Responsibility of subjects for violation of legislation on architectural, urban planning and construction activities.

Responsibility of subjects for violation of legislation on architectural, urban planning and construction activities.

Construction activities in the Republic of Kazakhstan are carried out in accordance with the provisions of the Law of the Republic of Kazakhstan "On Architectural, Urban Planning and Construction Activities in the Republic of Kazakhstan" (hereinafter – the Law) and state building regulations.

State Institution "Department of State Architectural and Construction Control of the East Kazakhstan region" (hereinafter -the Department) It is a local executive body in the field of state architectural and construction control and is a structural subdivision of the Akimat of the East Kazakhstan region.

Management, architectural and construction control and supervision is carried out in the form of unscheduled inspections and preventive control and supervision.

The grounds for conducting an unscheduled inspection are:

appeals of individuals and legal entities;
instructions of the prosecutor's office;
appeals of state bodies;
counter-verification against third parties;
control of the execution of regulations.

 


Depending on the established violations or deviations from the requirements stipulated by state regulations, the architectural and construction control and supervision bodies take measures against the construction subject in accordance with Chapter 20 of the Code of the Republic of Kazakhstan on Administrative Offenses.

Administrative liability in the construction sector provides for a fine of 10 to 1,400 monthly calculation indices depending on the violation and the category of the business entity. In some cases, additional sanctions are provided in the form of revocation of a license or suspension of certificates, etc.

According to the results of the inspection, the GASK inspector issues an order according to which the construction subject is obliged to eliminate violations within the prescribed time.

The Department, in the period from 01.01.2023 to 01.05.2023, initiated 84 administrative cases.

In accordance with Article 17 of the Law "On Architectural, construction and Urban Development activities in the Republic of Kazakhstan":

The responsibility of subjects for violation of the legislation on architectural, urban planning and construction activities arises in violation of the norms and requirements established by the legislation on architectural, urban planning and construction activities, committed by its subjects, entail liability for the following violations:

1) implementation of licensed activities in the field of architecture, urban planning and construction without a license;

2) deviation from the approved functional purpose of territories, town-planning regulations, established regime in areas of special town-planning regulation;

3) deviation from the selection and provision (permission to use) established by law, as well as the seizure of land plots for urban planning purposes related to the provision of state needs;

4) deviation from the established procedure for the development, coordination, examination and approval of urban planning documentation, as well as deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan or making changes to it without the permission of the approving authority;

4-1) deviation from the established procedure for the development, examination and approval of design (design and estimate) documentation, as well as deviation from the documentation approved in accordance with the procedure established by the legislation of the Republic of Kazakhstan, or making changes to it without the permission of the approving authority;

5) production of construction and installation works without notification of the bodies exercising state architectural and construction control and supervision, in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Permits and Notifications";

6) the implementation of construction without the support of architectural construction control and supervision, technical and author supervision in cases where this Law provides for their mandatory;

7) unauthorized construction, as well as changing the architectural appearance, redevelopment (re-equipment, re-profiling) of buildings, individual premises and (or) parts of the building;

8) deviation from the established red lines and building lines, as well as yellow lines in areas of increased seismic hazard during the planning and construction of settlements;

9) non-compliance with state standards in the field of architecture, urban planning and construction, including the non-use of materials, equipment, products and structures of domestic production included in the database of goods, works, services and their suppliers, as well as labor protection, fire protection at facilities financed by public investments and funds of quasi-public sector entities.- and explosion safety, sanitary and environmental safety, ensuring access for persons with disabilities and low-mobility groups of the population to social, transport and recreational infrastructure facilities during the design, examination, construction and subsequent operation of the facility;

10) violation of the procedure established by law for the acceptance and commissioning of completed construction facilities, as well as their maintenance during operation;

11) unmotivated refusal of officials to issue or issue false information on the preparation and decision-making related to the planning and construction (reconstruction) of settlements (parts of settlements), projected objects, as well as on the state of the habitat and vital activity and the proposed changes in it directly affecting public and private interests;

12) other actions, as a result of which the state of the habitat and vital activity deteriorates, the rights and legitimate interests of citizens, including persons with disabilities, and society as a whole are infringed, damage is caused to state interests, which entail responsibility provided for by the laws of the Republic of Kazakhstan.

If violations in the design (design and estimate) documentation are detected during construction, which have a direct impact on the strength, stability and reliability of the object 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) documentation, are responsible, established by the laws of the Republic Kazakhstan.