Frequently Asked Questions Guide
1. Is it possible to carry out construction and reconstruction without design estimates?
Without design (design and estimate) documentation or according to sketches (outline designs), the customer (owner), in agreement with the local executive bodies of cities of republican significance, the capital, districts (cities of regional significance), may:
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;
2) the construction of temporary buildings located on their own personal plots or plots of garden and garden partnerships, as well as residential and (or) household premises for seasonal work and livestock breeding;
3) 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 worsen the architectural and aesthetic, fireproof, anti-explosive and sanitary qualities that do not have a harmful effect on the environment during operation;
4) changes in other technically uncomplicated buildings intended for personal use of citizens.
The decision to classify technically uncomplicated changes in the premises or buildings specified in subparagraphs 3) and 4) of paragraph 2 of this article is made by local executive bodies of cities 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.
(Clause 2, Article 60 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”)
2. What document is the acceptance of the completed facility in operation?
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
(Clause 4 of Article 73 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”)
3. Who signs the Act of acceptance of the object into operation?
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.
(Clause 5, Article 73 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”)
4. What objects are taken into operation by the owner independently?
The owner (customer, investor, developer) independently accepts the commissioned completed construction of technically simple objects, namely:
1) reconstruction through redevelopment of rooms (individual parts) of existing buildings that are not related to changes in load-bearing and enclosing structures;
2) temporary buildings, including domestic premises for seasonal work and livestock breeding;
3) 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 household plots;
4) 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;
5) 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;
6) the construction of individual residential buildings, as well as other buildings intended for personal use of citizens;
7) small architectural forms and fencing of territories;
8) open sports grounds, sidewalks, paving around buildings (structures).
These norms cannot be applied if changes in the premises (individual parts of the building), as well as the construction and operation of the above technically complex objects, infringe on the rights of other citizens or are contrary to state and (or) public interests.
These norms also do not apply to objects:
1) the construction of which is funded by public investment or with their participation;
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 reconstruction through redevelopment of rooms (separate parts) of existing buildings not related to changes in load-bearing and enclosing structures.
(Article 74 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”)
5. What is the procedure for acceptance by the owner of the constructed facility into operation?
The acceptance procedure, as well as the form of the act of acceptance of the constructed object into operation by the owner, are independently approved by the authorized body for architecture, urban planning and construction.
The rules for acceptance of the constructed facility into operation by the owner independently, as well as the forms of the acceptance certificate were approved by Order of the Minister for Investment and Development of the Republic of Kazakhstan dated December 13, 2017 No. 867.
http://adilet.zan.kz/rus/docs/V1700016165
(Article 74 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”)
6. What is the procedure for accounting for acts of acceptance of an object into operation?
Within three working days from the date of approval of the acceptance certificate for the facility, the construction customer must send the approved acceptance certificate for the facility to the State Corporation “Government for Citizens” at the location of the facility with the technical specifications of the facility, a declaration of conformity, and quality conclusions construction and installation work and the compliance of the work with the approved project (Articles 34-2 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
State Corporation “Government for Citizens”, within one day from the date of receipt of the approved act of acceptance of the facility from the applicant by attaching to it the technical characteristics of the facility, a declaration of conformity, conclusions about the quality of construction and installation works and the compliance of the work performed with the approved project, sends simultaneously:
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.
Local executive bodies that carry out 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”, verify the compliance by the customer with the procedures defined by the rules for organizing development and passing licensing procedures, and record the acceptance certificate into operation.
Bodies of state architectural and construction control until 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. (Article 75-1 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
7. How are identification and technical information entered into the information system of the legal cadastre?
A prerequisite for state registration of rights to real estate is the inclusion in the information system of the legal cadastre of identification and technical information of buildings, structures and (or) their components for newly created real estate and state technical inspection of buildings, structures and (or) their components.
The activity of 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 and state technical inspection of buildings, structures and (or) their components is a state monopoly and is carried out by the registration authority at the location real estate property.
The state technical inspection of the newly created real estate is not carried out and the technical passport is not issued.
The identification and technical information of buildings, structures and (or) their components for the newly created real estate is entered by the registering authority into the information system of the legal cadastre on the basis of the act of acceptance of the object into operation, which must be recorded in the structural units of the relevant local executive bodies (from Article 18 of the Law of the Republic of Kazakhstan “On state registration of rights to real estate”)
8. What information does the State Urban Development Cadastre contain?
The State Urban Planning Cadastre contains information about the previous and current condition of territories, buildings and structures, small architectural forms and elements of improvement, as well as urban planning for the development and development of territories and settlements, data on the belonging of territories and objects to the corresponding functional zones, their present and perspective appointment, ecological, engineering-geological, hydrogeological, geotechnical and seismic situations, engineering security. (from Article 37 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
9. Why is the State Urban Cadastre used?
The data of the state urban planning cadastre are to be used when:
1) the development and implementation of urban planning and architectural and construction documentation;
2) the development and change of real estate;
3) the implementation of transactions with real estate, its registration;
4) assessment of investment activity;
5) the issuance of urban planning and architectural planning tasks;
6) the implementation of architectural and construction control and supervision, environmental protection.
The State Urban Planning Cadastre is used to establish taxes on land and other real estate, legal regulation of the use of real estate turnover, monitoring the rational use of territories of settlements, compliance with urban regulations and analysis of project implementation.
(from Article 37 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
10.What is the activity of maintaining the State Urban Planning Cadastre?
The activity of maintaining the State Urban Planning Cadastre is a state monopoly and is carried out by a republican state enterprise on the basis of economic jurisdiction, created by decision of the Government of the Republic of Kazakhstan RGP at the Republican Center for State Planning and Cadastre of the Committee for Construction and Housing and Communal Services of the Ministry of Investments and development of the Republic of Kazakhstan.
The state urban planning cadastre is maintained according to a single system throughout the territory of the Republic of Kazakhstan.
Information from the state urban planning cadastre is a state information resource.
(from Article 38 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
11. What is the purpose of the living area?
The residential zone of the settlement is intended for construction by multi-apartment residential buildings (houses) with equipped adjoining territories and individual residential houses with household plots.
The residential area must be provided with separately standing and (or) built-in facilities (attached to them) for medical care, social services, cultural and educational purposes, engineering and transport infrastructure facilities.
The living area should be provided with parking lots and parking for vehicles, the necessary parking area in accordance with the number of apartments, children's and sports grounds.
In the residential zone it is allowed to place hotels, ground and underground garages, open parking areas for vehicles, as well as production facilities, the placement and operation of which does not affect the environment, requiring the installation of sanitary protection zones.
In some cases, the areas of horticultural and summer residence partnerships located within the boundaries (lines) of a settlement may also belong to residential areas.
(Article 49 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
12. What is the purpose of the public (public-business) zone?
The public (public-business) zone of the settlement is intended for the placement of administrative, research, public institutions and their complexes, hotels and hotel complexes, centers of business and financial activity, cultural, educational, health, sports, commercial activities, trade and public facilities food, consumer services, open parking at the specified facilities, ground and underground garages, other buildings and structures that do not require special measures for sanitary and environmental protection.
Residential buildings (houses) may be included in the list of objects permitted for placement in a public (public-business) zone.
(Article 50 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
13. What is the purpose of the recreational area?
Recreational areas in settlements are intended for the organization and arrangement of recreation facilities for the population and include gardens, forest parks, parks and squares, zoos, ponds, beaches, water parks, landscape architecture objects, other places of recreation and tourism, as well as buildings and structures of leisure and (or) wellness purpose.
Protected natural objects located within the boundaries (lines) of the settlement may be included in the recreation area.
On the territory of the recreational zone are not allowed the placement (construction) of new and expansion of existing industrial, communal and storage facilities, buildings and structures for housing and civil purposes, not directly related to the functioning of the recreational zone.
(Article 51 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
14. What sets up a detailed planning project?
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 part of the territories of the capital, cities of republican and regional significance.
(Article 47-1 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
15. What projects are subject to mandatory examination?
The following are subject to mandatory examination:
1) projects of urban planning for the development and development of territories requiring a comprehensive urban planning expertise and subject to approval by the Government of the Republic of Kazakhstan or local representative bodies;
2) feasibility studies and design estimates, intended for the construction of buildings and structures, their complexes, engineering and transport communications, financed from or with budgetary funds, as well as constructed without the participation of budgetary funds, but which stipulate the legislation the procedure for the share of state ownership in the volume of products or services provided, as well as funds of private loans under a state guarantee or state guarantee;
3) design and estimate documentation intended for the construction of facilities financed without the participation of budgetary funds or other forms of state investment, with the exception of the construction projects for technically simple facilities specified in clause 4 of this article.
(Article 64-1 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
16. What types of project expertise is subdivided?
Examination of projects is divided into the following types:
1) examination of projects (comprehensive non-departmental examination of feasibility studies and design estimates), intended for construction, carried out by accredited expert organizations or experts with the appropriate certificate;
2) a comprehensive non-departmental examination of construction projects (feasibility studies and design estimates), referred to as a state monopoly;
3) a comprehensive urban planning examination - a mandatory examination of urban planning projects of various levels, carried out: expert commissions formed by the authorized body for architecture, urban planning and construction, on projects approved by the Government of the Republic of Kazakhstan;
expert groups formed by the relevant local executive bodies for projects approved by maslikhats;
4) interstate examination of projects of mutual interest for two or more member states of the relevant international treaties for the design and construction of facilities or urban planning of adjacent border territories, carried out by international expert commissions created by authorized bodies of interested states.
(Article 64-3 of the Law of the Republic of Kazakhstan dated July 16, 2001 No. 242-II “On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan”).
17. What material and labor resources should potential suppliers have to participate in government procurement of construction works?
In the implementation of public procurement of construction works (new construction, expansion, technical re-equipment, modernization, reconstruction, restoration and overhaul of existing facilities), the development of a feasibility study, design and estimate documentation and urban development projects, a document confirming the possession of a potential supplier of material and labor resources, is the corresponding permission (license) issued in accordance with the legislation of the Republic of Kazakhstan on permissions and notifications.
(Clause 85-1 of the Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648 “On approval of the Rules for public procurement”)
18. In what cases is the price of an application for participation in a competition of a potential supplier for work and services in the construction industry recognized as dumping?
The price of an application for participation in a competition of a potential supplier for work is recognized as dumping if it is lower than the price specified in the feasibility study (for the development of design estimates) and design estimates that have passed examination in accordance with the legislation of the Republic of Kazakhstan, ( technical documentation intended for the average repair of existing public roads), by more than ten percent.
The price of the application for participation in the competition of a potential supplier for the development of a feasibility study, design and estimate (standard design and estimate) documentation and urban development projects is considered dumping if it is lower than the price calculated by the customer in accordance with State standards for determining the cost design work for construction in the Republic of Kazakhstan,approved by the Order of the Chairman of the Committee for Construction, Housing and Utilities of the Ministry of National Economy of the Republic of Kazakhstan dated November 28, 2016 No. 232-нқ, registered in the Register of State Registration of Normative Legal Acts under No. 14642 in the field of architectural, urban planning and construction activities, more than fifteen percent.
The price of an application for participation in a competition of a potential supplier for work on a comprehensive non-departmental examination of construction projects is recognized as dumping if it is lower than the cost set in accordance with the Rules for determining the cost of work on a comprehensive non-departmental examination of construction projects, as well as a comprehensive town-planning examination of urban planning projects various levels, approved by order of the acting Minister of National Economy of the Republic of Kazakhstan dated December 21, 2015 No. 780.
The price of an application for participation in a competition of a potential supplier for the provision of engineering services in the field of architectural, urban planning and construction activities (technical supervision) is recognized as dumping if it is lower than the price calculated in accordance with approved state standards by more than fifteen percent.
For the indicated works and services, the presentation of dumping prices is not allowed.
Dumping is calculated by the web portal.
(paragraph 13 of the Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648 “On approval of the Rules for public procurement”)
19. What documents do potential suppliers confirm work experience in the construction industry with participation in public procurement?
If the subject of the competition is the construction of new ones, as well as the expansion, technical re-equipment, modernization, reconstruction, restoration and overhaul of existing facilities, a document confirming work experience are electronic copies of acts of acceptance of work performed and acceptance of facilities into operation.
In the event that the potential supplier has experience as a subcontractor, electronic copies of acts of acceptance of work performed and acceptance of the facility into operation are presented, which indicates information about this subcontractor.
In the absence of information about the subcontractor in the act of acceptance of the facility into operation, an electronic copy of the declaration of conformity is additionally provided, which indicates the information about this subcontractor.
If the subject of the competition is the development of design estimates, the document confirming the work experience is an electronic copy of the positive expert opinion.
Documents confirming experience in the market for purchased services are electronic copies of acts of services rendered and invoices.
If the experience of providing services is not a qualification requirement in this competition, the absence of electronic copies of supporting documents affects the corresponding conditional discount.
(from Appendix 5.6 to the tender documentation)
20.How is work experience in the field of construction calculated in public procurement?
In accordance with the Rules for public procurement (approved by Order of the Minister of Finance of the Republic of Kazakhstan dated December 11, 2015 No. 648, work experience in the construction industry is calculated based on the functional purpose and industry of the construction objects (similarity or similarity of previously completed work by type of construction) and their technical complexity, determined in accordance with the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities.
When calculating work experience in the field of construction (construction and installation works and design) of a potential supplier, the following are taken into account:
1) the level of responsibility of buildings and structures (the first is high, the second is normal, the third is low).
If the subject of the competition are buildings and structures of the first (increased) level of responsibility, the experience of only buildings and structures of the first (increased) level of responsibility is taken into account.
If the subject of the competition is buildings and structures of the second (normal) level of responsibility, the experience of work of buildings and structures of the first (increased) and second (normal) level of responsibility is taken into account.
If the subject of the competition is buildings and structures of the third (lowered) level of responsibility, the experience of work of buildings and structures of the first (increased), second (normal) and third (lowered) level of responsibility is taken into account;
2) the technical complexity of objects (buildings and structures related to technically complex objects, and buildings and structures not related to technically complex objects).
If the subject of the competition is technically complex objects (complexes), the experience of only technically complex objects (complexes) is taken into account.
If the subject of the competition is buildings and structures not related to technically complex objects (complexes), the experience of technically complex objects (complexes) and buildings and structures not related to technically complex objects (complexes) is taken into account;
3) functional purpose (industrial facilities, industrial buildings, structures, housing and civil facilities, other structures);
4) the similarity or similarity of previously performed works is taken into account if they are in one subspecies of the licensed type of activity provided for in sections 5 and 6 of the List of permits of the first category (licenses) of the Law of the Republic of Kazakhstan dated May 16, 2014 “On permits and notifications” (hereinafter - Law “On Permits and Notifications”) with the subject of competition.
(Appendix 5 to the tender documentation)