Law of the Republic of Kazakhstan dated July 16, 2001 No. 242.
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This law regulates the relations arising between state bodies, individuals and legal entities in the course of architectural, urban planning and construction activities in the Republic of Kazakhstan and is aimed at the formation of a full-fledged human environment, sustainable development of settlements and Inter-settlement territories.
Part 1. State regulation of architectural, urban planning and construction activities
Chapter 1. General provisions
Article 1. Basic concepts used in this law
The following basic concepts are used in this law:
1) author's supervision - this is the author's supervision:
development of a construction project (construction documentation) carried out by the author (s) of an architectural and urban planning work;
legal control over the implementation of a construction project carried out by developers, including the author (s) of an architectural or urban planning work;
1-1) excluded by the law of the Republic of Kazakhstan dated 01.01.2023 No. 182-VII (entered into force on the expiration of ten calendar days after the date of its first official publication) ;
2) human habitat - the environment in which a person lives. The habitat includes:
environment-a set of natural and artificial objects, including atmospheric air, the ozone layer of the Earth, surface and groundwater, land, subsoil, animal and plant life, as well as the climate in their interaction;
the architectural and landscape environment is a space in which a person performs economic activities and other functions, combined with natural conditions and architectural forms. As a rule, it is the environment of settlements that determines the living conditions and mental and physical state of a person;
a characteristic of a building, service Point, Place of residence that has dimensions that allow unhindered access to an accessible (barrier – free) environment and use of the service, as well as providing the opportunity to use the service, get to the item;
the internal environment is a complex of living conditions in residential premises and working conditions in working (production) premises, which includes social, aesthetic, biological, psychological and physical-chemical factors, including natural radiation, external noise, biotic neighborhood, air pollution, humidity, composition and transition, odors, burnt products, natural and artificial light, water purity and others;
3) objects of special regulation and urban planning regulation-objects of architectural, urban planning and construction activities that are difficult or impossible to implement without the introduction of special rules (procedure) for the use of territories, the territory of a settlement, a separate object of real estate, without the establishment of exceptions to generally accepted rules (procedure) or additions to them;
3-1) register of accredited expert organizations – a single list of legal entities granted the right to conduct a comprehensive non-departmental examination of construction projects of objects;
3-2) accredited expert organization – a legal entity accredited in accordance with the procedure established by the authorized body for architectural, urban planning and construction, carrying out a comprehensive non-departmental examination of construction projects (feasibility studies and design estimates) of objects that are not classified as a state monopoly by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities;
4) anthropogenic impact - positive and negative impacts on nature, the environment, and the settlement caused by various influences of human activity. In case of negative impact, it is necessary to take environmental measures;
4-1) register of certified experts – certified by the relevant structural divisions of local executive bodies and:
carrying out work on the examination of construction projects of objects (feasibility studies and design and estimate documentation), as well as urban planning projects of territories (urban planning projects of various levels;
technical survey of the reliability and stability of houses and buildings;
a constantly updated unified list of individuals who are granted the right to provide engineering services for technical supervision on behalf of the customer and author's supervision on behalf of the project developers;
5) zoning of territories - functional zoning of territories with the establishment of types of use of individual zones for urban planning and possible restrictions on their use in urban planning;
5-1) territorial transport planning-planning the development of the transport system of the territory, which also includes planning the deployment of infrastructure of all types of transport and traceability of the route network of transport;
6) construction in progress - a construction object that was not accepted by the customer in accordance with the established procedure for commissioning and is not used for its intended purpose (accommodation, service, production of products, profit and other types of use;
6-1) unique construction object – houses, buildings and their complexes characterized by architectural, volumetric-planning, structural, engineering or technological solutions that do not establish state or interstate technical regulations and regulatory and technical requirements for design and construction, which determine the need to develop, coordinate and approve special technical conditions (Special norms) for this object, which have not been previously applied in a separate or aggregate form;
6-2) unified architectural style – a set of unified features used in construction, characteristic of a certain area of construction of the territory, including individual construction. The main criteria are external beauty, architectural style, color solution, layering, finishing materials. For an individual construction area, the main criteria are external beauty, architectural style, color solution, layering, finishing materials, fences, type of coating and location of household structures on the territory of the site;
7) building - an artificially created large-scale, flat or linear object (surface, water surface and (or) underground, underwater) with natural or artificial spatial boundaries and intended for the performance of production processes, placement and storage of material values or temporary placement (displacement) of people, cargo, as well as placement (laying, carrying out) of equipment or communications. The building can also be for artistic and aesthetic, decorative and applied or memorial purposes;
7-1) detailed planning project-urban planning documentation developed for individual parts and functional zones of the territories of settlements, as well as territories located outside the boundaries of settlements;
8) territory of a settlement-the space within the established boundaries (internal territory) of an urban or rural settlement;
9) general plan of a settlement - an urban planning project of comprehensive planning of the development and construction of a city, settlement, village or other settlement, establishing zoning, planned structure and functional organization of its territory, transport and engineering communications, landscaping and improvement systems;
9-1) 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) for construction in the territory of a special industrial zone;
9-2) public places – territories, objects that are accessible or open to the population;
9-3) green spaces-tree-shrub and herbaceous plants that perform protective, sanitary-hygienic, social, aesthetic and other functions on the territory of settlements;
9-4) local expert opinion-the conclusion of the expert opinion of projects, drawn up and transmitted to the customer at each stage of expert support for the relevant sections (parts) of the project, except for the period of completion of the expert opinion;
10) is excluded by the law of the Republic of Kazakhstan dated 13.01.2012 No. 542 - IV (entered into force on the expiration of ten calendar days after its first official publication).
11) project – the final idea of individuals and legal entities to provide the necessary conditions for human habitation and life, presented in the form of architectural, urban planning and construction documentation (drawings, graphic and text materials, engineering and estimate calculations), including a feasibility study of construction and (or) design and estimate documentation, revealing the essence of the final idea and the possibility of its implementation in practice;