with accredited republican sports federations of technical specifications and statement of work for the design of sports facilities intended for hosting international and republican competitions;

      17-3) implementation of state architectural and construction control and supervision over the quality of construction of objects, application of administrative measures imposed by the Code on Administrative Offenses of the Republic of Kazakhstan to violators of architectural and town planning discipline at these objects;

      17-4) licensing in the sphere of architectural, town planning and construction activities;

      17-5) making decisions on application of envisaged legislative measures against offenders as a result of committed violations and departures from statutes, state regulatory requirements, conditions and restrictions established in the sphere of architectural, town planning and construction activities;

      17-6) certification of experts for enabling them to carry out expert works and engineering services in the sphere of architectural, town planning and construction activities;

      17-7) organization and implementation of supervision of the quality of project documentation;

      17-9) consideration and approval of pre-project and project (design and estimate) documentation for the construction of objects and complexes financed from local budget, as well as for public money allocated for financing a local budget investment project;

      17-10) certification of organizations for project management in the field of architecture, town planning and construction;

      17-11) coordination of the boundaries of the territories of the restricted zone and the restricted area at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations;

      17-12) presenting a draft master plan for a populated settlement located in a suburban area for approval to the akimat of the capital or cities of republican status;

      20) implementation of other powers vested in local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.

Article 25. Competence of akimats of cities of republican significance, the capital and cities of regional significance in the field of architectural, town-planning and construction activity

      Footnote. The heading of Article 25 as amended by Law of the Republic of Kazakhstan № 210-VI as of 28.12.2018 (shall be enforced ten calendar days after its first official publication).

      1. The competence of akimats of cities of republican significance, the capital in the field of architectural, town-planning and construction activity carried out within the established boundaries of entrusted territories includes:

      1) conducting state architectural, town planning and building policies in the entrusted area;

      1-1) implementation of state policy in the field of architecture, town planning, construction, development of the production base of the construction industry;

      2) coordination of activities for implementation of a city master plan approved in accordance with the procedure established by the legislation, of an integrated town planning scheme for adjacent areas (a district planning project),legally referred to as a city influence zone;

      3) organization of development and submission for approval of a city maslikhat of a draft city master plan, projects for establishing and changing the city line and boundaries of the suburban area, as well as boundaries of districts and inhabited localities transferred into the administrative jurisdiction of a city;

      4) submission for approval of a draft city master plan to the Government of the Republic of Kazakhstan;

      5) submission of town planning documentation for the approval of a city maslikhat;

      6) submission for approval to a city maslikhat of urban rules of general improvement and engineering support of the entrusted territory;

      6-1) submission for approval to the city maslikhat of the rules for the creation, upkeep and protection of green spaces not included in the forest fund of the Republic of Kazakhstan within the boundaries of the city;

      7) submission of proposals on establishment of the rules for preservation and maintenance of housing fund, other buildings and structures for housing and civil purposes, engineering communications, objects of the state natural reserve fund of urban significance to the city maslikhat;

      9) provision of information to the public on plans to develop a territory or on other town planning changes;

      10) approval and implementation of town planning projects drawn up for the development of an approved master plan (integrated town planning scheme, planning projects) of a city and suburban area;

      11) making decisions on selection, provision, and in cases stipulated by the legislative acts of the Republic of Kazakhstan, and compulsory alienation of land plots in the subordinate territory for state needs, taking into account the susceptibility to natural disasters (floods, earthquakes, mudflows, landslides and avalanches) for construction or other town-planning development;

      12) making decisions on development of the territory, expansion, technical re-equipment, modernization, reconstruction (re-planning, re-equipment, re-profiling), restoration and capital repair of constructions, buildings, structures, engineering and transport communications, as well as on the engineering preparation of territory, improvement and landscaping, conservation of unfinished construction sites, carrying out a set of works on post-utilization of objects of urban significance, taking into account the susceptibility to natural disasters (floods, earthquakes, mudflows, landslides and avalanches);

      12-1) keeping records and registration of acts on the demolition of buildings and structures of urban significance;

      13) keeping records of acceptance reports of facilities into operation, as well as facilities (complexes) put into operation, with the obligatory consideration of access for persons with disabilities;

      13-1) assistance to state bodies for architectural and construction control and supervision in a region;

      14) organization of preservation of housing stock, communications, monuments of history and culture, objects of the state natural reserve fund and control over their legally prescribed maintenance (use, exploitation);

      16) submission of information and (or) data for adding to the database of a state town planning cadaster in the established procedure;

      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 accredited republican sports federations of technical specifications and statement of work for the design of sports facilities intended for hosting competitions of international and republican levels;

      18-3) implementation of state architectural and construction control and supervision over the quality of construction of objects, application of administrative measures established by the Code on Administrative Offenses of the Republic of Kazakhstan against violators of architectural and town planning discipline at these objects;

      18-4) licensing in the sphere of architectural, town planning and construction activity;

      18-5) making decisions on application of envisaged legislative measures against violators as a result of committed violations and departures from statutes, state regulatory requirements, conditions and restrictions established in the sphere of architectural, town planning and construction activities;

      18-6) certification of experts to enable them to carry out expert works and engineering services in the sphere of architectural, town planning and construction activities;

      18-7) organization and implementation of quality control of project documentation;

      18-9) examination and approval of pre-project and project (design and estimate) documentation for the construction of objects and complexes financed from the local budget and for public money allocated for financing a local budget investment project;

      18-10) certification of organizations for project management in the field of architecture, town planning and construction;

      18-11) development and submission of the rules for formation of the architectural appearance and town-planning of cities of republican significance and the capital city for approval to the authorized body for architecture, town- planning and construction;

      18-12) coordination of the boundaries of the territories of the restricted zone and the restricted area at the arsenals, bases and warehouses of the Armed Forces of the Republic of Kazakhstan, other troops and military formations;

      21) implementation of other powers vested in local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government management.

      1-1. The competence of the akimat of the capital city, in addition to the functions stipulated in paragraph 1 of this article, in the sphere of architectural, town planning and construction activities carried out in the capital and its suburban area, includes:

      3) control over the deadlines of design, construction and commissioning of reconstruction objects;

      4) implementation of borrowing in accordance with the budget legislation of the Republic of Kazakhstan.

      1-2. The competence of akimats of the capital, cities of republican status in urban planning activities within the suburban zone shall include:

      1) participation in the development of the state urban planning policy applied on the territory of the suburban zone;

      2) participation in the development of a draft master plan for a settlement located in the suburban area;

      3) approval of the draft master plan for a settlement located in a suburban area, in terms of:

      specifying the number of inhabitants of the settlement;

      ensuring the population employment;

      providing the population with drinking water sources and electricity.

      2. The competence of akimats of cities of regional significance with more than one hundred thousand inhabitants in the sphere of architectural, town planning and construction activities carried out within established boundaries of the entrusted territory, includes:

      1) coordination of activities for implementation of a city master plan approved in accordance with the procedure established by legislation, of an integrated town planning scheme for an adjacent area (a district planning project), legally referred to as a city influence zone;

      2) organization of development and submission for approval to a city maslikhat of a draft city master plan, projects for establishing and changing city lines and boundaries of a suburban area, as well as boundaries of entrusted administrative districts and satellite settlements;

      3) submission for approval of town planning documentation and rules for general improvement and engineering support of a city to a relevant maslikhat in accordance with Article 22 of this Law;

      4) submission of proposals on establishment of the rules for preservation and maintenance of housing fund, other buildings and structures for housing and civil purposes, engineering communications, objects of the state natural reserve fund of local importance to the city maslikhat;

      5) provision of city residents with information on plans to develop a territory or on other urban development changes;

      5-1) provision, in accordance with the established procedure, of information and (or) data for adding to the database of a state town planning cadaster;

      6) approval and implementation of town planning projects, detailed planning projects and development of a town and suburban area;

      7) decision-making on selection, submission and, in cases provided for by legislative acts, withdrawal for state needs of land plots in the entrusted territory for construction or other urban development;

      8) decision-making on the development of a territory, expansion, technical re-equipment, modernization, reconstruction (re-planning, re-equipment, repurposing), restoration and major repairs of constructions, buildings, structures, engineering and transport communications, as well as engineering preparation of a territory, general improvement and landscaping, conservation of construction-in-progress, post-utilization of objects of local significance;

      8-1) keeping records and registration of acts on the demolition of buildings and structures of local significance;

      9) keeping record of acts of objects’ acceptance into service and of objects (complexes) put into service;

      10) organization of preservation of housing stock, communications, monuments of history and culture, objects of the state natural reserve fund and control over their legally prescribed maintenance (use, exploitation);

      11) monitoring of objects and complexes under construction (planned for construction) in the manner established by an authorized body for architecture, town planning and construction;

      12) exercise of other powers vested in local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.

      3. The competence of akimats of towns of regional significance with up to one hundred thousand inhabitants in the sphere of architectural, town planning and construction activities carried out within the established boundaries of the entrusted area, includes:

      1) coordination of activities for implementation of a town master plan approved in accordance with the procedure established by legislation, an integrated town planning scheme for adjacent territory (a district planning project), legally referred to as a city influence zone;

      2) organization of the development and submission to a city maslikhat for approval of a draft town master plan, projects for establishing and changing town lines and boundaries of suburbs, as well as boundaries of entrusted administrative districts and satellite inhabited localities, integrated town planning schemes;

      3) submission, in accordance with Article 22 of this Law, for approval to a relevant maslikhat of town planning documentation, as well as rules for general improvement and engineering support of the territory of a town;

      4) submission of proposals on establishment of the rules for preservation and maintenance of housing fund, other buildings and structures for housing and civil purposes, engineering communications, objects of the state natural reserve fund of local importance to the city maslikhat;

      5) provision of town residents with information on plans to develop a territory or on other urban development changes;

      5-1) provision, in accordance with the established procedure, of information and (or) data for adding to the database of a state town planning cadaster;

      6) approval and implementation of town planning projects, detailed planning projects and development of a town and suburban area;

      7) decision-making on selection, provision and, in cases provided for by legislative acts, withdrawal for state needs of land plots in the subordinated territory for construction or other urban development;

      8) decision-making on the development of a territory, expansion, technical re-equipment, modernization, reconstruction (re-planning, re-equipment, repurposing), restoration and major repairs of constructions, buildings, structures, engineering and transport communications, as well as engineering preparation of a territory, general improvement and landscaping, conservation of construction-in-progress, post-utilization of objects of local significance;

      8-1) keeping records and registration of acts on the demolition of buildings and structures of local significance;

      9) keeping record of acts of objects’ acceptance into service and of objects (complexes) put into service;

      10) organization of preservation of housing stock, communications, monuments of history and culture, objects of the state natural reserve fund and control over their legally prescribed maintenance (use, exploitation);

      11) monitoring of objects and complexes under construction (planned for construction) in the manner established by an authorized agency for architecture, town planning and construction;

      12) exercise of other powers vested in local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.

Article 26. Competence of akimats of districts in the sphere of architectural, town-planning and construction activities

      The competence of akimats of districts in the sphere of architectural, town planning and construction activities carried out in their entrusted territory includes:

      1) coordination of activities for implementation of an integrated town planning scheme for the territory of a district(a district planning project), master plans of rural settlements approved in the manner prescribed by law;

      1-1) provision of information and (or) data for adding to the database of a state town-planning cadaster in the established procedure;

      5) provision of population with information on plans to develop a territory or on other urban development changes;

      7) making decisions on construction, engineering preparation of territory, general improvement and landscaping, conservation of construction of unfinished objects, carrying out a set of works on post-utilization of objects of district significance;

      7-1) keeping records and registration of acts on the demolition of buildings and structures of district significance;

      9) keeping record of acts of objects’ acceptance into service and of objects (complexes) put into service;

      10) organization of preservation of housing stock, communications, monuments of history and culture of district significance and control over their maintenance (use, exploitation);

      11) (Is excluded)

      12) organization of the development and submission to a district maslikhat for approval of town planning schemes for the territory of a district, as well as draft master plans for towns of district significance, villages and other rural settlements;

      13) implementation of town planning projects drawn up for the development of approved master plans (schemes of territorial development) of inhabited localities;

      13-1) consideration and approval of pre-project and project (design and estimate) documentation for the construction of objects and complexes financed from the local budget and for public money allocated for financing a local budget investment project;

      14) 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;

      14-1) filing monthly reports to the akimat of the oblast on allotments and changes in the designation purpose of land plots in the territory of the agglomeration;

      15) decision-making on selection, submission and, in cases provided for by legislative acts, withdrawal for state needs of land plots in the entrusted territory for construction or other urban development;

      16) decision-making on reconstruction through re-planning of premises of existing buildings;

      17) exercise of other powers vested in local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local government.

Article 27. Local executive bodies in the matter of architecture, town-planning and construction

      Footnote. Title of Article 27 is in the wording of the Law of the Republic of Kazakhstan No. 239-V dated 29.09.2014 (shall be enforced upon expiry of ten calendar days after its first official publication).

      1. Local executive bodies in the matter of architecture, town-planning and construction shall be the structural subdivisions of relevant akimats and shall be divided into:

      1) regional bodies (bodies of cities of republican significance, the capital) for:

      architecture and town planning;

      construction (unitary customer service);

      state architectural and construction control and supervision;

      2) district (cities of regional significance) bodies:

      architecture and town-planning;

      construction (single customer service).

      2. Competence of local executive bodies in the matter of architecture, town-planning and construction shall be established in accordance with Articles 24, 25 and 26 of this Law.

      3. The heads of structural units of local executive bodies of cities of republican significance, the capital and cities of regional significance, performing functions in the field of architecture and town planning are chief architects of cities.

      Heads of structural subdivisions of local executive bodies of district, carrying out functions in the scope of architecture and town-planning shall be the chief architects of districts by virtue of their position.

Chapter 4-1. General safety requirements in the scope of architecture, town-planning and construction activity

      Footnote. Chapter 4-1 is supplemented by Law of the Republic of Kazakhstan No. 209 dated 29 December, 2006 (see Article 2 for the enactment procedure).

Article 27-1. Objects of technical regulation and standardization

      Footnote. The heading of Article 27-1 as amended by Law of the Republic of Kazakhstan № 184-VI as of 05.10.2018 (shall be enforced six months after its first official publication).

      The objects of technical regulation and standardization in the field of architectural, town-planning and construction activity are buildings, structures, the processes of their design, construction, reconstruction, technical re-equipment, expansion, major repairs and operation, as well as building materials, products and structures.