Acceptance of construction objects into operation
General requirements for the acceptance and commissioning of facilities
Acceptance of constructed facilities is regulated by the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan” (hereinafter - the Law).
Acceptance and commissioning of the constructed facility is carried out by the customer when it is fully ready in accordance with the approved project and the presence of a declaration of conformity, conclusions on the quality of construction and installation works and the compliance of the work performed with the approved project.
In this case, the complete readiness of the constructed facility is determined in accordance with the rules of the organization of development and passing licensing procedures in the construction industry.
In some cases, provided for in Section 74 of the Law, acceptance of the constructed facility into operation is carried out by the owner (customer, investor, developer) independently.
When accepting and commissioning unfinished construction projects, construction participants are liable under the laws of the Republic of Kazakhstan.
Acceptance of the constructed facility into operation is documented in an act. The act of acceptance of the constructed facility into operation is subject to approval.
The approval of the acceptance certificate is made by the customer. The date of signing the acceptance certificate for the facility is considered the date of its approval and the date of commissioning of the facility.
The act of acceptance of the constructed facility into operation is signed by the customer, contractor (general contractor), persons performing technical and architectural supervision, on the basis of a declaration of conformity and conclusions on the conformity of the work performed to the project and the quality of construction and installation works.
In case of acceptance of the facility into operation with violations and construction deficiencies, participants in the acceptance of the facility into operation bear the responsibility established by the laws of the Republic of Kazakhstan.
The responsibilities of the participants in the acceptance of the facility into operation include:
- establishment and documentary evidence of the readiness of the completed construction facility;
- assessment of the compliance of construction and installation work and installed technological, engineering or other equipment with approved design documentation (design estimates), regulatory requirements (conditions, restrictions);
- establishing the actions of the contractor to comply with the regulatory requirements of the approved project or the presence of deviations and their coordination in the manner prescribed by state standards;
- establishing compliance with the commissioned capacity (capacity, throughput) of the facility approved by the project indicators;
- assessment of the progressiveness of architectural, construction, engineering and technological solutions, as well as the facility as a whole;
- carrying out control testing and testing of mounted technological equipment and engineering systems;
- in case of unsuitability of the object for operation, presentation to the customer of the corresponding motivated conclusion.
The signing of the acceptance certificate for the facility is carried out after the final inspection of the facility and compliance with the requirements established by this chapter.
The operation of the constructed facility without an approved act of acceptance of the facility into operation is not allowed.
The basis for entering into the information system of the legal cadastre identification and technical information of buildings, structures and (or) their components for newly created real estate, registration of rights to real estate in the State Corporation "Government for Citizens" is the approved act of acceptance of the object into operation.
Objects taken into operation by the owner independently
The owner (customer, investor, developer) independently accepts the commissioned completed construction of technically simple objects, namely:
-reconstruction through redevelopment of rooms (individual parts) of existing buildings that are not associated with changes in load-bearing and enclosing structures;
- temporary buildings, including domestic premises for seasonal work and livestock distillation;
- household buildings in the territories of individual household plots, buildings in the areas of gardening and gardening partnerships (societies), elements of improvement in local territories or personal plots (summer cottages);
- mobile complexes of container and block construction, as well as one-story buildings (structures) for trade, public catering and consumer services, constructed from prefabricated structures and not requiring approval from the sanitary and epidemiological services;
- open-type car parks with the number of cars not more than fifty units, as well as garages with boxes for no more than two cars;
- construction of individual residential buildings, as well as other buildings intended for personal use of citizens;
- small architectural forms and fencing of territories;
- open sports grounds, sidewalks, paving around buildings (structures).
These norms cannot be applied if the indicated changes in the premises (individual parts of the building), as well as the construction and operation of the above technically complex objects, infringe upon the rights of other citizens or are contrary to state and (or) public interests.
These norms also do not apply to objects:
- the construction of which is funded by public investment or with their participation;
- construction of individual residential buildings above two floors located in areas of increased seismic hazard or with other special geological (hydrogeological) and geotechnical conditions that require special design solutions and measures for their implementation, with the exception of subparagraph 1) of paragraph 1 of this article.
The acceptance procedure, as well as the form of the act of acceptance of the constructed object into operation by the owner, is independently approved by the authorized body for architecture, urban planning and construction.
The act of acceptance of the constructed facility into operation by the owner is independently subject to mandatory registration with local executive bodies performing functions in the field of architecture and urban planning.
The procedure for acceptance of objects into operation
Acceptance of the object from the contractor (general contractor) is carried out by the customer together with technical and design supervision.
After receiving from the contractor (general contractor) a written notice on the readiness of the facility for acceptance into operation, the customer accepts the facility in operation.
From the day of receipt of a notice from the contractor (general contractor) about the readiness of the object, the customer requests from the contractor (general contractor) and persons performing technical and architectural supervision, a declaration of conformity, conclusions on the quality of construction and installation works and the compliance of the work performed to the project.
The contractor (general contractor) and persons performing technical and architectural supervision, within three working days from the date of receipt of the request from the customer, submit a declaration of conformity, conclusions on the quality of construction and installation works and the compliance of the work performed with the project or negative conclusions.
The conclusion of field supervision on the conformity of the work performed to the project is the basis for providing suppliers of engineering and communal services with access to the services they provide in accordance with the previously issued technical conditions for the design of the facility, if this does not contradict the current norms and rules.
The customer, on the basis of the declaration of conformity, conclusions on the quality of construction and installation works and the conformity of the work performed to the project together with the contractor (general contractor), persons carrying out technical and architectural supervision, is obliged to check the executive technical documentation for availability and completeness, inspect and accept the object commissioning according to the relevant act (to conduct a final check of the facility for readiness for acceptance into operation).
In case of violations of the approved design decisions and state (interstate) standards, as well as in the presence of negative opinions, the customer takes the facility into operation after the contractor (general contractor) eliminates the violations.
Upon elimination of the identified violations, acceptance of the facility into operation is carried out in the manner prescribed by this article.
Providing the customer with design (design and estimate) documentation, a declaration of conformity, conclusions on the quality of construction and installation works and the compliance of the work performed with the project does not relieve the contractor for design and construction and installation work, and persons performing technical and architectural supervision, responsibility for completed work in the design, construction, acceptance and commissioning of the facility.
The procedure for maintaining and recording acts of acceptance of the facility into operation
State Corporation “Government for Citizens”, within one day from the date of receipt from the applicant of the approved act of acceptance of the facility into operation with the attachment to it of the technical characteristics of the facility, a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the work performed with the approved project, shall simultaneously send:
- to the structural subdivision of the relevant local executive body, which carries out functions in the field of architecture and urban planning at the location of the facility, an approved act of acceptance of the facility into operation with the attached technical characteristics of the facility;
- to the bodies of state architectural and construction control at the location of the object, an approved act of acceptance of the object into operation with the application of the technical characteristics of the object, a declaration of conformity and conclusions on the quality of construction and installation work and the compliance of the work performed with the approved project.
Local executive bodies that carry out functions in the field of architecture and urban planning, before the expiration of one business day from the receipt of documents from the State Corporation “Government for Citizens”, carry out a reconciliation to the observance by the customer of the procedures defined by the rules for the organization of development and licensing procedures, and record the acceptance certificate into operation.
Based on the results of the reconciliation, in the event that a construction object is found to be inconsistent with the requirements of the rules for organizing development and undergoing licensing procedures, within one business day from the receipt of documents from the Government for Citizens State Corporation, the state architectural and construction control authorities and the registration authority shall be notified in writing about this.
If there is no discrepancy within one business day from the receipt of documents from the State Corporation "Government for Citizens" inform the registration authority in writing.
Bodies of state architectural and construction control before the expiration of one working day from the receipt of documents from the State Corporation "Government for Citizens" conduct a reconciliation for compliance with the customer standards and requirements established by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
If violations are detected within one business day from the receipt of documents from the State Corporation “Government for Citizens” they inform the registration authority in writing and apply liability measures in accordance with the legislation of the Republic of Kazakhstan.
If there are no violations within one business day from the receipt of documents from the State Corporation "Government for Citizens" inform the registration authority in writing.
4. Responsibility for providing information in a timely manner rests with officials of local executive bodies performing functions in the field of architecture and urban planning and state architectural and construction control, in accordance with the legislation of the Republic of Kazakhstan.
Responsibility of the commissioning and commissioning of constructed facilities
Participants in the commissioning and commissioning of constructed facilities, including customers (investors, developers), persons carrying out technical and architectural supervision, responsible contractor for survey, design, construction and installation works, manufacturers and suppliers of building materials, products, structures and equipment, as well as operational monitoring services for the construction and installation of equipment and other participants bear the responsibility established by the laws of the Republic of Kazakhstan for a threat to the life or health of citizens, as well as damage (harm) to state, public or private interests caused as a result of violations or deviations from mandatory regulatory requirements (conditions, restrictions), including for non-compliance with requirements to ensure accessibility of facilities for disabled people and other people with limited mobility.