Changes and additions were made to the Law of the Republic of Kazakhstan dated July 16, 2001 “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”
/ Law of the Republic of Kazakhstan dated May 24, 2018 No. 156-VI “On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on Improving the Regulation of Entrepreneurial Activities”
Published: “Kazakhstan Pravda” dated May 28, 2018 No. 97 (28726); IS “Reference control bank of the regulatory legal acts of the Republic of Kazakhstan in electronic form” June 1, 2018
Status: Effective: entered into force on June 08, 2018
/ 1) Article 1 shall be supplemented with subparagraphs 6-2) and 7-1) of the following content:
“6-2) a single architectural style - a set of common features used in construction, characteristic of a particular 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, decoration materials, fencing, type of roof and the location of household buildings on the site; ";
"7-1) a detailed planning project - urban planning documentation developed for individual parts of territories and functional zones of settlements, as well as territories located outside settlements;";
2) paragraph 4 of Article 17 shall be stated as follows:
"4. In cases of detection of violations in the design (design and estimate) documentation during the examination process that have a direct impact on the strength, stability and reliability of the facility, and the failure to eliminate the identified violations within the established time frame for the examination, the organization that developed the design (design and estimate) documentation is responsible established by the laws of the Republic of Kazakhstan.
Confirmation of the revealed violations during the development of design (design and estimate) documentation is a negative expert opinion (expert testimony).
In case of violations in the design (design and estimate) documentation during the construction process that directly affect the strength, stability and reliability of the facility under construction, the organization that developed the design (design and estimate) documentation, as well as the expert who issued a positive opinion on the design (design and estimate) budget) documentation, bear the responsibility established by the laws of the Republic of Kazakhstan.
Identified violations and comments of experts should be motivated and justified by references to relevant regulatory legal acts, requirements of urban planning and technical regulations, norms and provisions of state and interstate regulatory documents in the field of architecture, urban planning and construction in the Republic of Kazakhstan. Issuance of recommendations of a recommendatory nature is not allowed. ”;
in article 20:
supplement with subparagraph 11-12) of the following content:
"11-12) development and approval of the rules determining the procedure for maintaining the portal and information systems for organizing a comprehensive non-departmental examination of construction projects on the basis of the" one-stop shop "principle;"
Subparagraph 22-2) shall be amended as follows:
“22-2) development and approval of the form of the act of acceptance of an object into operation by agreement with the authorized state body that carries out state regulation and control of activities in the field of state registration of rights to real estate and state technical inspection of real estate;”;
4) in article 31-1:
in clause 7, the words “and other forms” shall be replaced by the words “and preventive control and supervision”;
the second sentence of paragraph 8 shall be reworded as follows:
“The procedure for organizing and conducting preventive control and supervision is determined by the Entrepreneurial Code of the Republic of Kazakhstan and this Law.”;
5) supplement with article 31-2 of the following content: “Article 31-2. Preventive control and supervision with a visit to the subject (object) of control and supervision
“Article 31-2. Preventive control and supervision with a visit to the subject (object) of control and supervision
1. Preventive control and supervision with a visit to the subject (object) of control and supervision carried out by the bodies of state architectural and construction control are preventive in nature.
2. The bodies of state architectural and construction control have the right to carry out preventive control and supervision with a visit to the subject (object) of control and supervision, taking into account the priority established in the following order:
1) industrial facilities, industrial buildings, structures;
2) administrative buildings of state bodies, buildings of museums of republican significance, state archives, storages of national and cultural values and life support facilities of cities and settlements, requiring special artificial microclimate devices and (or) special security or anti-terrorism measures;
3) socially significant objects (organizations of education, healthcare, culture and others);
4) housing and civil facilities;
5) objects of transport infrastructure;
6) water supply and sanitation facilities;
7) other buildings and structures.
At the same time, objects financed by budgetary funds and entities of the quasi-public sector are visited
on a priority basis, ceteris paribus.
In the event of an emergency at a facility under construction, state architectural and construction control authorities visit this facility in priority order.
3. Based on the results of preventive control and supervision with a visit to the subject (object) of control and supervision, an order is drawn up to eliminate the identified violations without initiating an administrative case.
In this case, in the case of gross violations established in the criteria for assessing the degree of risk, an unscheduled check is carried out in accordance with subparagraph 1) of paragraph 3 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan. ”;
6) in article 33:
to exclude subparagraphs 3) and 4) of paragraph 4 and paragraph 5-1;
Subparagraph 1) of paragraph 6 shall be worded as follows:
“1) the construction of individual residential buildings and other technically uncomplicated structures intended for personal use by citizens, except for facilities being built at the expense of budgetary funds, and individual residential buildings above two floors located in areas of increased seismic hazard or with other special geological (hydrogeological) and geotechnical conditions requiring special design solutions and measures for their implementation; ”;
7) paragraph 2-3 of Article 34 shall be supplemented with subparagraph 6) of the following content:
“6) fill out the annexes to the act of acceptance of the facility into operation with the actual measurements.”;
8) subparagraph 8) of paragraph 2 of Article 34-2 shall be stated as follows:
“8) within three working days from the date of approval of the act of acceptance of the facility into operation, send to the State Corporation“ Government for Citizens ”at the location of the facility the approved act of acceptance of the facility into operation with the attached technical characteristics of the facility, a declaration of conformity and quality conclusions construction and installation work and the compliance of the work with the approved project; ";
9) to supplement article 47-1 with the following content:
“Article 47-1. Detailed planning projects
1. Projects for urban development of certain parts of the territories of settlements (draft detailed planning) are developed on the basis of the general plan of the settlement, approved in the prescribed manner.
2. Detailed planning projects are developed in accordance with the elements of the planning structure established in the general plans of settlements, urban planning regulations, and the concept of a unified architectural style.
The concept of a unified architectural style is provided for the capital, cities of republican and regional significance.
3. The detailed planning project establishes:
1) the main directions of the planning organization of the territory with the definition of functional urban planning zoning;
2) red, yellow lines and building regulation lines;
3) reservation of the territory for the placement of objects of social, cultural and public services for the population, the organization of the road network and transport services, tracing of utilities;
4) transverse street profiles;
5) improvement and gardening of the territory;
6) public urban restrictions;
7) engineering communications plan;
8) road infrastructure development plan;
9) the concept of a unified architectural style of a part of the territories of the capital, cities of republican and regional significance.
4. The approved detailed planning project is valid until its full implementation and changes and additions cannot be made to it, with the exception of cases due to the need to adjust the current detailed planning project for the construction of social, cultural and unique facilities at the expense of budgetary funds. ”;
10) subparagraph 1) of the first part of paragraph 2 of Article 60 shall be stated as follows:
“1) the 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;”;
11) subparagraph 1) of the first part of paragraph 4 of Article 64-1 shall be stated as follows:
“1) individual residential buildings made by licensed persons in accordance with the architectural and planning assignment of the local executive bodies of the capital, cities of republican significance, districts (cities of regional significance). This requirement does not apply to 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; ”;
12) paragraph 2 of Article 64-4 shall be stated as follows:
"2. A comprehensive non-departmental examination related to the state monopoly is carried out by a state expert organization.
Activities technologically related to the production of goods, works, services include maintaining a portal and an information system for organizing a comprehensive non-departmental examination of construction projects on a “one-stop shop” basis. ”;
13) to exclude subparagraph 2) of paragraph 4 of Article 64-11;
14) in article 68:
Clause 2 shall be amended as follows:
"2. The customer, having the intention to carry out the construction of the facility, is obliged in accordance with the land legislation of the Republic of Kazakhstan to obtain a decision on the provision of the corresponding land right in the local executive bodies of the regions (cities). If the customer has the appropriate right to land and a functional zone in accordance with the approved detailed design plan for the construction of the object, additional receipt of a decision from the local executive bodies of the districts (cities) is not required.
Construction and installation work at the facility is allowed only on lands for which the corresponding land use right or private property right has been granted in accordance with the legislation of the Republic of Kazakhstan. ”;
the first part of paragraph 6 shall be amended as follows:
"6. The decision of the local executive bodies of the districts (cities) to grant the appropriate land right and the architectural and planning assignment are the grounds for drawing up the assignment by the customer for the design of the intended facility. ”;
paragraph 7 shall be supplemented by a third part as follows:
“Projects of external engineering networks and structures developed in accordance with technical conditions issued by providers of engineering and utility services and undergoing a comprehensive non-departmental examination, additional coordination with the engineering and utilities service providers and structural units of local executive bodies carrying out functions in the field of architecture and urban development are not subject. ";
Clause 9 shall be amended as follows:
"nine. The local executive bodies of the capital, cities of republican significance, districts (cities of regional significance), on the basis of a decision to grant the appropriate land right or the land right that the customer has, give the customer an architectural and planning assignment with technical conditions for connecting to sources of engineering support and utilities and architectural concept of the construction of the facility. ”;
the second part of paragraph 12 shall be amended as follows: “At the same time, the organization carrying out the construction and installation works of power supply networks is entitled to notify the start of construction and installation work on connecting technically simple objects to the power supply networks.”;
15) paragraphs 4 and 8 of Article 73 shall be stated as follows:
"4. 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. ”;
"8. 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. ”;
16) subparagraph 2) of paragraph 3 of Article 74 shall be stated as follows:
“2) 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, with the exception of subparagraph 1) of paragraph 1 of this article.” ;
17) Clause 4 of Article 75 shall be amended as follows:
"4. 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). ”;
18) to supplement with article 75-1 of the following content:
“Article 75-1. The procedure for maintaining and recording acts of acceptance of the facility into operation
1. State Corporation “Government for Citizens”, within one day from the receipt of the approved act of acceptance of the facility from the applicant with the application of the technical characteristics of the facility, a declaration of conformity, conclusions about the quality of construction and installation work and the compliance of the work performed with the approved project, sends at the same time:
1) to the structural unit 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;
2) 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.
2. Local executive bodies performing functions in the field of architecture and urban planning, before the expiration of one working 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 make records acceptance certificate for 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.
3. 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 by the customer with the norms 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 the provision of information within the time periods specified in paragraphs 2 and 3 of this article 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. ”