The construction (reconstruction, restoration, expansion, technical re-equipment, modernization, overhaul) of objects and their complexes, as well as the laying of communications, the engineering preparation of the territory, landscaping and landscaping are carried out according to the design (design and estimate) documentation developed in accordance with the approved in established the order of the detailed planning projects, the development project, executed on the basis of the general plan of the settlement (or their replacement development and development schemes of settlements with a population of up to five thousand people).
In the cases provided for in paragraph 2 of Article 60 of the Law of the Republic of Kazakhstan “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”, construction without design (design and estimate) documentation or simplified outline designs is allowed.
For the objects of the international specialized exhibition on the territory of the Republic of Kazakhstan, the simultaneous development of pre-design and design (design and estimate) documentation is allowed.
In the case of construction (expansion, modernization, technical re-equipment, reconstruction, restoration, overhaul) of objects and their complexes without design (design and estimate) documentation or design (design and estimate) documentation that has not passed the expert examination, construction and installation works are suspended in accordance with the Code of the Republic of Kazakhstan on administrative offenses.
The resumption of construction and installation work is carried out only if there is appropriate design (design and estimate) documentation that has passed the examination in the established manner.
Without design (design and estimate) documentation or according to sketches (outline designs), the customer (owner), in agreement with the local executive bodies of the city of republican significance, the capital, districts (cities of regional significance), can:
- construction of individual residential buildings, except for the 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;
- the construction of temporary buildings located on their own personal plots or plots of gardening and gardening partnerships, as well as residential and (or) household premises for seasonal work and livestock breeding;
- reconstruction (re-planning, re-equipment) of residential and non-residential premises in residential buildings (residential buildings), which does not require the allocation of an additional land plot (section of the territory), is not related to any changes in the supporting structures, engineering systems and communications, and does not impair architectural and aesthetic , fire-fighting, explosion-proof and sanitary qualities that do not have a harmful effect on the environment during operation;
- changes to other technically uncomplicated buildings intended for personal use by citizens.
The decision to classify as technically uncomplicated changes in the premises or buildings specified in subparagraphs 3) and 4) of paragraph 2 of Article 60 is made by local executive bodies of the city of republican significance, the capital, districts (cities of regional significance).
The erection of household outbuildings to existing buildings on their own personal plots, plots of gardening and trucking partnerships (societies), their improvement, as well as the installation of mobile complexes of container and block construction on these plots can be carried out without coordination with local authorities of architecture and urban planning, if indicated objects do not affect the interests of others or the state.
The development procedure, the mandatory composition and content of the pre-project and design (design and estimate) documentation are established by state standards approved by the authorized body for architecture, urban planning and construction.
The procedure for approval, as well as amendments to the approved pre-design and design (design and estimate) documentation is determined by this Law and other regulatory legal acts of the Republic of Kazakhstan.
The rules and procedure for conducting contract work during the implementation of project (design and estimate) documentation are established in accordance with the Civil Code of the Republic of Kazakhstan.
The design (design and estimate) documentation, according to which construction has not been started within three or more years after the end of its development, is considered obsolete and can be used for implementation only after a new examination and reapproval in the manner prescribed by law.
Pre-project documentation, according to which within three years after its approval the design and estimate documentation was not developed and approved, is considered obsolete and can be used for implementation only after a new examination and re-approval in the manner established by the legislation of the Republic of Kazakhstan.
The inclusion of pre-project and project (design and estimate) documentation in the national archive fund, guarantees of property rights to these documents, as well as rights of use and restrictions on their use are established in accordance with the legislation of the Republic of Kazakhstan.
Pre-design and (or) design (design and estimate) documentation executed by foreign legal entities or individual specialists for the development of territories and (or) construction on the territory of the Republic of Kazakhstan, with the exception of pre-design and (or) design (design and estimate) documentation for objects of international specialized exhibition on the territory of the Republic of Kazakhstan, should be developed on the conditions and at the stages of pre-design and design work, in the composition and scope of the design (design and estimate) documentation,established by this Law, state standards and design assignments, as well as subject to mandatory requirements established by state standards, including fire and industrial safety requirements, unless otherwise provided by an international agreement ratified by the Republic of Kazakhstan.
Deviation from this rule is allowed:
- by decision of the customer (investor) when the customer (investor) fulfills the following mandatory conditions in total:
compliance with fire and explosion safety standards, reliability of structures, stability of the facility and labor protection established by the legislation of the Republic of Kazakhstan and state regulatory documents, which should be confirmed by a comprehensive non-departmental examination of projects;
providing suppliers of goods (works and services) with the necessary information for them in accordance with the legislation of the Republic of Kazakhstan and state regulatory documents;
- during the design, construction, reconstruction, technical re-equipment, expansion of facilities included in the republican map of industrialization.