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Footnote. Throughout the text, the words "authorized state body for architecture, urban planning and construction", "authorized state body for architecture, urban planning and construction", "authorized state body for architecture, urban planning and construction" are replaced, respectively, by the words "authorized body for architecture, urban planning and construction", "authorized body for architecture, urban planning and construction", "by the authorized body for architecture, Urban Planning and Construction" by the Law of the Republic of Kazakhstan dated 28.10.2015 No. 366-V (entered into force after ten calendar days after the date of its first official publication).
This Law regulates the relations arising between state bodies, individuals and legal entities in the process of carrying out architectural, urban planning and construction activities in the Republic of Kazakhstan, and is aimed at the formation of a full-fledged habitat and human activity, sustainable development of settlements and inter-settlement territories.
Section 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 is the author's authority to exercise control over:
development of a construction project (construction documentation) carried out by the author(s) of an architectural and urban planning work;
implementation of a construction project carried out by its developers, including the author(s) of an architectural or urban-planning work;
1-1) agglomeration is a local system of urbanized settlements located around one or several large city–centers that have daily labor, industrial, socio-cultural and other ties, as well as a tendency to merge geographically with each other;
2) human habitat - the environment in which a person resides. The habitat includes:
the environment is a set of natural and artificial objects, including atmospheric air, the ozone layer of the Earth, surface and groundwater, land, subsoil, fauna and flora, as well as climate in their interaction;
architectural and landscape environment is a space with a combination of natural conditions and architectural forms in which a person carries out economic activities and other functions. As a rule, this is the environment of settlements, which determines the living conditions and the psychophysical state of a person;
accessible environment (barrier–free) - a property of a building, a place of service, a place of residence that allows you to freely reach the place and use the service, as well as having parameters that make it possible to use the service, reach the object;
the internal environment is a complex of living conditions in residential premises and working conditions in working (industrial) premises, including social, aesthetic, biological, psychological and physico-chemical factors, including natural radiation, external noise, biotic environment, pollution, humidity, composition and movement of air, odors, combustion products, natural and artificial lighting, water purity and more;
3) objects of special regulation and town-planning regulation - objects of architectural, town-planning and construction activities, the implementation of which is difficult or impossible without the introduction of special rules (procedure), the establishment of exceptions or additions to the generally accepted rules (procedure) for the use of territories, the territory of a locality, a separate real estate object;
3-1) the register of accredited expert organizations is a single list of legal entities entitled to conduct a comprehensive non–departmental examination of projects for the construction of facilities;
3-2) accredited expert organization – a legal entity accredited in accordance with the procedure established by the authorized body for architecture, urban planning and construction, carrying out a comprehensive non-departmental examination of projects for the construction of facilities (feasibility studies and design estimates), not attributed by the legislation of the Republic of Kazakhstan on architectural, urban planning and construction activities to the state monopoly;
4) anthropogenic impacts - positive and negative impacts on nature, the environment, the locality caused as a result of various forms of influence of human activity. In case of a negative impact, it becomes necessary to apply environmental measures;
4-1) the register of certified experts is a constantly updated unified list of individuals certified by the relevant structural units of local executive bodies and entitled to:
carrying out work on the examination of projects for the construction of facilities (feasibility studies and design estimates), as well as urban planning projects of territories (urban development projects of various levels);
technical inspection of reliability and stability of buildings and structures;
provision of engineering services for technical supervision on behalf of the customer and author supervision on behalf of the project developers;
5) zoning of territories - in urban planning, the division of territories into functional zones with the establishment of types of urban use of individual zones and possible restrictions on their use;
5-1) territorial transport planning – planning of the development of the transport system of the territory, which includes, among other things, planning the placement of infrastructure of all types of transport and tracing the route network of transport;
6) construction in progress - a construction object that has not been accepted in accordance with the established procedure by the customer for commissioning and is not used for its intended purpose (accommodation, provision of services, production, profit and other types of operation);
6-1) a unique object of construction – buildings, structures and their complexes characterized by special architectural, space-planning, structural, engineering or technological solutions that have not been previously used individually or in combination, for which state or interstate technical regulations and regulatory and technical requirements for design and construction have not been established, determining the need for development, coordination and approval of special technical conditions (special norms) for this object;
6-2) unified architectural style – a set of uniform features used in construction, characteristic of a certain area of development of the territory, including individual development. The main parameters are the appearance, architectural style, color scheme, number of floors, finishing materials. For the area of individual development, the main parameters are the appearance, architectural style, color scheme, number of floors, finishing materials, fencing, type of roof and the location of household buildings on the site;
7) construction - an artificially created volumetric, planar or linear object (land, surface and (or) underground, underwater), having natural or artificial spatial boundaries and intended for the performance of production processes, placement and storage of material assets or temporary stay (movement) of people, cargo, as well as placement (laying, wiring) equipment or communications. The structure can also have an artistic and aesthetic, decorative and applied or memorial purpose;
7-1) detailed planning project – urban planning documentation developed for individual parts of territories and functional zones of settlements, as well as territories located outside settlements;
8) territory of a locality - the space within the established boundary (line) of an urban or rural locality;
9) the general plan of a settlement is an urban-planning project for the integrated planning of the development and development of a city, village, village or other settlement, establishing zoning, planning structure and functional organization of their territory, a system of transport and engineering communications, landscaping and landscaping;
9-1) common areas are territories, objects that are accessible or open to the public;
9-2) local expert opinion – an expert opinion of projects, drawn up and issued to the customer at each stage of expert support for the relevant sections (parts) of the project, with the exception of the final stage of the examination;
10) excluded by the Law of the Republic of Kazakhstan dated 13.01.2012 No. 542-IV (effective after ten calendar days after its first official publication);
11) a project is a plan of individuals and legal entities to ensure the necessary living conditions and human activity, 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 idea and the possibility of its practical implementation;