How to make alterations to flat

Введение

To make an accommodation more comfortable people make alterations.  But no alterations should be made individually. 

First, you can inflict harm to vital constructions and run into danger of walls or even the whole house collapse. Secondly, illegal and unregistered alterations can negatively affect the attempts to sell a flat, and also might cause difficulties upon execution of all notarial transactions.

Obtaining an opinion on the possibility of redevelopment and developing a technical project

To obtain opinions on the possibility of redevelopment, as well as to develop a technical design and project documentation, it is necessary to contact specialized design organizations that can be easily found on the market.

Project documentation development services for each company may be evaluated differently, but first of all, we recommend checking the availability and relevance of licenses for the relevant types of work from these companies.

You can check the relevance of licenses through a special service of the electronic licensing portal — Search for permits.

Search for licensing documents

What are the cases when an alteration is permitted or prohibited?

The procedure for organizing construction and passing licensing procedures in the field of construction is determined by the Rules for Organizing Construction and Passing Licensing Procedures in the field of construction, approved by Order No. 750 of the Minister of National Economy of the Republic of Kazakhstan dated November 30, 2015.

According to paragraph 23 of the Rules, the implementation of projects for the reconstruction (redevelopment, re-equipment) of premises (individual parts) of existing buildings and structures related to the modification of load-bearing and enclosing (external) structures, engineering systems and equipment is carried out in the following stages:

  • obtaining raw materials for reconstruction (redevelopment, re-equipment) of premises (individual parts) of existing buildings;
  • design and expertise of projects for reconstruction (redevelopment, re-equipment);
  • notification of the bodies carrying out state architectural and construction control and supervision on the commencement of construction and installation works and the implementation of construction and installation works;
  • acceptance and commissioning of the constructed facility.

Reconstruction (redevelopment, re-equipment) of premises (individual parts) of existing buildings and structures that are not related to changes in load-bearing and enclosing (external) structures, engineering systems and equipment (within the same functional purpose) is carried out on the basis of a technical design carried out by licensed persons. Obtaining an M&E solution, design and project expertise is not required.

Redevelopment is a change in the layout of a room (premises) associated with a change in the boundaries of this room (these premises).

If it involves changing load-bearing and enclosing (external) structures, engineering systems and equipment, then the above steps must be completed.

If the redevelopment is not related to changes in load-bearing and enclosing (external) structures, engineering systems and equipment and is carried out within the same functional purpose, then obtaining an M&E solution, design and project expertise is not required.

Liability for an authorized alteration

The Code of Administrative Offences provides for liability for unauthorized illegal redevelopment.

Thus, according to article 322 of the Code, illegal re-equipment and redevelopment of residential and non-residential premises in existing buildings without an architectural and construction project and a corresponding decision of the structural divisions of local executive bodies performing functions in the field of architecture, urban planning and construction, with the exception of the requirements established by technical regulations, entail a fine of 30 MCI for individuals, for officials, small business entities, or non-profit organizations – in the amount of 90 MCI, for medium–sized businesses – in the amount of 150 MCI, for large businesses - in the amount of 300 MCI.

The same actions that caused or could have caused a complete loss of strength and stability (destruction) of the building entail a fine of 80 MCI for individuals, 180 MCI for officials, small businesses or non–profit organizations, 250 MCI for medium–sized businesses, and large businesses. – in the amount of 500 MCI.

Obtainment of permit for alteration in akimat

An application for a permit is submitted to the akimat through an online service through the e-government portal.

{"id":17167,"source_id":3692,"title":"Provision of reference materials upon design of construction and reconstruction projects (alteration and modification)","service_code":"02602002","service_link":"http://idp.egov.kz/idp/r?ts=ELICENSE&url=https%3A%2F%2Felicense.kz%2FLicensingContent%2FServicesList%3Fscode%3D2014.%25D0%259C%25D0%25A0%25D0%25A0.%25D0%25A02"}

The electronic application must be accompanied by:

  1. an electronic copy of the written consent of at least two thirds of the total number of owners of apartments, non-residential premises of an apartment building or a protocol of owners of apartments, non-residential premises of an apartment building in cases where changes affect the common property of the condominium facility (not required for persons with musculoskeletal disorders, wheelchair users, if the changes related to providing access to housing);
  2. an electronic copy of the technical passport of the premises being modified (if any);
  3. an electronic copy of the questionnaire (if necessary, additional connection to engineering and utility sources and/or increased loads);
  4. an electronic copy of the title document for the land plot (if the reconstruction provides for additional allotment (pruning) of the land plot) (in the absence of registration in the Unified State Cadastre of Real Estate information system);
  5. an electronic copy of the technical design;
  6. in cases where the designer indicates in the technical design that the planned reconstruction (redevelopment, re-equipment) of the premises (parts of the apartment building) or the relocation of the boundaries of the premises affect the interests of the owners of adjacent premises (parts of the house), an electronic copy of the notarized written consent of the owners of the premises is additionally attached.

The permit is issued free of charge within 15 working days.

As a result, you will receive raw materials for the reconstruction (redevelopment, re-equipment) of premises (individual parts) of existing buildings and structures related to changes in load-bearing and enclosing (external) structures, engineering systems and equipment.:

  • decision on reconstruction (redevelopment, re-equipment) of premises (individual parts) of existing buildings and structures related to changes in load-bearing and enclosing (external) structures, engineering systems and equipment;
  • APZ;
  • technical specifications (when the applicant submits a questionnaire for technical specifications for connection to engineering and utility sources (hereinafter referred to as the questionnaire));
  • diagrams of the routes of external engineering networks (when the applicant submits a questionnaire).

After receiving these documents, you can start developing the project, get an expert opinion, notify the authorities responsible for state architectural and construction control and supervision of the start of construction and installation work, construction work.

We remind you that if the reconstruction (redevelopment, re-equipment) of premises (individual parts) of existing buildings and structures is not related to changes in load-bearing structures, engineering systems and equipment, then you do not need permission from the akimat.

Operational commissioning and obtainment of a new technical passport

After completion of the construction work by the contractor, you need to accept them with the completion of the acceptance certificate in accordance with Annex 2 of the Rules for the acceptance of the built facility into operation by the owner himself. The act is signed by the owner, i.e. you, the contractor and the project organization. After that, it is necessary to approve the act in the Department of Architecture and Urban Planning of your akimat.

Applications for the state service and the issuance of its results are processed through the e-Government web portal: gov.kz.

To obtain a cadastral passport for a real estate property, the following documents must be submitted:

  • a request in the form of an electronic document certified by an Electronic Digital Signature (EDS) or a one-time password, provided that the applicant’s mobile phone number registered with a mobile operator is linked to the portal account;
  • an electronic copy of the title document for the real estate property;
  • where applicable, an electronic copy of the identification document for the land plot;
  • an electronic copy of the document confirming payment for the issuance of the cadastral passport, except when payment is made through the e-Government Payment Gateway.

Payment is made in two stages:

  1. Upon submission of the application, payment is made in the amount of the basic cost of the state technical inspection service for the real estate property according to the approved prices for goods (works and services).
  2. Upon receipt of the service result, full payment (or an additional payment) is made for the completed state technical inspection work according to the approved prices for goods (works and services).

Timeframes for the provision of the state service:

  • cadastral passports for apartments and dormitory rooms are issued on the third working day;
  • cadastral passports for individual residential houses, private garages, and country houses are issued on the fifth working day;
  • cadastral passports for other real estate properties with a total area of up to 1,000 square meters are issued on the seventh working day;
  • cadastral passports for properties with a total area exceeding 1,000 square meters are issued on the tenth working day from the date of application;
  • cadastral passports for first-category complexity real estate properties, except those specified in the second and third paragraphs above, are issued on the fifth working day.

The result of the state service is either the cadastral passport of the real estate property or a notice of refusal to provide the service.

The final stage of the entire procedure is the registration of the commissioning act. After obtaining the new cadastral passport, it is necessary to apply for registration of the commissioning act. The act is registered in accordance with the Rules for the Provision of the State Service “State Registration of Rights (Encumbrances) to Immovable Property.”