Responsibility of subjects

Construction activities in the Republic of Kazakhstan are carried out in accordance with the norms of the Law of the Republic of Kazakhstan "On Architectural, Urban Planning and construction activities in the Republic of Kazakhstan" and state building regulations.

According to paragraph 1 of Chapter 3 of the Rules for the Organization of Development and passage of licensing procedures in the field of construction, approved by the Order of the Ministry of National Economy of the Republic of Kazakhstan dated November 30, 2015 No. 750, the implementation of construction projects is carried out on the basis of the relevant right to land and the following stages:

1) obtaining raw materials for the development of construction projects (except in cases of issuing raw materials together with a land plot for construction);

2) development and approval of the sketch (draft design);

3) development of design and estimate documentation (hereinafter referred to as design) and conducting a comprehensive non-departmental examination of construction projects (hereinafter referred to as expertise);

4) notification of the bodies exercising state architectural and construction control and supervision on the start of construction and installation works, implementation of construction and installation works;

5) acceptance and commissioning of the constructed facility.

In most cases, construction subjects are allowed violations due to lack of knowledge of industry legislation.

When constructing facilities in violation of the above requirements of legislation in accordance with the Code of the Republic of Kazakhstan "On Administrative Offenses" (hereinafter – the Administrative Code of the Republic of Kazakhstan), administrative liability is provided, namely:

- Article 316 of the Administrative Code of the Republic of Kazakhstan "construction (reconstruction, restoration, expansion, technical re-equipment, modernization, overhaul) of facilities and their complexes without design (design and estimate) documentation or according to design (design and estimate) documentation that has not passed due diligence";

- Article 319 of the Administrative Code of the Republic of Kazakhstan "illegal construction of industrial, residential, economic, hydrotechnical (water management) or household facilities without the corresponding right to land";

- Article 321 of the Administrative Code of the Republic of Kazakhstan "implementation of construction without technical and author supervision, except for the requirements established by technical regulations";

- Article 463 of the Administrative Code of the Republic of Kazakhstan "engaging in entrepreneurial or other activities, as well as performing actions (operations) without proper registration, authorization or notification."

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.